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April 28th, 2005 Trial Analysis: Debbie Rowe, Iris Finsilver, Andrew Dietz, Jeffrey Schwartz, Crystalee Danko, Jennifer Simmons, Joe Corral, Part 3 of 3

March 8, 2014

Under cross examination, Schwartz confirmed that the calls were from Jay Jackson’s landline:

13 CROSS-EXAMINATION

 

14 BY MR. SANGER:

 

15 Q. Mr. Schwartz, how are you?

 

16 A. Pretty well.

 

17 Q. Good. I think you need to kind of list more

 

18 towards that microphone, if you could.

 

19 A. This one?

 

20 Q. Yes, please.

 

21 The phone records that you just testified to

 

22 are in the name of Jay Jackson; is that correct?

 

23 A. Yes, that’s correct.

 

24 Q. And there’s a billing address in Los

 

25 Angeles; is that correct?

 

26 A. That’s correct.

 

27 Q. Is this a land-based landline phone or is

 

28 this a mobile phone? 8121

 

1 A. It’s a land-based phone.

 

2 Q. Is it your understanding this is a residence

 

3 phone?

 

4 A. It is. Our company only provides LD service

 

5 to residence phones. We don’t provide any type of

 

6 cellular service.

The remainder of Sanger’s cross examination consisted of him asking Schwartz about several phone calls from Jay Jackson’s telephone to Jackson and his entourage’s phones from January 1st through February 11th, 2003. The three outgoing phone calls from Jackson’s phone to Neverland on February 11th were on the same day was treated to a  full leg wax, lip wax, and bikini wax at the Aromatherapy Day Spa at Jackson’s expense!

7 Q. So this particular phone number — let me

 

8 see if I can put one of these up here.

 

9 Your Honor, with the Court’s permission,

 

10 I’ll put up page — I guess it’s really just page

 

11 one. I’ll put up my copy of page one and see if

 

12 this looks like your copy of page one of Exhibit

 

13 458.

 

14 A. That is.

 

15 Q. All right. So you can look at yours,

 

16 because it’s a little hard to read.

 

17 A. Okay.

 

18 Q. But look up here first just so you can see

 

19 what I’m pointing at. I’m going to point on the

 

20 screen at a phone number up there. Is that the

 

21 phone number that is associated with this account?

 

22 A. Yes, it is.

 

23 Q. And the account is for Jay Jackson, correct?

 

24 A. That’s correct.

 

25 Q. Now, I’m going to ask you to tell us what

 

26 the — well, let me ask —

 

27 Your Honor, I need to ask for the actual

 

28 phone number. It’s up there. Is that all right if 8122

 

1 I do that? I don’t want to —

 

2 THE COURT: Yes. It was the other

 

3 information that we were concerned about, the Social

 

4 Security numbers, that kind of thing.

 

5 MR. SANGER: That’s fine. Thank you. I

 

6 just want to make sure.

 

7 Q. Can you read that phone number from the

 

8 exhibit?

 

9 A. From your exhibit or my exhibit?

 

10 Q. You have the official exhibit. I’m putting

 

11 up a copy.

 

12 A. All right. Yes, I can.

 

13 Q. Please read it.

 

14 A. (213) 739-9279.

 

15 Q. All right. Now, your phone company provided

 

16 service, provided long-distance service to that

 

17 number; is that correct?

 

18 A. That’s correct.

 

19 Q. Does that mean anytime that the phone was

 

20 picked up and a call was made on that telephone

 

21 number ending in 9279, anytime the phone was picked

 

22 up and a long-distance call was made, it would be

 

23 automatically billed to your carrier?

 

24 A. That’s correct.

 

25 Q. Is there a way to bill it to some other

 

26 carrier?

 

27 A. No.

 

28 Q. All right. So I’m going to put up page two 8123

 

1 with the Court’s permission. And if you can look in

 

2 the book there so you can actually read it. But

 

3 I’ll also help you to stay closer to the microphone,

 

4 because we have that microphone issue here.

 

5 These records start when?

 

6 A. On page one is what we’re talking about?

 

7 Q. Yeah. I mean the records you just —

 

8 A. January 1 of .03.

 

9 Q. January 1 of .03. And these appear to be

 

10 the comprehensive records for that period of time;

 

11 is that correct?

 

12 A. They are, correct.

 

13 Q. All right. Now, do you know what carrier

 

14 this customer, Jay Jackson, had for his regular

 

15 telephone services?

 

16 A. It would — probably — I don’t know

 

17 specifically. It would probably be Pac-Bell.

 

18 Q. Pac-Bell. Okay. So if we had seen, for

 

19 instance, on February 4th a Pac-Bell record showing

 

20 a call from this number to Reseda, two calls to

 

21 Reseda on February 4th, they were logged in on the

 

22 Pac-Bell statement, those calls would not

 

23 necessarily show up here; is that right?

 

24 A. I’m not sure I understand your question.

 

25 Q. Well, let’s do it this way. I’ll just ask

 

26 you to look at yours, because I can’t read mine from

 

27 the thing there.

 

28 If you look at the entries – 8124

 

1 I’m going to put that page back up again,

 

2 Your Honor, if I may. Now that I’ve seen it, I’ll

 

3 do it this way here.

 

4 I’ll just try to look at the particular

 

5 entries here. If you look at the entries for —

 

6 starting at the top, it starts with 1-1-03, correct?

 

7 A. Correct.

 

8 Q. And it goes through the month of January.

 

9 There is a total of 11 calls through January,

 

10 correct? Well, no, I’m sorry, there’s a total of

 

11 nine calls. It starts on line 3 and goes to line

 

12 11, correct?

 

13 A. Right.

 

14 Q. And —

 

15 A. 1-20-03 would be the last call in January.

 

16 Q. Okay. And then as far as your carrier is

 

17 concerned, the next charge you have is on 2-4-03,

 

18 correct?

 

19 A. To Newport News, Virginia.

 

20 Q. That is a call to Newport News, Virginia.

 

21 A. Talking about line 12, correct?

 

22 Q. Line 12, correct.

 

23 A. That’s correct.

 

24 Q. And then on 2-5-03, there’s a call to

 

25 Naples, I suppose.

 

26 A. I’m sorry. Yeah. Naples, Florida, correct.

 

27 Q. All right. Now, I’m going to show you

 

28 Exhibit 451, and I’m going to have to ask the clerk 8125

 

1 for that, if I may, please. Should be a book.

 

2 May I inquire of the government to see if

 

3 they have that book there, by any chance? We’re

 

4 looking for an Exhibit 451, which is the Pac-Bell

 

5 records. You don’t have it there at the counsel

 

6 table is what I was inquiring.

 

7 MR. NICOLA: I don’t. It was released for

 

8 us to redact per the Court’s instruction. I didn’t

 

9 bring it down with me.

 

10 THE COURT: She couldn’t hear what you said.

 

11 MR. NICOLA: I’m sorry, Your Honor. I took

 

12 that per the Court’s instructions to redact. I

 

13 haven’t brought it back.

 

14 THE COURT: Try to blame it on me, will you?

 

15 (Laughter.)

 

16 THE COURT: That’s the book you have.

 

17 MR. NICOLA: Yes. It’s one of several.

18 MR. SANGER: Okay. May I confer with

 

19 counsel, see if we can find a way around this?

 

20 THE COURT: Yes.

 

21 (Discussion held off the record at counsel

 

22 table.)

 

23 MR. SANGER: Your Honor, with the

 

24 stipulation of counsel, we’ll use my copy and the

 

25 one that was provided to me of 451, Tab 6. It’s

 

26 already been received into evidence. And that’s

 

27 what we’ll use in a second, if I may.

 

28 THE COURT: All right. Good. 8126

 

1 Q. BY MR. SANGER: Okay. Mr. Schwartz, let me

 

2 ask you, how long have you worked in the phone

 

3 business?

 

4 A. Nine years.

 

5 Q. And are you familiar with phone billing

 

6 records in general?

 

7 A. Yes, I am.

 

8 Q. And how many companies have you worked for

 

9 in that period of time?

 

10 A. Just one.

 

11 Q. Which one is that?

 

12 A. Talk America.

 

13 Q. Has Talk America been in existence all that

 

14 time?

 

15 A. Yes, that’s correct.

 

16 Q. Oh, okay.

 

17 All right. I’m going to show you a phone

 

18 record that has been admitted into evidence, which

 

19 is 451, Tab 6, and it’s page three of Tab 6. And

 

20 this was — I think I can say for your benefit, to

 

21 orient you, this was provided by a Pac-Bell

 

22 representative.

 

23 And I’ll put that up if I may, Your Honor.

 

24 THE COURT: Yes.

 

25 Q. BY MR. SANGER: Now, this is — I’ll let you

 

26 take a look at that for a second and see if you can

 

27 orient yourself and get a feel for that. That is —

 

28 A. It looks like a phone bill. 8127

 

1 Q. There you go. All right. And if you look

 

2 in the upper left-hand corner, the indication is

 

3 that this phone bill pertains to this phone number,

 

4 (213) 739-9279.

 

5 A. Okay.

 

6 Q. See that? Is that the phone number that’s

 

7 referred to on your Exhibit 458, the Talk America

 

8 exhibit that’s in front of you?

 

9 A. It is.

 

10 Q. I think you have to lean into the

 

11 microphone.

 

12 A. Yes, it is.

 

13 Q. Oh, that one works, too. All right.

 

14 Okay. And I guess what I was referring to

 

15 is there are a couple of entries here for February

 

16 the 4th at 6:11 p.m. and then 6:14 p.m., both

 

17 four-minute calls to a number apparently in Reseda,

 

18 an (818) number.

 

19 And my question to you is, assuming this is

 

20 the same telephone, why would there be two calls

 

21 billed to Pacific Bell on that date and another

 

22 long-distance call to – where did we say? – Newport

 

23 News billed to Talk America on the same date?

 

24 A. Why would there be?

 

25 Q. Yeah.

 

26 A. So you’re asking why a long-distance call

 

27 would show up on a local phone bill?

 

28 Q. Yes. 8128

1 A. I’m not familiar with the geography of

 

2 California, but Reseda may be within the latta, and

 

3 it may not reflect as a long-distance call.

 

4 Q. Could you turn around and talk into the mike

 

5 there, please. You said — I think everybody heard,

 

6 but you said “within the latta”?

 

7 A. Correct.

 

8 Q. And what is a latta? I’m afraid to ask.

 

9 A. For lack — I guess to — a layman term

 

10 would be an area code or a geographic area in which

 

11 the phone call would be billed in, so — do you want

 

12 me to explain it or —

 

13 Q. Go ahead.

 

14 A. A latta is the area where the phone call —

 

15 you’d be charged different rates when you went

 

16 across a latta. And once you cross a latta, it

 

17 would be considered a long-distance call.

 

18 Q. All right. So your local phone bill might

 

19 have a call that crosses a latta but does not invoke

 

20 your carrier’s business?

 

21 A. That’s correct.

 

22 Q. All right. So if I then put 458 back up,

 

23 and this is page two, the calls that we’ve just

 

24 referred to there are not inconsistent with your

 

25 carrier providing service during that same period of

 

26 time; is that right?

 

27 A. No.

 

28 Q. Okay. Thank you. I just have a couple of 8129

 

1 more questions here. And let me look at this first.

 

2 Yes, all right. I’m going to put this up

 

3 and we’ll again try to orient ourselves. Okay.

 

4 You’re welcome to look at the actual exhibit in

 

5 front of you, but I’m going to refer to Line 17, 18,

 

6 and 19 from February the 11th, 2003. Do you see

 

7 those?

 

8 A. I do.

 

9 Q. Okay. And your bill would reflect only

 

10 outgoing calls, I suppose, unless somebody called

 

11 collect, correct?

 

12 A. Outgoing only, that’s correct.

 

13 Q. So it appears on February the 11th, 2003,

 

14 there were three outgoing calls to Santa Barbara; is

 

15 that correct?

 

16 A. That’s correct.

 

17 Q. And those three calls were at 2322 hours,

 

18 which would be 22 minutes after eleven o’clock at

 

19 night, correct?

 

20 A. Correct.

 

21 Q. And the next — that’s to one number. And

 

22 then the other two calls are to the same number. I

 

23 didn’t say that correctly. The first call is to

 

24 a — one number. And the second two calls are to

 

25 the same number?

 

26 A. The first one’s to 2300, and the second two

 

27 are 2724.

 

28 Q. And the second two were placed at 11:23 at 8130

 

1 night and 11:49 at night, correct?

 

2 A. Yes.

 

3 MR. SANGER: Let me have just one more

 

4 second, if I may, Your Honor, please.

 

5 All right. I have no further questions.

 

6 MR. NICOLA: No questions, Your Honor. See

 

7 you “latta.”

 

8 THE COURT: Call your next witness.

 

9 MR. NICOLA: Crystalee Danko.

The next prosecution witness was Crystalee Danko, who testified about the validity of Sprint phone records for Dr. Farshchian, and Mark Geragos and David LeGrande’s respective law firms. Once Nicola’s direct examination was finished, Robert Sanger declined to cross examine Danko:

21 DIRECT EXAMINATION

 

22 BY MR. NICOLA:

 

23 Q. Good afternoon, Miss Danko.

 

24 A. Good afternoon.

 

25 Q. I’ve placed in front of you Exhibit 454,

 

26 correct?

 

27 A. That’s correct.

 

28 Q. Do you recognize that exhibit? 8131

 

1 A. Yes, I do.

 

2 Q. Have you had an opportunity to review it and

 

3 its contents before you came to court today?

 

4 A. Yes, I have.

 

5 Q. Can you tell the jury, please, what exhibit

 

6 four fifty —

 

7 A. Five.

 

8 Q. — five is? Excuse me.

 

9 A. Yes, these are Sprint cell phone records and

 

10 landline records, including subscriber information

 

11 and billing information.

 

12 Q. And are the contents of Exhibit 455 those

 

13 which are regularly made in the course of your

 

14 business?

 

15 A. Yes, they are.

 

16 Q. Would you open up Exhibit 455 in the index,

 

17 please?

 

18 A. Yes.

 

19 (Off-the-record discussion held at counsel

 

20 table.)

 

21 MR. NICOLA: Okay. Just want to make sure

 

22 we’re all on the same page.

 

23 Q. With respect to Exhibit 455, did you compare

 

24 the contents of the table of contents with the

 

25 information contained in the corresponding tabs

 

26 within the binder?

 

27 A. Yes, I have.

 

28 Q. Okay. 8132

 

1 MR. SANGER: We’re not on the same page.

 

2 We’re not on the same page, I’m sorry. There is

 

3 no — there’s no — there’s no table of contents on

 

4 this one.

5 MR. NICOLA: You can use mine.

 

6 MR. SANGER: Okay. Thank you. Let’s see

 

7 what you did here.

 

8 MR. NICOLA: You ready?

 

9 MR. SANGER: Excuse me just one second.

 

10 Q. BY MR. NICOLA: I’m sorry.

 

11 A. That’s okay.

 

12 Q. With respect to the information contained in

 

13 Tab No. 1, is that subscriber information for a firm

 

14 listed in the table of contents?

 

15 A. Yes, it is.

 

16 Q. Okay. And are there telephone numbers that

 

17 your records show connected with that firm?

 

18 A. Yes.

 

19 Q. And are they also on the table of contents?

 

20 A. Yes, they are.

 

21 Q. Would you read those telephone numbers into

 

22 the record, please?

 

23 A. (702) 362-5118; (702) 222-2500; (702)

 

24 365-6940.

 

25 Q. If you would turn to Tab 1 of your exhibit,

 

26 and does the first page of the exhibit list the same

 

27 name that is under “Subscriber Name” in the table of

 

28 contents? 8133

 

1 A. Yes, it does.

 

2 Q. If you would turn to page two. And what is

 

3 page two?

 

4 A. It is listing information, listing address

 

5 and names for the information on the front page.

 

6 Q. Do those names correspond to the 222-2500

 

7 number?

 

8 A. Yes, they do.

 

9 Q. And is one of those names a David LeGrand?

 

10 A. Yes, it is.

 

11 Q. Would you please turn the page and go to the

 

12 page marked 3 of 11. Are you there?

 

13 A. Yes, I am.

 

14 Q. And on page 3 of 11 of what appears to be a

 

15 February 21, 2003, phone bill, is there a list of

 

16 telephone numbers which include the 362-5118 and

 

17 365-6940 numbers listed in the table of contents?

 

18 A. Yes.

 

19 Q. Okay. And do all those telephone numbers

 

20 belong to the firm of Hale Lane Peek Dennison and

 

21 Howard?

 

22 A. Yes, they do.

 

23 Q. If you would turn to Tab 2, please. Now,

 

24 does Tab 2 contain the subscriber information for a

 

25 business entitled, “Geragos & Geragos”?

 

26 A. Yes, it does.

 

27 Q. And is there a telephone number on the table

 

28 of contents which corresponds to the number you have 8134

 

1 on record for Geragos & Geragos?

 

2 A. Yes.

 

3 Q. And what is that number?

 

4 A. (213) 864-2100.

 

5 Q. If you would turn to page two, the second

 

6 page, do you find an additional number for the

 

7 business “Geragos & Geragos”?

 

8 A. Yes.

 

9 Q. And what is that number?

 

10 A. (213) 625-3900.

 

11 Q. Turning to Tab No. 3, does Tab No. 3 contain

 

12 subscriber and billing information for one Vincent

 

13 Amen?

 

14 A. Yes, it does.

 

15 Q. Is there a cellular number associated with

 

16 Mr. Amen in your subscriber records?

 

17 A. Yes.

 

18 Q. And what is that number, please?

 

19 A. (201) 838-4345.

 

20 Q. If you would turn, please, to Exhibit

 

21 No. — excuse me, Tab 4 in Exhibit 455. Do you have

 

22 in Tab 4 the subscriber information for one Frederic

 

23 Marc Schaffel?

 

24 A. Yes, I do.

 

25 Q. And do the numbers in the table of contents

 

26 correspond to the subscriber information in your

 

27 Sprint records?

 

28 A. Yes, it does. 8135

 

1 Q. Is there an additional telephone number in

 

2 your subscriber information for Mr. Schaffel that is

 

3 not on the table of contents? If you would look at

 

4 page one.

 

5 A. Yes, there is.

 

6 Q. And what is that number?

 

7 A. (818) 876-0029.

 

8 Q. And can you tell if that is a cellular

 

9 number or a landline?

 

10 A. I cannot tell by these records.

 

11 Q. If you would turn briefly to Exhibit No. 5.

 

12 Does Exhibit 5 contain the subscriber information

 

13 for a Maria Farshchian?

 

14 A. Yes, it does.

 

15 Q. F-a-r-s-h-c-h-i-a-n?

 

16 A. Yes, it does.

 

17 Q. Okay. And does the Tab No. 5 also contain

 

18 the toll records — excuse me, the billing for the

 

19 period of January, February and March of 2003?

 

20 A. Yes, it does.

 

21 Q. Are the records contained within Exhibit 455

 

22 records which Sprint regularly relies upon in the

 

23 normal course and scope of their business?

 

24 A. Yes, they are.

 

25 MR. NICOLA: Your Honor, we would offer 455

 

26 into evidence at this time, please.

 

27 MR. SANGER: On these, we have the objection

 

28 of relevance as to, in particular, some of the 8136

 

1 subscribers. It’s the same objection that I made

 

2 previously, that there’s no foundation to show

 

3 relevance. And I think the Court —

 

4 THE COURT: I’ll admit them, subject, as I

 

5 did the others, to the District Attorney tying up

 

6 the relevance.

 

7 MR. SANGER: Thank you.

 

8 MR. NICOLA: Thank you, Your Honor.

 

9 Your Honor, may I publish?

 

10 THE COURT: Yes.

 

11 Q. BY MR. NICOLA: Mrs. Danko? It’s Missus?

 

12 A. Yes.

 

13 Q. If you would please turn to the billing

 

14 information for Fred Schaffel and find the page that

 

15 corresponds to February 7th of 2003, please.

 

16 A. Okay.

 

17 Q. Have you found it?

 

18 A. Yes.

 

19 Q. Okay. Does the billing for February 7th of

 

20 2003 begin on page eight of the February 21 bill?

 

21 A. Yes.

 

22 Q. Okay. I’d like to talk to you about a code

 

23 on your bills which is denoted as “CW.”

 

24 A. Yes.

 

25 Q. Okay. On line — excuse me. On Line No.

 

26 194, there’s a “CW” next to the date and time stamp

 

27 of 10:17 a.m., entitled “Incoming.” Can you explain

 

28 to us how an incoming call — what an incoming call 8137

 

1 on your system means, call waiting?

 

2 A. Yes. Our subscriber was on the phone.

 

3 Either he had received an incoming call or he had

 

4 made an outgoing call. Either way, he was on a

 

5 phone call. And during that phone call, he received

 

6 another call. And when he received that second

 

7 call, he answered it. And that’s what indicates

 

8 here, an incoming call. And a “CW” over there is

 

9 what indicates the call waiting was used.

 

10 Q. Okay. Now, after he received, he or she —

 

11 A. Or she.

 

12 Q. After the call came in at 10:17 a.m., can

 

13 you tell whether or not your subscriber stayed on

 

14 the phone with the call immediately preceding?

 

15 A. For one minute or less.

 

16 Q. Okay. How can you tell that?

 

17 A. Our corporation bills in one-minute

 

18 increments, and one minute is listed here next to

 

19 the call waiting indicator.

 

20 Q. So this could have actually been a

 

21 2.4-second call?

 

22 A. Yes.

 

23 Q. My question, however, is, if the caller was

 

24 on the phone to this number at 10:16 a.m., and it

 

25 lasted for six minutes, did this call actually

 

26 interrupt this call?

 

27 A. Yes, it does.

 

28 Q. Okay. So the Entry 193, did that continue 8138

 

1 after the entry on 194?

 

2 A. Yes, it did.

 

3 Q. If you could please turn to page nine, and

 

4 I’d like you to begin at line 215. I’ll project

 

5 that.

 

6 There appears to be the same call — excuse

 

7 me, the same code here a number of times. “CW” and

 

8 “CW”?

9 A. That’s correct.

 

10 Q. There’s also this code right here, what does

 

11 that mean, the “3W”?

 

12 A. The “3W” indicates that a three-way call was

 

13 initiated.

 

14 Q. And how does that work on your system?

 

15 A. You would need to be on the phone call in

 

16 the first place, just like the call waiting

 

17 situation. In this situation, if you look at 2-7 at

 

18 3:13 p.m., there was an outgoing call. Our

 

19 subscriber had made an outgoing call and was on the

 

20 phone for approximately 14 minutes. During that

 

21 time frame, at 3:22, our subscriber called out and

 

22 conferenced in another number.

 

23 Q. Let me stop you for a minute. Where are

 

24 you? Which line item?

 

25 A. I’m on line 230.

 

26 Q. Would you look at line —

 

27 A. Sorry.

 

28 Q. — 218? 8139

 

1 A. That’s kind of hard for you to see. How

 

2 about line 217?

 

3 Q. Okay. Explain how that came about.

 

4 A. Our customer had received a call, an

 

5 incoming call, at 3 — at 1:13 p.m., and that lasted

 

6 for seven minutes. During that call, they made a

 

7 call out, three-waying into the (702) 222-2520

 

8 number.

 

9 Q. Okay. Would you expect, in a three-way

 

10 call, that when the user of Mr. Schaffel’s phone

 

11 dialed the 222-2520 number, that would show as an

 

12 incoming call on their system, if they record such

 

13 things?

 

14 A. The receiver?

 

15 Q. Yes.

 

16 A. Yes.

 

17 MR. NICOLA: Okay. I think I have no

 

18 further questions. Thank you.

 

19 THE COURT: Counsel?

 

20 MR. SANGER: No questions, Your Honor.

 

21 THE COURT: Good.

 

22 You may step down.

 

23 THE WITNESS: Thank you.

 

24 THE COURT: Next witness.

 

25 MR. NICOLA: Our next witness is Ms.

 

26 Jennifer Simmons.

The next prosecution witness was Jennifer Simmons, who testified about the Nextel phone records from Jackson’s production company MJJ Productions. Sanger declined to cross examine Simmons:

11 DIRECT EXAMINATION

 

12 BY MR. NICOLA:

 

13 Q. Good afternoon, Miss Simmons. I’d like to

 

14 hand you Exhibit No. 450, and ask if you recognize

 

15 that, please.

 

16 A. Yes.

 

17 Q. What is it?

 

18 A. It’s records of Nextel statements from

 

19 Tavasci, Evvy; MJJ Productions.

 

20 Q. These are records of Nextel Phone Company?

 

21 A. Correct.

 

22 Q. Do you work for them?

 

23 A. Yes, I do.

 

24 Q. For how long?

 

25 A. Six years.

 

26 Q. And are you here today as their custodian of

 

27 records?

 

28 A. Yes. 8141

 

1 Q. He’s going to adjust your microphone.

 

2 A. Oh.

 

3 Q. Are you familiar with the contents of

 

4 Exhibit 450?

 

5 A. Yes.

 

6 Q. And is there a three-page table of contents?

 

7 A. Yes.

 

8 Q. Have you gone through the subscriber

 

9 information, the corresponding telephone numbers

 

10 that are listed out in that table of contents?

 

11 A. Yes.

 

12 Q. And have you confirmed the accuracy of the

 

13 entries on the table of contents?

 

14 A. Yes.

 

15 Q. With respect to Tab No. 1, does that contain

 

16 account statements for the telephone numbers (310)

 

17 901-7487 and (818) 402-7087 for the billing period

 

18 of February of 2003?

 

19 A. Could you repeat the second number? The

 

20 first one was correct.

 

21 Q. (818) —

 

22 A. Uh-huh.

 

23 Q. — 402-7087?

 

24 A. Yes.

 

25 Q. Okay. I have the same question about those

 

26 two phone numbers in Tab No. 2, and I ask if the

 

27 contents of Tab No. 2 are the billing statements for

 

28 the month of March for those two numbers? 8142

 

1 A. Yes.

 

2 Q. And the same question with respect to those

 

3 telephone numbers and the April billing statement.

 

4 Are those contained within Tab No. 3?

 

5 A. Yes.

 

6 Q. Is the bill address under Tab No. 1, 2

 

7 and 3 – you can look at Tab 1 first – Evelyn

 

8 Tavasci —

 

9 A. Yes.

 

10 Q. — MJJ Productions, P.O. Box 6034, Sherman

 

11 Oaks, California?

 

12 A. Yes.

 

13 Q. Is that the same on exhibits — excuse me,

 

14 the bills on Tabs 1, 2 and 3?

 

15 A. Yes, they are.

 

16 Q. With respect to Tab No. 4, can you describe

 

17 what is in that exhibit, please?

 

18 A. This is a subscriber history, a description

 

19 of each unit. It will show the unit’s phone number;

 

20 the user name of that unit that’s listed in our

 

21 bill; the radio I.D.; an IMSI I.D., which is for our

 

22 network to identify each unit for billing purposes;

 

23 a serial number, which is a SIM identification,

 

24 which tells what piece of equipment it is, as well

 

25 as the effective date of the activation, and if

 

26 there was an expiration, meaning a cancellation of

 

27 that unit, if it cancelled.

 

28 It also includes the account number for the 8143

 

1 bill, the billing name, and the billing address.

 

2 Q. Are there a number of phones — excuse me,

 

3 phone numbers registered to an Evelyn Tavasci —

 

4 A. Yes.

 

5 Q. — that are listed in the table of contents

 

6 under Tab No. 4?

 

7 A. Yes.

 

8 Q. Did you confirm that each one of those

 

9 telephone numbers corresponds to the information in

 

10 Tab No. 4?

 

11 A. Yes.

 

12 Q. And with respect to the billing information,

 

13 do all the bills appear to go to the address at P.O.

 

14 Box 6034 —

 

15 A. Yes, they do.

 

16 Q. — Sherman Oaks, California?

 

17 Are some entitled, “Ms. Evelyn Tavasci,

 

18 Attention: MJJ Productions”?

 

19 A. Yes.

 

20 Q. And some are not, correct?

 

21 A. Correct.

 

22 Q. But they’re all going to the P.O. Box at

 

23 6034?

 

24 A. Yes.

 

25 Q. I’d like you to turn, please, to Tab No. 5.

 

26 A. Actually, there is no Tab No. 5 in this one.

 

27 Q. Oh, I’m sorry.

 

28 A. That’s all right. 8144

 

1 Q. It’s actually Tab No. 7. Does Tab No. 7

 

2 contain four additional phones registered to an

 

3 Evelyn Tavasci?

 

4 A. Yes.

 

5 Q. And are those phone numbers accurately

 

6 printed on the table of contents on Exhibit 450?

 

7 A. Yes.

 

8 Q. Are the billing statements attached for the

 

9 February billing cycle of the year 2003?

 

10 A. Yes.

 

11 Q. Okay. With respect to the final two tabs,

 

12 No. 8 and No. 9, are the numbers listed in the table

 

13 of contents and registered to an Evelyn Tavasci

 

14 contained within the Tabs 8 and 9 for the months of

 

15 March and April of 2003?

 

16 A. For 8 and 9, yes.

 

17 Q. And you confirmed both of those —

 

18 A. Yes.

 

19 Q. — sections before you came to court?

 

20 A. Uh-huh.

 

21 Q. Now, with respect to the contents of

 

22 Exhibit 450, are these all records which record the

 

23 information contained at or near the time of each of

24 the events recorded?

 

25 A. Yes. Yes.

 

26 Q. Nextel is just a wireless company, correct?

 

27 A. Correct.

 

28 Q. And none of these telephones are landlines? 8145

 

1 A. Right, they are all wireless.

 

2 Q. Okay. And does Nextel rely on the

 

3 information contained within Exhibit 450 in the

 

4 regular course of their business?

 

5 A. Yes, they do.

 

6 MR. NICOLA: We would offer Exhibit 450 into

 

7 evidence.

 

8 MR. SANGER: I have the same objection.

 

9 THE COURT: All right. They’re admitted,

 

10 subject to connection later.

 

11 MR. NICOLA: Thank you, Your Honor. I have

 

12 no further questions.

 

13 MR. SANGER: I have no questions, Your

 

14 Honor.

 

15 THE COURT: Thank you.

 

16 Call your next witness.

 

17 MR. NICOLA: It’s going to be Joe Corral.

The final prosecution witness on this utterly boring day of testimony was Joe Corral, an employee of Verizon who testified about the phone records of Frank Cascio’s sister Franchesco, and Neverland employee Rudy Provencio. Once again, Sanger refused to cross examine, and this just shows how utterly worthless the phone records evidence was in incriminating Jackson of any “conspiracy”; in fact, Judge Melville jokingly asked Sanger if he wanted to go back and cross examine those witnesses!

1 DIRECT EXAMINATION

 

2 BY MR. NICOLA:

 

3 Q. Good afternoon, Mr. Corral.

 

4 A. Afternoon.

 

5 Q. I’d like to show you Exhibit 457 and Exhibit

 

6 459, please. Do you recognize Exhibit 457?

 

7 A. Yes, I do.

 

8 Q. And what is it, please?

 

9 A. It’s telephone records that were subpoenaed

 

10 from Verizon.

 

11 Q. Do you work for Verizon?

 

12 A. Yes, I do.

 

13 Q. For how long?

 

14 A. Approximately 27 years.

 

15 Q. And are you here to testify as Verizon’s

 

16 custodian of records with respect to the California

 

17 and I think it’s New York records?

 

18 A. Yes, I am.

 

19 Q. And are the New York records kept in

 

20 Exhibit 459?

 

21 A. Yes, they are.

 

22 Q. Okay. With respect to Exhibit 457, is there

 

23 a table of contents with a number of entries

 

24 corresponding to tabs in the exhibit?

 

25 A. Yes, there is.

 

26 MR. NICOLA: Would you give us just a

 

27 moment.

 

28 MR. SANGER: Just one second, Your Honor, 8147

 

1 please.

 

2 THE COURT: Why don’t we take our break now.

 

3 (Recess taken.)

 

4 THE COURT: Go ahead, Counsel.

 

5 MR. NICOLA: Thank you, Your Honor.

 

6 Q. Mr. Corral, we just started talking about

 

7 the two exhibits in front of you. Why don’t we

 

8 start with the New York exhibit. Is that Exhibit

 

9 459?

 

10 A. Yes.

 

11 Q. And contained within that exhibit, is there

 

12 subscriber information and toll records for

 

13 Franchesco Cascio?

 

14 A. Yes.

 

15 Q. Does he have a billing address in New

 

16 Jersey?

 

17 A. Yes.

 

18 Q. Are the records contained in Exhibit 459

 

19 those kept within the normal course and scope of the

 

20 business of Verizon?

 

21 A. Yes, they are.

 

22 Q. And is the information contained within that

 

23 exhibit gathered at or near the time of the event?

 

24 A. Yes, they are.

 

25 Q. And does Verizon rely upon those records to

 

26 conduct their business?

 

27 A. Yes, we do.

 

28 MR. NICOLA: Your Honor, we would move 459 8148

 

1 into evidence at this time.

 

2 MR. SANGER: Same objection. I take it same

 

3 ruling.

 

4 THE COURT: Same ruling, yeah. I’ll allow it

 

5 with the proviso that it’s connected up later.

 

6 Q. BY MR. NICOLA: If you would please turn to

 

7 Exhibit 457. Are those the records for Verizon

 

8 California?

 

9 A. Yes, they are.

 

10 Q. And with respect to the ten numbers listed

 

11 in the table of contents, are those landlines?

 

12 A. Yes, they are.

 

13 Q. I didn’t ask you, but is it a landline in

 

14 Exhibit 459 as well?

 

15 A. Yes, it is.

 

16 Q. Okay. And listed within Exhibit 457, is

 

17 there a table of contents that lists five sections

 

18 where the subscriber is the Neverland Ranch?

 

19 A. Yes.

 

20 Q. Have you examined the exhibit and all of its

 

21 contents prior to your testimony today?

 

22 A. Yes, I have.

 

23 Q. And are the numbers listed for Neverland

 

24 Ranch which are listed on the table of contents –

 

25 those telephone numbers appear on your records

 

26 contained within Tabs 1, 2, 3, 4 and 6 – do those

 

27 numbers correspond to the information contained

 

28 within those tabs? 8149

 

1 A. Yes, they do.

 

2 Q. Do your records show that the numbers listed

 

3 for Neverland Ranch were active during the period of

 

4 January through April of 2003 — excuse me, through

 

5 March of 2003?

 

6 A. Yes, they do.

 

7 Q. So those phone lines were active during that

 

8 period of time?

 

9 A. Yes.

 

10 Q. If you would turn your attention, please, to

 

11 the contents of Tab No. 5. Is that subscriber and

 

12 billing information for one Rudy Provencio?

 

13 A. I’m sorry? Could you repeat the question?

 

14 Q. Are the contents of Tab No. 5 the subscriber

 

15 and billing information for Rudy Provencio?

 

16 A. Yes.

 

17 Q. And is the corresponding telephone number

 

18 for him (301) 473-5702?

 

19 A. Yes, it is.

 

20 Q. Okay. I’m going to show you some records,

 

21 if you could please turn to page 22.

 

22 May I publish, Your Honor?

 

23 THE COURT: They’re admitted, are they? Have

 

24 these been —

 

25 MR. NICOLA: Oh, I’m sorry. The rest of the

 

26 foundation.

 

27 Q. Are the contents of Exhibit 457 records

 

28 which are kept within the ordinary course and scope 8150

 

1 of your business?

 

2 A. Yes, they are.

 

3 Q. And are the entries recorded at or near the

 

4 times of the events recorded?

 

5 A. Yes.

 

6 Q. And are they records which Verizon regularly

 

7 relies upon in the normal course of their business?

 

8 A. Yes, they do.

 

9 MR. NICOLA: We’d make our proffer at this

 

10 time, Your Honor.

 

11 THE COURT: Are you asking that they be

 

12 admitted?

 

13 MR. NICOLA: May we admit 457 in evidence at

 

14 this time, Your Honor?

 

15 MR. SANGER: Same objection.

 

16 THE COURT: All right. Same ruling. It’s

 

17 admitted.

 

18 Q. BY MR. NICOLA: If you could turn to Tab 4,

 

19 page 22 at the bottom, if I could direct your

 

20 attention to this section of the phone bill. And

 

21 maybe give us a little interpretation of what all

 

22 this means, this string of numbers and letters and

 

23 numbers. Start right here where it says, “0204,” if

 

24 you could.

 

25 A. Yes, it’s a record of billable calls, and in

 

26 this case, the first call on the very top shows the

 

27 date, which would be “0204,” or February 4th. The

 

28 call that was made to would be Canoga Park – that’s 8151

 

1 an abbreviation “CANO” – in California.

 

2 Q. Okay.

 

3 A. The time right after that is in military

 

4 time, which would be 2234, which would convert to

 

5 10:34 p.m.

 

6 Q. Okay.

 

7 A. The numbers after that would be the number

 

8 that was called, which would be (818) 876-0029.

9 Q. Okay. Is there a header column at the top

 

10 of this? I’ll focus on that so you can see that one

 

11 more clearly.

 

12 A. Yes. It basically states calls billed to

 

13 (310) 473-5702.

 

14 Q. And that corresponds to the subscriber’s

 

15 phone number, correct?

 

16 A. Yes, it does.

 

17 Q. Now, this column up here that says “Date,”

 

18 “Call,” et cetera, that corresponds with the numbers

 

19 down this — these columns here?

 

20 A. Yes, they do.

 

21 Q. Okay. So when someone wants to read these

 

22 records, if they want the phone number dialed, they

 

23 go to the end of this block and count backwards to

 

24 get to the area code, correct?

 

25 A. Yes. Or, on the very top, where it says,

 

26 “MPA,” which basically is the area code, that’s

 

27 where you can start, and in this case it’s (818).

 

28 MR. NICOLA: Okay. Your Honor, I have no 8152

 

1 further questions.

 

2 THE COURT: Cross-examine?

 

3 MR. SANGER: Your Honor, I have no

 

4 questions.

 

5 THE COURT: Thank you.

 

6 Call your next witness.

 

7 MR. NICOLA: We have no other witnesses,

 

8 Judge.

 

9 THE COURT: Those are all the witnesses for

 

10 today?

 

11 MR. NICOLA: It is.

 

12 THE COURT: (To Mr. Sanger) Do you want to

 

13 go back and cross-examine? We’ve got some extra

 

14 time.

 

15 (Laughter.)

 

16 THE COURT: (To the jury) I’ll see you

 

17 tomorrow morning at 8:30.

 

18 Counsel approach for just a moment. I want

 

19 to talk to you about our schedule for a moment.

 

20 (To the jury) You can go ahead.

After the jury was dismissed for the day, Judge Melville addressed a few issues with the attorneys, including how much longer it would take for the prosecution to complete their case, and the admissibility of evidence regarding a transcript of a phone call between Janet Arvizo and Frank Cascio:

22 (Discussion held off the record at sidebar.)

 

23

 

24 (The following proceedings were held in

 

25 open court outside the presence and hearing of the

 

26 jury:)

 

27

 

28 THE COURT: All right. Let me just put this 8153

 

1 on the record. We’re going on the record.

 

2 The Court was just inquiring of counsel

 

3 about the schedule tomorrow, and there’s anticipated

 

4 to be three witnesses tomorrow. Some will be

 

5 outside the presence of the jury and some will be in

 

6 the presence of the jury.

 

7 Do you think it will be a full day tomorrow?

 

8 Or what’s your anticipation?

 

9 MR. SNEDDON: I anticipate it will not be,

 

10 Your Honor. But from there on, it will be.

 

11 THE COURT: They can’t hear you back there.

 

12 Go ahead.

 

13 MR. SNEDDON: And I anticipate it will not

 

14 be a full day tomorrow. I anticipate on Monday and

 

15 Tuesday we will complete our case, and we will go

 

16 all the way through without a break until we finish.

 

17 THE COURT: And then you now anticipate we’ll

 

18 complete the People’s case Tuesday?

 

19 MR. SNEDDON: I believe, depending on

 

20 cross-examination, but we will not have any more

 

21 breaks. We will have all our ducks in order for

 

22 those two days.

 

23 THE COURT: Then the Court was addressing

 

24 with counsel Exhibits 809-A and 810-A, which are the

 

25 transcripts for — 809-A is the transcript for the

 

26 CD tape of the phone conversation between Janet

 

27 Arvizo Jackson and Frank. And 810-A is the

 

28 transcript of the tape, CD, made during the Los 8154

 

1 Angeles Protective Services interview.

 

2 And they were previously accepted into

 

3 evidence, and the Court’s pulling them from evidence

 

4 and having them lodged as transcripts, which is the

 

5 proper procedure when you file a transcript with the

 

6 Court. Unless the parties stipulate the transcript

 

7 may go to the jury, the transcript doesn’t go to the

 

8 jury. So we’re just correcting that.

 

9 The other transcripts all were lodged

 

10 properly, and those were the only two that we found

 

11 that were taken into evidence.

 

12 MR. SNEDDON: That’s fine with us, Your

 

13 Honor.

 

14 THE COURT: Is there anything else to take

 

15 up before we recess for the day?

 

16 MR. SNEDDON: No, sir.

 

17 MR. MESEREAU: No, Your Honor.

 

18 THE COURT: All right. Court’s in recess.

 

19 (The proceedings adjourned at 1:49 p.m.)

To be continued: https://michaeljacksonvindication2.wordpress.com/2014/03/16/april-29th-2005-trial-analysis-rosibel-ferrufino-smith-craig-bonner-harry-koons-and-ian-drew-part-1-of-3/ 

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