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March 3rd, 2005 Trial Analysis: Albert Lafferty (Cross Examination) and Davellin Arvizo (Direct Examination), Part 1 of 2

May 19, 2012

Jackson’s defense attorney Robert Sanger began his cross examination by asking Lafferty about his knowledge of the allegations, and he was totally clueless about the facts behind the case:

18 CROSS-EXAMINATION

19 BY MR. SANGER:

20 Q. Is it Detective or Deputy.

21 A. At the time that this was, I was a

22 detective. I have since been reassigned and it’s

23 Deputy now.

24 Q. You prefer “Deputy”.

25 A. That’s fine.

26 Q. There you go. All right. Deputy Lafferty,

27 why don’t we just pick up where we left off – that’s

28 always a good place – and we’ll go to some of the 547

1 other areas.

2 First of all, the video that we just saw —

3 and I’m going to go back over some of the parts

4 again. But the video that we just saw, Exhibit 336,

5 was taken on the day of the search of the ranch,

6 correct.

7 A. That’s correct.

8 Q. And it was November the 18th, 2003; is that

9 correct.

10 A. That’s correct.

11 Q. Now, prior to that search, you were briefed

12 along with quite a number of other officers about

13 what was going to take place; is that correct.

14 A. That’s correct.

15 Q. And you received a briefing outline,

16 briefing memo of some sort; do you recall that.

17 A. Not all of us were given that. But teams

18 were assigned, and there was a packet given to each

19 team leader.

20 Q. Did you get a packet.

21 A. No, I did not.

22 Q. You were aware of the purpose of the search;

23 is that correct.

24 A. Yes.

25 Q. And you were aware that this arose out of

26 allegations by the Arvizo family; is that correct.

27 A. I do not know who the victim was.

28 Q. Do you recall that the allegations were with 548 

1 regard to activities that may or may not have

2 occurred in February and March of 2003; is that

3 correct.

4 A. I don’t recall.

Sanger then asks Lafferty to confirm that Jackson’s bedroom, as well as his kids’ bedrooms, had key pad combinations locks on the doors for privacy:

10 Q. When you went through the house, you saw

11 that there were bedrooms for his three children; did

12 you not.

13 A. There were three bedrooms upstairs, yes.

14 Q. And they actually had name tags on the door,

15 didn’t they.

16 A. There were tags on the doors, yes.

17 Q. Okay. And each of those bedrooms for the

18 children had a key pad to keep people from coming in

19 without a combination if the door was locked; is

20 that correct.

21 A. I do recall seeing key pads on the doors.

22 Q. And Mr. Jackson’s suite, the part that you

23 showed on the video there, where you go through the

24 double doors, had a key pad to restrict access; is

25 that correct.

26 A. I believe so, yes.

The only other notable part of Lafferty’s testimony is his confirmation of the clocks all over Neverland, which totally destroyed Janet Arvizo’s claim that she wasn’t allowed to know what time it was during her alleged imprisonment at Neverland:

25 Q. Okay. So, we’ve been over it, but that’s

26 the front door leading into the foyer. And in the

27 distance you can see an area that has — well, let’s

28 see, you have your pointer there. 562

1 A. Yes.

2 Q. Is there a big clock right in there; do you

3 recall.

4 A. The pillar directly in this area, yeah.

5 Q. That’s a big clock right there. All right.

6 Oops. I’ll point that there.

14 Q. And there’s a clock that — a large

15 decorative clock that is located right in front of

16 that train station; is that correct.

17 A. Yes.

18 Q. And I’m going to put up No. 12, which has

19 been received into evidence.

20 No. 12 is an aerial shot of that clock; is

21 that correct.

22 A. Yes, it is.

23 Q. And of course, from the air, everything

24 looks flat on the ground. You don’t really see the

25 contours of the hills and so on; is that right.

26 A. Correct.

27 Q. And, in fact, the clock itself is created on

28 about a 45-degree angle; was it not. 575

1 A. I was not in that area, so I couldn’t say.

2 Q. So you took the picture from up above.

3 A. Yes.

4 Q. And how high were you. What was your

5 elevation when you took that picture.

6 A. We were about 1200 to 1500 feet.

7 Q. Okay. So this clock would be visible from

8 thousands of feet in the area; is that right.

9 A. Yes.

10 Q. And it tells time. It’s a working clock,

11 correct.

12 A. I do not know that.

13 Q. When you — when you were on the ground

14 there, you didn’t look over and see that clock.

15 A. I did see the clock.

16 Q. So when you’re on the ground, by the house

17 and the guest units, you could look over and see

18 that clock, correct.

19 A. Yes.

20 Q. All right. And when I said “45-degree

21 angle,” I’m not trying to quibble. I don’t know. I

22 didn’t measure. Okay. But it’s not on the ground

23 flat, facing into space.

24 A. Correct. It is at an angle.

25 Q. It’s at an angle so you can see it from the

26 property.

27 A. Yes.

28 Q. Did you notice that there were a number of 576

1 other clocks that were positioned in various place

2 on this property.

3 A. The only area that I was on the property was

4 at the main residence.

5 MR. SANGER: Okay. Let me just have one

6 moment, Your Honor, please.

7 I have no further questions. Thank you.

The next witness was Gavin’s older sister Davellin, who was an 18 year old college freshman at that time. During the summer of 2003, Davellin moved out of her mother’s apartment and into her boyfriend’s mother’s apartment, and Jackson’s defense believed that this was because Davellin had a falling out with her mother Janet and disagreed with her plan to extort money from Jackson. She made exculpatory statements to Angel Vivanco, a Neverland employee with whom she maintained a sexual relationship with during and after her time at Neverland. The relationship ended in April 2003. 

Davellin admitted to him that she didn’t get along with Janet, and Janet had “something big” that she was planning against Jackson. Vivanco was subpoenaed and testified for the defense on May 16th, 2005. Before he was subpoenaed, Sneddon issued a motion titled “PLANTIFF’S SUPPLEMENTAL MOTION TO EXCLUDE HEARSAY TESTIMONY OF DEFENSE WITNESS ANGEL VIVANCO PURSUANT TO EVIDENCE CODE § 352” on May 12th to argue that Vivanco shouldn’t be allowed to testify because his testimony should be considered hearsay evidence, which is generally inadmissible in court:

 

Jackson’s attorney Robert Sanger entered a pleading titled “MR. JACKSON’S RESPONSE TO THE GOVERNMENT’S SUPPLEMENTAL MOTION TO EXCLUDE HEARSAY TESTIMONY OF DEFENSE WITNESS ANGEL VIVANCO PURSUANT TO EVIDENCE CODE SECTION §352” on May 16th, in which he argued that Vivanco should be ordered to testify, and eventually he did.

 

And here is a motion filed by Sneddon titled “PLAINTIFF’S MOTION TO EXCLUDE TESTIMONY OF PURPORTED PRIOR SEX ACTS WITH MINOR WITNESS PURSUANT TO EVIDENCE CODE §352”, which was filed despite the fact that the defense explicitly stated in the motion above in Bullet Point “N” that they would not question Vivanco about his sexual escapades with Davellin!

 

The defense also wanted to subpoena Davellin’s then current boyfriend Manuel Ramirez because they felt that Davellin had made similar statements to him as well, but Sneddon filed a motion to quash his subpoena because he was an active duty Marine.   Here is an excerpt from Zonen’s declaration about Manuel Ramirez (who did not testify in the trial), taken from the pleading titled “PLAINTIFF’S EMERCENCY MOTION TO QUASH DEFENDANT’S SUBPOENA FOR MANUEL RAMIREZ”:

 

Here is an excerpt from Robert Sanger’s declaration about Manuel Ramirez, who the defense felt had been told exculpatory statements by Davellin, and should have been called to testify, even though he didn’t know any of the facts of the case. It is included in the pleading titled “MR. JACKSON’S OPPOSITION TO THE DISTRICT ATTORNEY’S EMERCENCY MOTION TO QUASH DEFENDANT’S SUBPOENA FOR MANUEL RAMIREZ”:

 

 

Davellin’s direct testimony begins with Sneddon asking her about her background, her family, and her brother’s illness. Here is where she describes how they met Jamie Masada from the Laugh Factory comedy club, who would introduce the family to other celebrities in order to boost Gavin’s spirits.

2 Q. Now, during the — sometime in 2000, did

3 something happen with regard to one or more of your

4 brothers.

5 A. Yes. Gavin was diagnosed with cancer.

6 Q. Do you remember approximately when that was.

7 A. Before I was a freshman in high school.

8 During the summer of eighth grade.

9 Q. Now, what happened when Gavin was diagnosed

10 with cancer. Where did — did they have to take him

11 somewhere for treatment or —

12 A. Yeah, he would go to Kaiser Hospital.

13 Q. Did you ever go with him to the hospital.

14 A. I would visit him once in a while. As much

15 as I could. Because I was in school at that time,

16 too.

17 Q. At some point — at this time, the family

18 unit, your father, your mother and your brothers,

19 are still living with you; is that correct.

20 A. Yes.

21 Q. All together.

22 A. Yes.

23 Q. Now, when Gavin was in the hospital –

24 okay. – to your knowledge, did Gavin know at that

25 time a person by the name of Jamie Masada.

26 A. Yes. We already knew him before then.

27 Q. All right. Now, could you tell the ladies

28 and gentlemen of the jury how you knew Jamie Masada. 589

1 A. In the summer of 1999 we were in a comedy

2 camp.

3 Q. Okay.

4 A. At his club.

5 Q. Do you know the name of the club.

6 A. The Laugh Factory.

7 Q. And you say “we” were, who was in the camp.

8 A. Me and my brothers.

9 Q. And you met Mr. Masada at that time.

10 A. Yes.

11 Q. Did you meet any other people, comedians, at

12 that time.

13 A. Yeah. Every time we had a meeting, a new

14 star would come and just teach us little techniques

15 and stuff.

16 Q. And who were some of the people that came to

17 that camp.

18 A. Fritz. Paul Rodriguez. One of the — Shawn

19 Wayans went. George Lopez. That’s all I can

20 remember right now.

Davellin goes on to describe exactly how Gavin decided that he wanted to meet Jackson:

23 Q. Now, you told the ladies and gentlemen that

24 your brother was sick, that he had been diagnosed

25 with cancer.

26 A. Uh-huh.

27 Q. Now, did — to your knowledge, did you know

28 about any of his wishes to meet certain people while 593

1 he was in the hospital.

2 A. Yes.

3 Q. And do you recall the names of any of the

4 people that he wanted to meet.

5 A. Yes.

6 Q. Who were they.

7 A. He gave a list to Jamie Masada. It was

8 Chris Tucker, Adam Sandler, and Mr. Jackson.

9 Q. To your knowledge, did he meet those people.

10 A. He met two of them, yes.

11 Q. Which two.

12 A. Mr. Jackson and Chris Tucker.

13 Q. And were you — have you ever been with Mr.

14 Tucker.

15 A. Yes.

16 Q. On how many occasions.

17 A. Lots of occasions.

18 Q. Did he kind of become a friend of the

19 family.

20 A. Yes.

21 Q. Now, with regard to your brother and Mr.

22 Jackson, do you know of your own personal knowledge

23 whether there were any contacts — when the first

24 contacts between your brother and Mr. Jackson

25 occurred.

26 A. It was on a telephone call. He called

27 Kaiser.

28 MR. MESEREAU: Objection. Foundation; 594 

1 hearsay.

2 THE COURT: Sustained.

3 Q. BY MR. SNEDDON: Were you present when that

4 conversation occurred.

5 A. No, I wasn’t.

6 Q. So you heard about it from somebody else.

7 A. Gavin had told me when I got there later on.

8 MR. MESEREAU: Objection; hearsay.

9 THE COURT: Sustained.

10 MR. MESEREAU: Move to strike.

11 THE COURT: Stricken.

12 Q. BY MR. SNEDDON: Were you ever present at

13 your grandparents’ house when Mr. Jackson called.

14 A. Yes.

15 Q. And were you present during the

16 conversation.

17 A. No.

18 Q. But you were at the house.

19 A. Yes.

 

Sneddon asks Davellin to describe the first time she and her family went to Neverland in 2000. She describes how her brothers slept in Jackson’s bedroom the very first night:

20 Q. Was there a point in time when you and your

21 family went to Neverland Valley Ranch.

22 A. Yes.

23 Q. And do you remember approximately when that

24 was.

25 A. It was at the beginning of Gavin’s cancer,

26 so around 2000.

27 Q. Were you in school at that time.

28 A. Yes. I think so. I don’t remember. I had 595

1 either — I had to be in school, yeah.

2 Q. Do you remember who all went to the ranch.

3 A. It was me, my father, and my brothers and my

4 mom.

5 Q. And do you recall how you got to the ranch.

6 A. A limo came and picked us up.

7 Q. And where did they pick you up.

8 A. At the Soto apartment.

9 Q. Do you remember what day of the week it was

10 that they picked you up.

11 A. No.

12 Q. Now, when you got to the ranch, could you

13 tell the ladies and gentlemen of the jury, as the

14 limousine got onto the ranch and up to the main

15 residence, what happened.

16 A. We were greeted by the cooks. And then we

17 were brought into like the dining room area, like

18 it’s right in front of the kitchen area, and then

19 Mr. Jackson came and greeted us.

20 Q. Did you spend the night.

21 A. Yes, we did.

22 Q. Where did you spend the night.

23 A. In one of the guest rooms.

24 Q. And do you know where your brothers spent

25 the night.

26 MR. MESEREAU: Objection; foundation.

27 THE COURT: Sustained. Actually, I’ll allow

28 her to answer that “Yes” or “No” as part of the 596

1 foundation.

2 MR. SNEDDON: Thank you.

3 Q. Do you know — do you know where your

4 brothers stayed.

5 A. Yes.

6 Q. At least the first night.

7 A. Yes.

8 Q. Okay. Were you ever in their room.

9 A. With them. No.

10 Q. Did you go — not did you sleep there, but

11 did you ever go into their room.

12 A. No.

13 Q. Did — were your parents — do you know

14 where your parents stayed that night.

15 A. Yes.

16 Q. Did you go into your parents’ room.

17 A. Yes.

18 Q. And where did your parents stay that night.

19 A. They stayed in another guest room.

Sneddon then asks Davellin about an incident of domestic violence that took place at Neverland between her parents, and the past abuse that her father has inflicted on the family:

27 was there ever an incident that occurred between

28 your mother and your father. 598

1 A. Yes.

2 Q. Were you present.

3 A. Yes.

4 Q. Who else was present.

5 A. Star was.

6 Q. Tell us what happened. And let me ask you

7 this: Let’s go back just a second, if we can. Do

8 you remember about what time it was when you arrived

9 at Mr. Jackson’s Neverland Valley Ranch on the first

10 occasion when you arrived there.

11 A. It was daytime. I don’t know when.

12 Q. Do you remember what time it was in

13 relationship to dinner.

14 A. Oh, it was far from dinner.

15 Q. So it was in the afternoon hours.

16 A. Uh-huh.

17 Q. Did you go to school that day; do you

18 recall.

19 A. I don’t think so.

20 Q. So that — the incident that I’m about to

21 ask you to describe, did that occur on that day or

22 another day.

23 A. I think it was another day.

24 Q. Do you recall when it was in relationship to

25 when you first got there. Like was it the next day,

26 or the next day, or what.

27 A. Probably the next or a couple days after.

28 Q. What happened. 599

1 MR. MESEREAU: Objection. Hearsay; and

2 vague.

3 MR. SNEDDON: Judge, I already laid the

4 foundation that she was there and she was in the

5 room.

6 THE COURT: The objection is overruled.

7 Q. BY MR. SNEDDON: What happened.

8 A. My parents were arguing back and forth, and

9 my dad threw a soda can at my mom.

10 Q. And what happened after he threw the can at

11 her.

12 A. He ran, like walked — stormed out of the

13 room.

14 Q. And what was your mother’s reaction.

15 A. She just started crying.

16 MR. MESEREAU: Objection; hearsay.

17 THE COURT: Overruled. The answer is, “She

18 started crying.”

19 Q. BY MR. SNEDDON: Now, during the time that

20 you were living with your father and your mother and

21 your brothers at the Soto Street residence, did you

22 ever see your father strike your mother.

23 A. Yes.

24 Q. On how many occasions.

25 A. Too many to count. So many.

26 Q. Did he ever strike you.

27 A. Yes.

28 Q. How about your brothers. 600

1 A. Yes.

2 Q. On how many occasions.

3 A. Lots.

4 Q. Has your mother ever struck you.

5 A. Never.

Sneddon then asks Davellin about the alleged conversation at the dinner table where Gavin asked his parents if he could sleep in Jackson’s bedroom

6 Q. Now, when you were at the ranch — go back

7 to the ranch for just a second. You were at the

8 ranch, and you’re visiting. Do you know — were you

9 present during a conversation, at any time while you

10 were on the ranch, concerning whether or not the

11 boys would stay with Mr. Jackson in his bedroom.

12 MR. MESEREAU: Objection. Hearsay;

13 foundation.

14 MR. SNEDDON: I haven’t asked for the —

15 THE COURT: All right.

16 You may answer that “Yes” or “No.”

17 The objection is overruled.

18 THE WITNESS: What was the question again.

19 THE COURT: I’ll have the court reporter read

20 it to you.

21 MR. MESEREAU: And leading, Your Honor.

22 THE COURT: Overruled.

23 (Record read.)

24 THE WITNESS: Yes.

25 Q. BY MR. SNEDDON: And where did that

26 conversation take place.

27 A. In the main dining room.

28 Q. And who was present when the conversation 601

1 took place.

2 A. Me, my father, my brothers and Mr. Jackson.

3 Q. And what was going on at the time that it

4 took place.

5 A. We were eating.

6 Q. Who brought up the subject.

7 A. Gavin did.

8 MR. MESEREAU: Objection; hearsay.

9 THE COURT: Overruled.

10 Q. BY MR. SNEDDON: I’m sorry, I don’t think we

11 heard your answer. Who brought it up.

12 A. Gavin.

13 Q. Gavin did.

14 A. Uh-huh.

15 Q. In response to his request —

16 MR. MESEREAU: Objection. Misstates the

17 evidence; leading; hearsay.

18 MR. SNEDDON: I haven’t even finished the

19 question yet.

20 THE COURT: But I think you caught yourself.

21 MR. SNEDDON: No, I —

22 THE COURT: I’ll sustain the objection as

23 leading. It’s —

24 Q. BY MR. SNEDDON: As a result of the

25 conversation that particular night, do you know, of

26 your own personal knowledge, where your brother

27 slept.

28 A. Yes. 602

1 Q. Where.

2 MR. MESEREAU: Objection. Foundation;

3 hearsay; relevance.

4 THE COURT: Foundation; sustained.

5 Q. BY MR. SNEDDON: With regard to your — I

6 asked you of your own personal knowledge.

7 A. Yes.

8 Q. And what was that based on.

9 A. Gavin telling me — well, no —

10 MR. MESEREAU: Objection. Hearsay; move to

11 strike.

12 MR. SNEDDON: I’ll rephrase it this way,

13 Judge:

14 Q. As a result of the conversation that —

15 without telling us what was said, as a result of the

16 conversation that occurred at the dinner table, did

17 your brothers sleep in the guest room that night.

18 A. No.

In order to establish the severity of Gavin’s illness, Sneddon asks Davellin to describe the extreme measures that the family had to take to ensure that Gavin was safe and comfortable while staying at his grandmother’s house:

4 Q. During the time that your brother was

5 undergoing his treatments for cancer, was it

6 required for the family to make some adjustments in

7 the living conditions for your brother.

8 A. Yes.

9 Q. And where was he living during that time.

10 A. He was living with my grandmother.

11 Q. And could you tell the ladies and gentlemen

12 of the jury what adjustments had to be made.

13 A. They had — they had to be very, very clean;

14 no dust. It had to be very cool. He couldn’t be in

15 hot conditions or he would either go into a seizure

16 or he would pass out. He was very, very delicate.

17 Q. All right. What — were there any special

18 things that had to be purchased or changes made in

19 the room in which Gavin stayed at your grandmother

20 and grandfather’s.

21 A. Yes.

22 Q. Could you describe that to the ladies and

23 gentlemen of the jury.

24 A. In that room, the carpet was totally torn

25 out, and they put linoleum down. Because his bones,

26 they ache a lot. And then my mom bought an

27 orthopedic-type bed. And then all the walls were

28 repainted. They bought an air conditioning — like 607

1 a little unit, tore a hole through that wall, so

2 the — like the bad heat would go out through the

3 air conditioning.

4 Q. Were there any sort of little treats that

5 were bought for Gavin during this time.

6 A. Yeah, his —

7 MR. MESEREAU: Objection; leading.

8 THE COURT: Overruled.

9 You may answer.

10 THE WITNESS: Yes, because we constantly

11 wanted to make him very happy because of the things

12 that the doctors were telling us. So my mom bought

13 him a T.V., a DVD player, a stereo. That’s all I

14 remember right now.

15 Q. BY MR. SNEDDON: Now, the things that you

16 just described, what room in the house were those

17 items located.

18 A. In one of the bedrooms in my grandmother’s

19 house.

20 Q. The one that Gavin occupied.

21 A. Yes.

22 Q. And with regard to this T.V. that was in the

23 room that Gavin was in, how big was this T.V..

24 A. About 25 inches or so. Not — it was only

25 about — the screen — the screen’s only about that

26 big.

In this excerpt, Davellin describes the vehicle that Jackson gave to the Arvizo family as a gift:

17 the jury that at some point in time you had gone to

18 the ranch, Mr. Jackson’s ranch, Neverland Valley

19 Ranch. Did — to your knowledge, did Mr. Jackson

20 ever give the family any presents.

21 A. Yes.

22 Q. Now, with regard to your going to the police

23 academy, were any of those presents used in

24 connection with that.

25 A. What do you mean.

26 Q. Well, just what I said. Were there any

27 things that Mr. Jackson gave you that were used

28 in — 624

1 A. Yes.

2 Q. What.

3 A. It was a white Bronco.

4 Q. So Mr. Jackson gave you folks a car.

5 A. Yes.

6 Q. Do you remember when that was.

7 A. That was during Gavin’s cancer.

In this excerpt, Davellin describes the scene when she, Gavin, and Star went back to Neverland in 2002 to tape a scene for Bashir’s documentary.

22 Q. Okay. Let me ask you this, because that was

23 probably a bad question on my part: When you went

24 back to — to the ranch with regard to the Bashir

25 filming that you’ve described to us —

26 A. Yes.

27 Q. — do you remember when that was. What time

28 of year was that. 627

1 A. That was in November. The Bashir taping.

2 Q. Who went.

3 A. Me and my brothers.

4 Q. And how did you get there.

5 A. A limo came and picked us up.

6 Q. And when you got to the ranch, could you

7 tell the jury, what was the first thing that

8 happened after you got out of the limo.

9 A. We walked to — in the entrance, in the back

10 entrance. Then Mr. Jackson came and met us.

11 Q. All right. What part of the house were you

12 in.

13 A. In the back of — right before you get to

14 the kitchen. There’s like refrigerators and stuff

15 right there.

16 Q. Now, when you went into the house, did your

17 brothers go with you.

18 A. Yes. We all three went in at the same time.

19 Q. Could you tell the ladies and gentlemen of

20 the jury what happened when Mr. Jackson appeared.

21 A. He told me and Star — he told me and Star

22 to excuse him, that he needed to talk to Gavin for a

23 couple minutes.

24 Q. And did you see where Mr. Jackson went.

25 A. They walked into the main dining room.

26 Q. You say “they.” Who is that.

27 A. Gavin and Mr. Jackson.

28 Q. And is that an enclosed area. 628

1 A. Yeah. It has a swinging door. You can

2 close it.

3 Q. So they went on the other side of the

4 swinging door.

5 A. Yes.

6 Q. And how long were Mr. Jackson and your

7 brother gone.

8 A. About five, ten minutes.

9 Q. Now, after — after they — after that, what

10 happened.

11 A. They did the taping.

12 Q. All right. When you say “They did the

13 taping,” will you tell them what you saw. Where

14 were you.

15 A. I was standing inside the kitchen. And they

16 were sitting down in the little sitting area right

17 in front of the kitchen.

18 Q. So you could see what was going on.

19 A. Yes.

20 Q. And did you see your brother interviewed.

21 A. Yes.

22 Q. Was there another part of the time that you

23 were there that — where you were filmed.

24 A. Yes.

25 Q. And where did that occur.

26 A. Inside the kitchen.

27 Q. What was going on.

28 A. Gavin and Star were doing their little Navy 629

1 marching thing. And I was standing there talking to

2 Mr. Jackson.

3 Q. Now, when the three of you went to the ranch

4 that day, you were picked up on the limo and taken

5 to Mr. Jackson’s ranch, did you know what the

6 purpose of the trip was.

7 A. No.

8 Q. Did you discuss it with your brothers at

9 all.

10 A. No.

11 Q. Did you know there was going to be a film

12 that day.

13 A. I think I remember just — when we got

14 there, we saw — we thought it was just one of his,

15 like, personal tapings.

16 Q. What do you mean by “personal tapings”.

17 A. Well, because there had been a previous

18 video that he taped of him and Gavin and Star.

19 Q. After the filming was completed, did you

20 stay at the ranch.

21 A. Yes.

22 Q. Did your brothers, to your knowledge, stay

23 at the ranch.

24 A. Yes.

25 Q. How long did the three of you stay.

26 A. Just that night.

27 Q. And so you left the next day.

28 A. Yes. 630 

1 Q. Now, Mr. Jackson; did you see Mr. Jackson

2 after that.

3 A. After they were done with the taping, he

4 left.

5 Q. So how long, in your estimation, were you

6 there in Mr. Jackson’s house with Mr. Jackson from

7 the time that you first walked through the door to

8 the time that Mr. Jackson walked out. How long do

9 you think that was.

10 A. Half an hour, 45 minutes.

11 Q. Did your mom go with you.

12 A. No.

Next, Sneddon questions Davellin about her time with Jackson and his entourage in Miami, where she and her family travelled to on actor Chris Tucker’s private plane:

6 Q. So you got into — now, was this like a

7 commercial airline, plane.

8 A. It was a private jet.

9 Q. All right. And who got on the plane.

10 A. Me, my brothers, and my mom and Chris.

11 Q. Were there any other people on the plane.

12 A. Besides the pilot and the flight attendant,

13 no.

14 Q. So there was a flight attendant.

15 A. Yes.

16 Q. Was that a male or a female.

17 A. Female.

18 Q. Now, about what time is it when you finally

19 got to the airport.

20 A. It’s nighttime. Like early night.

21 Q. Was it light or dark.

22 A. Dark. Starting to fade.

23 Q. And you flew — how long did the flight

24 last.

25 A. Five, six hours.

26 Q. And do you know where you were when you

27 landed.

28 A. Miami. 638

1 Q. Is that the first time you’d ever been in a

2 private jet.

3 A. Well, we went to Oakland in a private jet,

4 too, when he took us to the Oakland game.

5 Q. Mr. Tucker.

6 A. Yes.

7 Q. So that’s the second time you’ve been in a

8 private jet.

9 A. Yes.

10 Q. On this particular occasion when you were

11 flying with Mr. Tucker, by this time, how long had

12 you known him.

13 A. For a while.

14 Q. Had you already been to his brother’s

15 wedding.

16 A. Yes.

17 Q. And you’d already been to his house.

18 A. Yes.

19 Q. Did you consider him a good friend.

20 A. Yes.

21 Q. Now, tell us what happened when you got to

22 Miami.

23 A. We got off the plane. We went to Chris

24 Tucker’s room for a while. We chatted. And then we

25 went to our room.

26 Q. Do you remember the name of the place that

27 you stayed at.

28 A. I just know it was a resort. 639

1 Q. Was it a nice resort.

2 A. Yes.

3 Q. Now, in relationship to where your room was,

4 where was Mr. Tucker’s room.

5 A. I don’t know. In a totally different

6 building.

7 Q. And do you remember, in terms of the

8 building that you were in with your room, on what

9 floor it was.

10 A. I don’t remember. I think it was the sixth

11 floor. I’m not sure. I don’t remember.

12 Q. It wasn’t the bottom floor.

13 A. No.

14 Q. And on — after you visited with Mr. Tucker,

15 you said you went back to your room. When you say

16 “you,” who was with you.

17 A. My mom, my brothers and me.

18 Q. Were you all in the same room.

19 A. Yes.

20 Q. Now, when you got back to your room that

21 night, what did you do.

22 A. Went to sleep.

23 Q. And then the next morning, what did you do.

24 Do you remember what time you got up.

25 A. Early afternoon. And we got up and we went

26 to go see Mr. Jackson.

27 Q. Now, when you went to see Mr. Jackson, where

28 did you go in that building. 640

1 A. One floor up.

2 Q. And where was your room in relationship to

3 his room. I mean, it’s one floor up, but do you —

4 A. Pretty much right on top of ours.

5 Q. When you got into Mr. Jackson’s room, can

6 you describe what the room looked like.

7 A. It was very big. It had a kitchen, a living

8 room, bedroom, a little dining room area. And then

9 there was another room connected.

10 Q. With regard to the bedroom, was there a door

11 that led from the open area in the living room area

12 that you described to the bedroom.

13 A. Yes.

14 Q. So you could close the door.

15 A. Yes.

16 Q. It isn’t like a regular hotel where there’s

17 just a bed there and everyone’s all in the same room

18 with the bed.

19 A. Yeah, it’s different.

20 Q. Now, when you were in Mr. Jackson’s room,

21 did you meet some people there for the first time.

22 A. Yes.

23 MR. MESEREAU: Objection; foundation.

24 THE COURT: Overruled.

25 Q. BY MR. SNEDDON: I’m sorry, I didn’t hear

26 your answer.

27 A. Yes.

28 Q. Now, when you first got there, were you 641

1 introduced to some people, you personally. Were you

2 introduced to some people.

3 A. Yes.

4 Q. Was Mr. Jackson there when you got there.

5 A. Yes.

6 Q. Did Mr. Jackson introduce you to anybody.

7 A. Yes.

8 Q. Who did Mr. Jackson introduce you to.

9 A. To Dieter and Ronald.

10 Q. Do you know Dieter’s last name.

11 A. No.

12 Q. Do you know Ronald’s last name.

13 A. No.

14 Q. Did he introduce you to anybody else.

15 A. Two younger kids that were there too.

16 Q. Just using their first names, do you know

17 the first names of those children.

18 A. Marie Nicole and Aldo.

19 Q. Now, did you at some point meet anybody who

20 was related to those two children.

21 A. Yes.

22 Q. And who was that.

23 A. Frank.

24 Q. And do you remember Frank’s last name.

25 A. Yes.

26 Q. What is it.

27 A. Tyson.

28 Q. And where was it that you met Mr. Tyson. 642

1 A. There, but I had heard of him before.

2 Q. You what.

3 A. I had never officially met him until being

4 at the resort.

5 Q. At the time that you met the people you

6 referred to as Dieter and Ronald, was Mr. Tyson in

7 the room at that time, or did he come in later.

8 A. I think he came in later.

9 Q. And who introduced you to Mr. Tyson.

10 A. I think it was just a hi to each other and

11 introduce ourselves. I don’t remember.

12 Q. Okay. Were there any other people in the —

13 in Mr. Jackson’s room other than Mr. Jackson and the

14 people you’ve just described.

15 A. When we first got there, there was the two

16 nannies and the three kids.

17 Q. Okay. Now, the two nannies. Did you ever

18 learn their names.

19 A. I just know one of their names.

20 Q. And who was that.

21 A. Grace.

22 Q. You don’t know Grace’s last name.

23 A. No.

24 Q. And you say “the three children.” Are you

25 talking about Mr. Jackson’s children.

26 A. Yes.

27 Q. And did — were they — they were in that

28 room at the time you got there. 643

1 A. Yes.

In this excerpt, Davellin describes how Jackson told everyone at their hotel room that they were not to watch the Bashir documentary when it aired that night:

4 Q. Now, on that particular evening — let me

5 strike that.

6 During the time that you were in Mr.

7 Jackson’s suite, did Mr. Jackson — can you tell us

8 whether or not Mr. Jackson ever said anything with

9 regard to any of the programs that were going to be

10 seen on the television that night.

11 A. Yes.

12 Q. All right. What did he say.

13 A. For us not to watch it.

14 Q. Watch “it”; what’s “it”.

15 A. The Bashir documentary.

16 Q. How do you know he was talking about the

17 Bashir documentary.

18 A. Because he said, “The Bashir tape.” Well —

19 yeah.

20 Q. Do you recall what his attitude was towards

21 that at the time that he said it, or his demeanor.

22 A. Kind of like upset about it; didn’t want to

23 see it.

24 Q. At any point that night — I’ve talked to

25 you about you and your brothers. At any point while

26 you were in Mr. Jackson’s room that night, did your

27 mother leave.

28 A. No. Well, yeah, at one point she did. 648

1 Q. Okay. When was that.

2 A. During the Bashir taping.

3 Q. How do you know it was during the Bashir

4 taping.

5 A. Because Mr. Jackson already had said for us

6 not to watch it.

7 Q. And then she left.

8 A. Yeah, she went downstairs to our room.

9 Q. And what happened. When your mother left,

10 did anybody else leave after that.

11 A. Well, they came and asked where she was.

12 And then I told them that she was downstairs,

13 because she had a headache. And they went down and

14 got her.

15 Q. And she came back up to the room.

16 A. Yes.

17 Q. Do you remember who it was specifically who

18 went to get her.

19 A. I think it was Frank.

20 Q. Mr. Tyson.

21 A. Yes.

Davellin then goes on to describe her “treat” that she and her family received on their final day in Miami, and their trip back to Neverland on a private plane:

15 Q. Now, on this particular day, did you get

16 some kind of a treat.

17 A. This is the last day that we were there.

18 This is the last day, we got — I got a manicure and

19 pedicure.

20 Q. And how did that come about.

21 A. Well, me and Chris Tucker and Gavin, Star,

22 went to, like, the spa area.

23 Q. You have to speak up.

24 A. Me and Mr. — Chris Tucker and my brothers,

25 we all went to the spa area.

26 Q. Okay. And you got —

27 A. I got a manicure and pedicure, and the boys

28 and Mr. Tucker got massages. 659

1 Q. Now, on this particular day, after that, did

2 you leave.

3 A. Yes.

4 Q. Where did you go.

5 A. We went to the ranch. Neverland Ranch.

6 Q. How did you get there.

7 A. On a private jet.

8 Q. And who was on the jet.

9 A. Me, my brothers, Paris and Prince, and

10 Prince the II, Mr. Jackson, Grace, another nanny,

11 Marie Nicole, Aldo, and I think Mr. Jackson’s

12 doctor.

13 Q. And was Mr. Jackson on the plane.

14 A. Yes.

15 THE COURT: Is this a good place for a break.

16 MR. SNEDDON: I want to keep going, Judge.

17 THE COURT: We’ll take our morning break.

18 (Recess taken.)

Sneddon then begins to ask additional questions about the flight back to Neverland from Miami, and Davellin allegedly saw Jackson and Gavin sharing can of Diet Coke together, and Jackson allegedly gave Gavin a watch and jacket. (Notice that these claims are included in Paragraph 666!)

25 Q. Okay. We’re going to go back now and we’re

26 going to start talking about the part of Miami where

27 you’re flying, you’re getting on a plane in Miami.

28 Okay. 663

1 A. All right.

2 Q. Now, you told us who was on the plane

3 before.

4 A. Yes.

5 Q. Now, I want to ask you something. Was there

6 an incident that occurred before you guys got on the

7 plane.

8 A. Like — incident how.

9 Q. Was your mother on the plane.

10 A. Yes.

11 Q. And was your mother supposed to be on the

12 plane.

13 A. No.

14 Q. Okay. What happened.

15 A. They didn’t want my mom to go on the flight,

16 on the same flight that we were on.

17 MR. MESEREAU: Objection; hearsay.

18 THE COURT: Sustained.

19 Q. BY MR. SNEDDON: Were you present when your

20 mom was having a discussion about who was going to

21 go on the plane.

22 A. Yeah, she was on the phone.

23 Q. She was on the phone.

24 A. Yeah.

25 Q. And who else was present.

26 A. I think my brothers were. But it was in our

27 room, but it’s when we were getting ready to leave.

28 Q. Do you know who she was on the phone with. 664

1 A. Probably —

2 Q. To your knowledge, without —

3 MR. MESEREAU: Objection.

4 Q. BY MR. SNEDDON: Not something that somebody

5 told you, but to your knowledge.

6 A. I don’t know.

7 Q. And how long did that discussion take.

8 A. They were on the phone for like ten minutes.

9 Q. And at the end of that conversation, did

10 your mom get on the plane with you.

11 A. Yes.

12 Q. Was — were any people identified to you as

13 security guards on that plane when it left.

14 A. When it left, there was no security guards

15 on the plane.

16 Q. On the plane — where — let’s just do it

17 this way: You’re on the plane. Where are you

18 seated on the plane in relationship to your brother

19 Gavin.

20 A. Right across from him.

21 Q. And who’s sitting next to you, if anyone.

22 A. Paris is.

23 Q. Paris.

24 A. Yes.

25 Q. And with regard to the defendant in this

26 case, Mr. Jackson, where is he.

27 A. He’s sitting next to Gavin.

28 Q. And is there anything in between you and 665

1 Paris and Gavin and the defendant.

2 A. We were sitting at, like, a dining room —

3 like a little table. There were, like, cupholders

4 and stuff.

5 Q. Now, during the flight, during this flight,

6 did you at any time see Gavin drinking anything.

7 A. He had a Diet Coke can.

8 Q. Do you know where he got it from.

9 A. Mr. Jackson passed it to him.

10 Q. Did you see him actually drink from the can.

11 A. Yes.

12 Q. Do you remember on how many occasions.

13 A. They were sipping it back and forth.

14 Q. Now, when they were sipping this — what

15 kind of a can was it.

16 A. A Diet Coke can.

17 Q. When they were sipping this Diet Coke can,

18 passing it back and forth, was there anything else

19 going on between your brother Gavin and the

20 defendant in this case, Mr. Jackson.

21 MR. MESEREAU: Objection; vague.

22 THE COURT: Overruled.

23 THE WITNESS: They were whispering.

24 Q. BY MR. SNEDDON: I’m sorry.

25 A. They were whispering back and forth.

26 Q. At any time during the time that they were

27 whispering back and forth, did you see Mr. Jackson

28 do anything. 666

1 A. He would pass the Diet Coke, they would

2 whisper, and then at one point Mr. Jackson took off

3 his watch and gave it to Gavin.

4 Q. Did you see Mr. Jackson do that.

5 A. Yes.

6 Q. Can you tell the ladies and gentlemen of the

7 jury, when he took the watch off and gave it to

8 Gavin, whether he said anything to him at that time.

9 A. He was whispering in his ear and then Gavin

10 put it on.

11 Q. During the course of this flight, did you

12 see Mr. Jackson give Gavin anything else.

13 A. Yes.

14 Q. What.

15 A. The jacket he had on.

16 Q. Can you describe the jacket.

17 A. It’s black and it’s sparkly on the back.

After landing, everyone on the plane immediately went straight to Neverland, and Davellin left the ranch with Jesus Salas, a Neverland employee

19 Q. BY MR. SNEDDON: Okay. During the time that

20 you got from Miami and you got to the ranch —

21 A. Yes.

22 Q. — to the time that you left with Jesus,

23 okay —

24 A. Yes.

25 Q. — where were your brothers.

26 A. They were running around with Mr. Jackson.

27 Q. Did you see much of them.

28 A. Not really. 685

1 Q. So the only person that you know on the

2 ranch was your mother.

3 A. Yes.

4 Q. And did you spend time with your mother.

5 A. Yes.

6 Q. And where did you spend time with your

7 mother.

8 A. In her room.

9 Q. And your room was next door to your mother’s

10 room.

11 A. Yes.

12 Q. So, do you have an opinion with regard to

13 how much your mother came out of her room.

14 A. Hardly never. Not really at all.

15 Q. During the time that you were there from —

16 you got back from Miami and before you left with

17 Jesus – okay. – how long was that; do you recall.

18 A. I’m sorry, repeat the question. I was

19 thinking about me and my mom in the room.

20 Q. Did I forget to ask you something about you

21 and your mom.

22 A. No, just thinking about the whole situation.

23 Can you repeat the question.

24 Q. Sure. From the time you arrived at the

25 ranch till the time you left with Jesus, okay, how

26 many days do you think that was.

27 A. I don’t remember. Close to a week or less.

28 I don’t remember. 686

1 Q. Okay.

2 A. It had been a while, though.

3 Q. Now, had — can you describe your mother’s

4 demeanor and attitude during the time that she was

5 at the ranch between the time you got there and the

6 time you left with Jesus.

7 A. She seemed kind of worried and just didn’t

8 really understand the whole situation, what was

9 really going on. And she was kind of scared.

10 Q. Now, when — when you left with Jesus, do

11 you remember what time of the night or day it was

12 that you left.

13 A. It was night.

14 Q. How do you know that.

15 A. Because it was really dark out.

16 Q. And do you remember the circumstances under

17 which you left.

18 A. Yeah, we were scared and we just —

19 MR. MESEREAU: Objection. Hearsay;

20 foundation; calls for speculation.

21 THE COURT: Overruled.

22 Q. BY MR. SNEDDON: Go ahead.

23 A. We were kind of scared and we just really

24 didn’t — the way the conversations with Dieter

25 went, they were real aggressive and just — we were

26 scared, so — of course Gavin didn’t want to leave.

27 But my mom and me, mainly my mom wanted to get us

28 out of there. 687

1 Q. All right. And then do you recall how Mr.

2 Salas — I’m sorry, how Jesus got involved in this.

3 A. My mom asked him to take us to home.

4 Q. Were you present when she did that.

5 A. Not that I remember.

6 Q. So at some point you were told what, by your

7 mom.

8 A. By my mom, that we were leaving.

9 Q. And you gathered up your stuff, I take it.

10 A. Some little things. Not really. We just

11 really wanted to get out of there.

12 Q. And then what did you do.

13 A. We left.

14 Q. And who went.

15 A. Jesus, me, my brothers and my mom.

16 Q. Now, I don’t want you to speak for anybody

17 else, okay. I want you to speak for yourself. Why

18 was it that you felt that you were scared.

19 A. Just the whole situation. The whole

20 secrecy. The — just real aggressive. I was just

21 scared. I didn’t understand what was going on and

22 why it was like this. I was just scared.

Jesus Salas took Davellin and Janet to her grandmother’s house, and then to Major Jay Jackson’s house (who was dating Janet at that time). While at Jay’s house, the Arvizo family was interviewed by Bradley Miller, a private investigator who was working for Mark Geragos. The interview was taped, and the next day someone from Neverland came to the house and picked up the Arvizos to return them to Neverland.

20 Q. BY MR. SNEDDON: Now, when you left with

21 Jesus, do you remember where you were taken.

22 A. Yes.

23 Q. Where were you taken.

24 A. To my grandmother’s house.

25 Q. And was your grandmother still living in El

26 Monte.

27 A. Yes.

28 Q. Now, after — I’m sorry. Now, after you got 691

1 to — got to El Monte, do you remember what time it

2 was.

3 A. It was night.

4 Q. Still night.

5 A. Uh-huh.

6 Q. So that night, did you spend the night there

7 with your grandparents.

8 A. Yes.

9 Q. At this point, was — to your knowledge, was

10 your mother still seeing Major Jackson.

11 A. Yes.

12 Q. And, in fact — let me put it this way: At

13 the point before you left for Miami, okay, for the

14 trip to Miami, was she still seeing Major Jackson.

15 A. Yes.

16 Q. At that point in time, was your mother

17 staying at the Soto Street address or with Major

18 Jackson.

19 A. Um —

20 Q. If you know.

21 A. At the very beginning we were still staying

22 at the Soto apartment.

23 Q. Okay.

24 A. And then would go sleep over at his house,

25 but we were still living at the Soto apartment.

26 Q. When you got back from Neverland Ranch,

27 you’re back at your grandparents’ place, all right.

28 Now, did you remain at your grandparents’ or did you 692

1 go somewhere else.

2 A. We went to Jay Jackson’s house.

3 Q. And do you remember how many days you were

4 there.

5 A. We didn’t sleep over that night.

6 Q. How about the next night.

7 A. I think that’s the day that the ladies came

8 over from — the social workers.

9 Q. Do you ever remember —

10 MR. MESEREAU: Excuse me.

11 THE COURT: She’s not speaking loud enough.

12 You need to speak up.

13 MR. SNEDDON: Okay.

14 THE COURT: Would you like the answer read

15 back.

16 MR. MESEREAU: Yes, please, Your Honor.

17 Thank you.

18 THE COURT: Please.

19 (Record read.)

20 Q. BY MR. SNEDDON: Okay. Do you remember an

21 incident at Jay Jackson’s apartment where a private

22 investigator came to the apartment.

23 A. Yes.

24 Q. Was that before or after the time you went

25 to talk to the social workers.

26 A. This was before.

27 Q. Was it before — well, was it after you left

28 the ranch with Mr. Jesus. 693

1 A. I think it was after. I don’t remember.

2 Q. Do you remember what day of the week it was.

3 A. No.

4 Q. Okay. Describe the meeting to us, if you

5 would.

6 A. Mr. Miller came in and —

7 Q. You knew his name.

8 A. Yes.

9 Q. Okay. What was it.

10 A. Mr. Bradley Miller.

11 Q. Okay. Go ahead.

12 A. Mr. Miller — we all sat on the — Jay’s

13 couch, and — me and my mom and my brothers and Jay

14 and Mr. Miller. And Mr. Miller just told us to say

15 what we thought about our father and say how we felt

16 about Mr. Jackson.

17 Q. Did — did you remain during the entire time

18 that Mr. Miller was there.

19 A. Yes.

20 Q. To your knowledge, did you ever see a

21 tape-recorder.

22 A. Yes.

23 Q. Where was the tape-recorder.

24 A. It was placed on the glass table.

25 Q. Whose tape-recorder was that.

26 A. That was Mr. Miller’s.

27 Q. And during the course of the conversations

28 between you and Mr. Miller, did he ever turn it off. 694

1 A. Yes.

2 Q. Do you remember how many times he did that.

3 A. It was several times. But he would turn it

4 off and say “Um, that’s not necessary. You don’t

5 need to talk about that. Let’s start over. I want

6 to talk about this now,” and he would restart the

7 tape.

8 MR. MESEREAU: Objection.

9 THE COURT: Just a moment. Overruled.

10 Go ahead. Overruled.

11 Q. BY MR. SNEDDON: Okay. Go ahead.

12 A. He would start to rewind it and say,

13 “That’s” — “You don’t need to say that.”

14 Q. Do you remember how long the conversation

15 with Mr. Miller lasted.

16 A. Half an hour, I think.

17 Q. Now, at some point after this tape-recorded

18 conversation with this person you knew as

19 Mr. Miller — okay. — did you go back to the ranch.

20 A. Yes.

21 Q. And who did you go back to the ranch with.

22 A. My brothers and my mom.

23 Q. And how did you get back to the ranch.

24 A. Someone came and picked us up.

25 Q. Now, do you remember the name of the person

26 who picked you up.

27 A. I don’t remember who it was.

28 Q. When you were picked up, do you remember 695 

1 where you were when you got picked up.

2 A. At Jay’s apartment.

3 Q. You’re going to have to speak up.

4 A. At Jay’s apartment.

5 Q. That’s great. Just keep it right like that.

6 Okay. At Jay’s apartment. And where did

7 you go.

8 A. To Neverland Ranch

Davellin’s direct examination will be continued in the next post in this series……Follow this link to continue to part 2: https://vindicatemj.wordpress.com/2012/05/21/march-3rd-2005-trial-analysis-albert-lafferty-cross-examination-and-davellin-arvizo-direct-examination-part-2-of-2/

4 Comments leave one →
  1. qualandar permalink
    January 6, 2013 11:30 am

    Reblogged this on Indian Lawyers Express.

    Like

  2. nannorris permalink
    May 26, 2012 7:24 pm

    Why did they do that if the defense said they wouldnt question him about that??.Were they afraid the defense would bring it up anyway to effect her credibility?
    Plus didnt she say she was with her brothers all the time when they supposedly were not with MJ?
    and Mj was barely there, so how could she have been having an intimate relationship with someone if she was always with her brothers…lies,lies and more lies from these people..
    The dist Atty had to have known this whole thing was BS before they ever walked into the courtroom.

    Like

  3. sanemjfan permalink
    May 26, 2012 5:46 pm

    I have added a new document that was filed by Sneddon to exclude the testimony of Angel Vivanco because he would testify about Davellin’s sexual activities at Neverland, and it would hurt her credibility, but the defense had ALREADY stated that they would not even question Vivanco about his sexual relationship with Davellin!

    The document is called “Plaintiff’s Motion To Exclude Testimony of Purported Prior Sex Acts With Minor Witness Pursuant To Evidence Code 352”.

    Like

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  1. March 2nd, 2005 Anne Kite (Direct & Cross Examination) and Albert Lafferty (Direct Examination), Part 2 of 2 « Vindicating Michael

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