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March 7th, 2005 Trial Analysis: Davellin Arvizo (Cross Examination) and Star Arvizo (Direct Examination), Part 1 of 3

May 25, 2012

Mesereau picked up his cross examination of Davellin Arvizo exactly where he left off the previous day: by asking her about a shopping spree that she and her brothers went on with Jackson to Toys R Us, and if she tried to seek help or complain about being there against her will:

5 THE COURT: Good morning.

6 THE JURY: (In unison) Good morning.

7 THE COURT: Mr. Mesereau.

8 MR. MESEREAU: Thank you, Your Honor.

9 Should I check this, double-check this.

10 Hello.

11 THE JURY: Hello.

12 MR. MESEREAU: All right.

13

14 CROSS-EXAMINATION (Continued)

15 Q. Miss Arvizo, you testified last week that

16 you recall a trip from Neverland with Michael

17 Jackson to a store named Toys R Us; do you remember

18 that.

19 A. Yes.

20 Q. And you testified that Mr. Jackson took you

21 and your brothers and some fans to Toys R Us, right.

22 A. Yes.

23 Q. Do you know approximately when that was.

24 A. I don’t remember when.

25 Q. And you did say that on the way Mr. Jackson

26 saw some fans and picked them up, and you all went

27 to Toys R Us together, right.

28 A. Yes. 964

1 Q. And Mr. Jackson paid for toys for everybody,

2 correct.

3 A. Yes.

4 Q. Do you recall anybody ever complaining that

5 they were being falsely imprisoned at Toys R Us.

6 A. No.

7 Q. Do you recall anybody complaining that they

8 were there against their will, at Toys R Us.

9 A. No.

Next, Mesereau catches Davellin in another lie by asking her about the deposition that she gave in the JC Penney case, which she had previously said that she knew nothing about! Davellin testified that she had forgotten about the JC Penney case until Mesereau stated the word “deposition”, which jogged her memory!

10 Q. Now, do you know what a sworn deposition is

11 in a civil case.

12 A. Kind of. Not really.

13 Q. Has anyone ever told you that a sworn

14 deposition is a procedure in a civil case where

15 somebody sits down and answers questions under oath.

16 A. Yes.

17 Q. And who told you that.

18 A. Well, I was sitting in the one that Gavin

19 took during the J.C. Penney’s case.

20 Q. And you were also sitting in the one that

21 Star gave in the J.C. Penney case, correct.

22 A. I don’t remember that. I was just sitting

23 with Gavin.

24 Q. Well, didn’t you tell the jury last week

25 that you know nothing about the J.C. Penney case.

26 A. I just remembered right now when you said

27 “deposition.”

28 Q. So you sat there in Gavin’s deposition in 965

1 the J.C. Penney case, correct.

2 A. Because he wanted me to be next to him, and

3 I held his hand.

4 Q. And your mother was there too, correct.

5 A. I don’t remember her sitting there.

6 Q. You also sat in Star’s deposition, true.

7 A. I don’t remember sitting in Star’s.

8 Q. Would it refresh your recollection if I just

9 show you the page of the deposition transcript that

10 lists you as attending.

11 A. (Nods head up and down.)

12 Q. Could I show it to you.

13 A. That’s fine. I just didn’t remember. All I

14 remember is really sitting with Gavin.

15 Q. Okay.

16 MR. MESEREAU: May I approach, Your Honor.

17 THE COURT: Yes.

18 THE WITNESS: Okay.

19 Q. BY MR. MESEREAU: Have you had a chance to

20 look at that page.

21 A. No, that was the first time.

22 Q. Well, does it refresh your recollection that

23 you were present for Star’s deposition as well.

24 A. All I remember is the taping of Gavin’s.

25 I don’t remember Star’s.

26 Q. Okay. What — my point is this: When you

27 told the jury last week you didn’t know anything

28 about the J.C. Penney case, that wasn’t correct, 966

1 right.

2 A. Well, when you said “deposition,” it

3 refreshed my memory. That was a long time ago. I

4 was, like, 11.

Here is an excerpt from her testimony on March 4th, 2005, where she told Mesereau that she had no knowledge of the JC Penney case!

26 Q. Are you aware that your mother claimed that

27 security guards at J.C. Penney sexually assaulted

28 her. 875

1 A. I wasn’t there. I don’t know anything about

2 that case. I was not involved in that case. All I

3 know is that Gavin complained of his elbow and

4 started complaining of his head, because I picked

5 him up with my grandparents. That’s all I know

6 about it.

7 Q. Have you ever discussed that case with your

8 mom.

9 A. Never.

10 Q. Never talked about it at all.

11 A. Never.

12 Q. Okay. Have you discussed that case with

13 Gavin ever.

14 A. Never.

15 Q. Okay. Do you know even what your mother was

16 claiming.

17 A. I don’t, really. I was not involved in that

18 case. I had nothing to do with that case. I don’t

19 know anything of that case.

20 Q. But when your mother filed a suit, did she

21 talk to you about it.

22 A. She didn’t, really. We didn’t really talk

23 about it.

24 Q. Okay. Okay. And Gavin never talked to you

25 about it either.

26 A. No.

27 Q. But to your knowledge, Gavin was involved in

28 that. 876

1 A. I know that Gavin, my mom, and David and my

2 mom — Gavin, Star, David and — Gavin, Star, David

3 and my mom were all involved in it. That’s all I

4 know.

5 Q. And you don’t know what they were claiming

6 happened at J.C. Penney.

7 A. I don’t know details. I don’t know

8 anything. It was too long ago and I wasn’t involved

9 in it.

10 Q. And you haven’t discussed it with anyone in

11 the last year, correct.

12 A. No.

Mesereau goes on to catch her in another lie about her denial of knowing the full extent of Gavin’s misbehavior in school. Davellin testified during the previous week that she didn’t know of any disciplinary problems that Gavin had ever had at school, yet she admitted that she was with him as he gave his deposition during the JC Penney case, during which he admitted that he had been suspended from school for fighting:

5 Q. Okay. Now, you also told the jury last week

6 you have no knowledge of Gavin having disciplinary

7 problems at school before he ever met Mr. Jackson,

8 right.

9 A. I know he talks a lot, yes.

10 Q. Well, that’s what you said, the only problem

11 you were aware of is that he was talkative, correct.

12 A. Yes.

13 Q. You also said to — you were asked by me,

14 “To your knowledge, was he ever asked to leave

15 school,” and you said you don’t know, right.

16 A. I don’t — no, I don’t remember.

17 Q. Well, you sat there in Gavin’s deposition in

18 the J.C. Penney case where he admitted that he got

19 in lots of fights and got thrown out of school,

20 right. You were sitting right there, right.

21 A. He’s never been thrown out of school.

22 Q. You heard him say it under oath, didn’t you.

23 A. I don’t remember. It was a long time ago.

24 All I remember, I was in my grandmother’s house, and

25 I was holding his hand, and they were taping the

26 deposition. That’s all I remember.

27 Q. Do you remember at the deposition Gavin was

28 asked, “Have you ever had problems at school where 967

1 you got into a lot of fights.” And he said, “Yes”.

2 MR. SNEDDON: I’m going to object as asked

3 and answered.

4 THE COURT: Sustained.

5 Q. BY MR. MESEREAU: Do you remember Gavin

6 saying he was thrown out of school for fighting.

7 MR. SNEDDON: Object; asked and answered.

8 THE COURT: Sustained.

9 Q. BY MR. MESEREAU: Are you telling the jury

10 you never heard Gavin ever make a statement like

11 that at any time.

12 MR. SNEDDON: Your Honor, I’m going to

13 object as asked and answered, and ask the Court to

14 admonish counsel. He knows better than this.

15 MR. MESEREAU: I object, Your Honor, to the

16 colloquy.

17 MR. SNEDDON: I have a right to make a

18 record. And I — I’m asking the Court — this is

19 the third objection in a row that’s been asked and

20 answered.

21 THE COURT: Sustained. You may sit down.

22 MR. SNEDDON: Thank you.

23 Q. BY MR. MESEREAU: Are you telling the jury

24 today, under oath, that you have no knowledge of

25 Gavin ever being asked to leave school before he met

26 Mr. Jackson.

27 MR. SNEDDON: Object as asked and answered.

28 THE COURT: Overruled. 968     

1 THE WITNESS: All I know is that he was very

2 talkative. I don’t remember. I’m not involved in

3 that.

4 Q. BY MR. MESEREAU: I’m sorry, excuse me. I

5 interrupted.

6 A. I’m not involved in that. My mom is.

7 Q. Have you ever discussed with Gavin his being

8 thrown out of school for fighting.

9 A. All I know is he would get in trouble, so I

10 would tell him, “Just be quiet, Gavin. You don’t

11 need to talk back.” That’s all I remember.

12 Q. Have you ever discussed with Gavin his

13 problems with fights in school before he met Mr.

14 Jackson.

15 MR. SNEDDON: I’m going to object as asked

16 and answered.

17 THE COURT: Overruled.

18 THE WITNESS: I don’t know. I don’t

19 remember.

Mesereau goes back to Davellin’s denials about talking to her family either before or after their depositions during the JC Penney case, and she once again denies ever talking to anyone about it:

20 Q. BY MR. MESEREAU: Okay. Do you remember,

21 I asked you last week if you had ever discussed the

22 J.C. Penney case with Gavin or your mom. Remember,

23 I asked you that question.

24 A. Yes.

25 Q. You said you had not discussed it with

26 either of them, right.

27 A. Yes.

28 Q. How could that be, if you attended those 969

1 depositions.

2 A. I’m not talking to them about it.

3 Q. Before.

4 A. No. I haven’t talked to them about it at

5 all. I’m just sitting there. I don’t know anything

6 about the case. I was just sitting there to comfort

7 my brother. He wanted me to be with him. I’m not

8 even paying attention to what he’s saying. I’m just

9 paying attention to how he’s looking. And that was

10 during his chemo.

11 Q. So you had never discussed the J.C. Penney

12 case with him before you attended his deposition.

13 A. No.

14 Q. And you never discussed the J.C. Penney case

15 with any of your family members before you attended

16 Star’s deposition.

17 A. Never.

18 Q. You never discussed the J.C. Penney case

19 with Gavin or your mom or Star after Gavin’s

20 deposition.

21 A. Never.

22 Q. And you never discussed the J.C. Penney case

23 with Star, your mom or Gavin after Star’s

24 deposition.

25 A. Never.

26 Q. You just kind of got there, silently

27 listened, left, and never talked to anybody about

28 it, right. 970

1 A. No.

Things are starting to get heated! Mesereau next questions Davellin on her inconsistencies in her testimony from last week, and what she originally told police investigators about the number of times that she went into Jackson’s wine cellar. Davellin claimed that she misunderstood the questions that she was asked by the police, and that is the reason for the discrepancies. She told police during her interviews in 2003 and 2004 that she had been down inside the wine cellar “many times”, but during her direct examination she said that she had only been down there “once”:

2 Q. Okay. Now, you testified last week about

3 seeing Mr. Jackson and your brothers go into the

4 wine cellar, correct.

5 A. I saw somebody going downstairs. And then

6 when I was already in the wine cellar, I knew who it

7 was.

8 Q. Was that the only time you ever saw anybody

9 go into the wine cellar.

10 A. I saw several times people go down, but I

11 never really went. I always saw, like, open —

12 people going down, but I never really followed. It

13 was just that one time.

14 Q. Just the one time.

15 A. Yes.

16 Q. And you described the —

17 THE COURT: Excuse me, Counsel. Mr. Jackson

18 needs to go to the rest room. We’ll take a break.

19 MR. OXMAN: Thank you, Your Honor.

20 (Recess taken.)

21 MR. SANGER: Your Honor, would it be useful

22 to take care of a stipulation on a technical matter

23 while Mr. Jackson’s —

24 THE COURT: I think we need to wait till he

25 comes back.

26 MR. SANGER: Okay. Very well.

27 MR. MESEREAU: May I see Mr. Jackson, Your

28 Honor. 971

1 (Brief interruption.)

2 Q. BY MR. MESEREAU: Do you recall, Miss

3 Arvizo, giving the Santa Barbara Sheriffs a detailed

4 description of the wine cellar at Neverland.

5 A. Yes.

6 Q. And what did you tell them.

7 A. I told them that I walked down the stairs,

8 and then you make a right, and there’s a room and it

9 has sleeping bags. And then there’s another room,

10 and it’s a way smaller room. And on the left-hand

11 side, there’s wine bottles on the wall. And then

12 there’s a — I think there’s a counter in the room,

13 too, and cupboards.

14 Q. Did you tell them anything about sleeping

15 bags.

16 A. Yeah.

17 Q. What did you tell them.

18 A. That after you walk down the stairs and you

19 make a right into the room, and I think there’s

20 sleeping bags on the wall. I don’t remember.

21 Q. You told them about cubbyholes with sleeping

22 bags, correct.

23 A. Yes.

24 Q. Now, you’re telling the jury today that

25 you’ve only been down there one time, correct.

26 A. Yes.

27 Q. The truth is, you’ve been down there many

28 times with your brothers without Mr. Jackson, true. 972

1 A. No.

2 Q. Do you recall being interviewed by the Santa

3 Barbara Sheriffs on August 13th, 2003, or

4 approximately that time.

5 A. Yes.

6 Q. Do you remember, you were asked when you

7 observed the wine cellar, and you said “many times”

8 during your visits to Neverland.

9 A. Well, many times I’ve seen it. But I never

10 went down there many times.

11 Q. How can you see it if you don’t go down the

12 stairs into the wine cellar.

13 A. Maybe I misunderstood the questions. But I

14 only remember going down there once and seeing it.

15 Q. Are you saying you never told the Santa

16 Barbara Sheriffs you’d been down there many times.

17 A. I don’t remember. All I remember is being

18 down there once and being able to see everything.

19 I don’t —

20 Q. Did you ever learn that your brothers had

21 been caught down there without Mr. Jackson, having

22 broken into the cellar and drinking.

23 A. I don’t remember that.

24 MR. SNEDDON: Object. It also — excuse me.

25 Calls for — assumes facts not in evidence.

26 THE COURT: Sustained.

 

Here is what Davellin told Sneddon during his direct examination on March 3rd, 2005:

5 Q. During the time that you were staying at

6 Neverland Ranch, did you ever see your brothers

7 drink.

8 A. Yes.

9 Q. On how many occasions.

10 A. Once.

11 Q. Could you tell the ladies and gentlemen of

12 the jury, where was that when you saw it.

13 A. It was in the arcade. It was — if you move

14 a jukebox out of the way, it leads into a staircase.

15 You go down the staircase, you make a right, there’s

16 another room and it has like sleeping bags and

17 stuff. And you go into a little tiny room that’s —

18 if you go into that room, make a right, there’s a

19 little tiny room and then that’s the wine cellar.

20 Q. Okay.

21 A. That’s where Mr. Jackson, my brothers and

22 Aldo were.

22 Q. And I think what I asked you was, did you

23 ever see your brothers drink at the ranch.

24 A. Yes.

25 Q. On how many occasions.

26 A. Once.

27 Q. And where.

28 A. It was in the wine cellar under the arcade. 722

1 Q. And who else was present at that time.

2 A. Mr. Jackson, Gavin, Star and Aldo.

3 Q. And what was going on when you — did you

4 walk down there with them, or did you join them

5 there.

6 A. No, I had always seen people walking down

7 there and they would come up with cups. But I never

8 knew what was really down there until one time I

9 walked in, and I just followed them when they were

10 going down.

11 Q. And this is the one time you’re talking

12 about.

13 A. Yeah.

Mesereau catches Davellin in another lie by asking her about details from her testimony, during which she stated that she and her brothers were always together at Neverland, when she originally said during direct examination that her brothers would leave her alone when she was at Neverland!

27 Q. BY MR. MESEREAU: Now, you’re aware that

28 alcohol is kept in the kitchen area, correct. 973

1 A. I don’t know.

2 Q. Did you ever tell the police there’s a

3 glass-like closure on a refrigerator that has

4 alcoholic beverages in the kitchen area.

5 A. I know behind, like, a glass cupboard

6 there’s some — I don’t know.

7 Q. Did you ever see any alcoholic beverages in

8 that refrigerator area.

9 A. I don’t know. I don’t remember.

10 Q. Well, you’ve been in that area many times,

11 correct, with your brothers, right.

12 A. When I would go to eat myself, yes.

13 Q. And typically when would you go to eat by

14 yourself.

15 A. In the afternoon.

16 Q. And when you went by yourself, were you

17 easily able to get in the main house.

18 A. Yes.

19 Q. How did you get in the main house.

20 A. I would either ring for somebody to come, or

21 if I remembered the code to get into the main house.

22 Q. And how did you get the code.

23 A. One of the security guards gave it to me.

24 Q. And did you have any other codes.

25 A. No. That was the only one I had.

26 Q. Your brothers had codes, didn’t they.

27 A. Yes.

28 Q. They had codes to the wine cellar, didn’t 974

1 they.

2 A. I don’t remember that.

3 Q. They had codes to Mr. Jackson’s room, didn’t

4 they.

5 A. I didn’t know they had that one.

6 Q. And they went up to the room without Mr.

7 Jackson present, correct.

8 A. Anytime Mr. Jackson wasn’t on the ranch,

9 they were with me.

10 Q. That’s not what you said last week, is it.

11 Last week you said that when your brothers were on

12 the ranch, they always left you alone, correct.

13 A. No. When Mr. Jackson wasn’t on the ranch,

14 they were with me.

15 Q. Well, you had knowledge that your brothers

16 were going into the main house when Mr. Jackson

17 wasn’t even there, correct.

18 A. When Mr. Jackson wasn’t there, they were

19 with me. There was no reason for us to be apart if

20 Mr. Jackson wasn’t there.

21 Q. Well, you — correct me if I’m wrong, didn’t

22 you tell the jury last week, “When I would visit

23 Neverland, my brothers would go off and, for the

24 most part, leave me alone”. Did you say that.

25 A. If Mr. Jackson was there, yes, I said that

26 last week.

27 Q. So you’re — now you’re saying whenever

28 Mr. Jackson wasn’t there, all three of you hung 975

1 around together; is that right.

2 A. Yes.

3 Q. Did you go into the main house together when

4 Mr. Jackson wasn’t there.

5 A. Yes. To go eat and watch T.V., yeah.

6 Q. And how many times do you think you did that

7 when Mr. Jackson wasn’t there.

8 A. I don’t know.

9 Q. Many times, correct.

10 A. Well, they’re growing boys. They wanted to

11 eat a lot, I guess.

Mesereau then began to ask Davellin about the statements that she made to Bradley Miller during her family’s interview with him on February 16th, 2003. Specifically, he wanted Davellin to confirm that her mother Janet encouraged Star and Gavin to spend time with Jackson in the main house at Neverland, as well as statements that she made about Jackson being a “father figure” to her:

17 Q. Now, at this recorded interview by Brad

18 Miller that we just heard of February 16th, 2003,

19 Major Jay Jackson is sitting there listening to it,

20 right.

21 A. He’s sitting there, yes.

22 Q. And it’s in his home, right.

23 A. Yes.

24 Q. And you’re saying that after this interview,

25 Jay Jackson went to a lawyer with the family.

26 A. I don’t remember when we went, but it wasn’t

27 during then.

28 Q. And the interview with the three social 990

1 workers was at Jay Jackson’s home also, right.

2 A. Yes.

3 Q. And was Jay Jackson there that day.

4 A. No, he wasn’t.

5 Q. How many times did you meet with Attorney

6 Larry Feldman.

7 A. Once.

8 Q. And at some point, he agreed to represent

9 the whole family, true.

10 A. I don’t know that.

11 Q. Well, you knew that he had sued Michael

12 Jackson in the early ‘90s, true.

13 A. I didn’t know who he was. I just —

14 Q. Never discussed it with your mom.

15 A. Never.

16 Q. All right. Will you agree that shortly

17 after this recorded interview of February 16th,

18 2003, your family began meeting with lawyers.

19 A. No. It wasn’t shortly after then, no.

20 Q. How long after it was it.

21 A. I don’t know. But it was way after.

22 Q. Way after. Like how long; do you think.

23 A. After March. I don’t know.

24 Q. Okay. But you met with Dickerman —

25 A. Once.

26 Q. — on Sunset.

27 A. I didn’t meet with him. I just saw him

28 there. 991

1 Q. Okay. Okay. And you think that was after

2 you left the Calabasas Inn, right.

3 A. I’m not sure.

4 Q. Okay. Okay. Now, you’d agree that in this

5 recorded interview with Brad Miller, and in the

6 rebuttal videotape that was shown last week, and in

7 your interviews with the social workers, your mother

8 continually praised Michael Jackson as a father

9 figure, right.

10 A. Yes.

11 Q. And you continually praised Michael Jackson

12 as a father figure, right.

13 A. I was just really copying, because I didn’t

14 know what to say. I was just latching onto

15 something because David was never really a father.

16 So I was just latching on something to call a

17 father. I didn’t know what a father is.

18 Q. Did you ever discuss with your mother,

19 “We’re going to call Michael Jackson a father

20 figure”.

21 A. No.

22 Q. Never did.

23 A. No. It’s the boys that brought it up.

24 Q. Okay. Well, certainly your mother praises

25 him in all of these interviews as being a father to

26 her children, true.

27 A. I guess seeing the boys so excited, you

28 know, anything that makes us happy, she — I don’t 992 

1 know. She gets it from us.

2 Q. You were sitting in this interview when your

3 mother said, essentially, she liked the boys to be

4 with Michael Jackson at night because they’re safe,

5 right.

6 A. I think she was just talking about the times

7 that Gavin would go to Neverland with Gavin and we

8 don’t know what happened.

9 Q. But your mother was encouraging your

10 brothers to go into the main house and be with

11 Michael Jackson, right.

12 A. You would have to ask her that. But I

13 would — she never encouraged it. It was the boys

14 wanted to be there.

15 Q. Well, doesn’t she say that in that recorded

16 interview.

17 A. If it makes him happy, she’s going to push

18 it. She loves for us to be happy. Anything that

19 makes us happy, she’s going to say, “Go ahead, go.”

20 Q. But isn’t it true that, as far as you know,

21 she pushed your brothers to be in the main house

22 with Michael Jackson shortly before she went to a

23 lawyer to try and develop a lawsuit against him,

24 right.

25 A. What are you asking me. Like —

26 Q. If you know an answer to what I just said.

27 Do you have any —

28 MR. SNEDDON: I’m going to object as 993

1 argumentative.

2 THE COURT: She’s asked you to rephrase the

3 question.

4 MR. MESEREAU: Okay. Okay.

5 Q. As far as you know, your mother was

6 encouraging your brothers to be in Michael Jackson’s

7 house at night shortly before she went to a lawyer

8 to try and develop a lawsuit against Michael

9 Jackson, right.

10 MR. SNEDDON: I’m going to object to that

11 question as argumentative and assumes facts not in

12 evidence. It’s also compound.

13 THE COURT: Sustained on compound.

14 Q. BY MR. MESEREAU: You would agree, you heard

15 your mother on many occasions encourage your

16 brothers to go into the main house and spend time

17 with Michael Jackson in the evening, right.

18 A. She wouldn’t encourage them. She’d just see

19 them happy. She wouldn’t push them to go do it.

20 She just — they would go.

21 Q. You heard your mother —

22 A. I heard it, but I’m telling you what I know.

23 Q. Okay. She would encourage your brothers to

24 spend time with Michael Jackson at night because she

25 wanted Michael to be the father figure in the

26 family, right.

27 A. She never encouraged it. It’s whatever the

28 boys want, whatever makes them happy, she’s going to 994

1 let them do.

2 Q. Now, you said in the interview with Brad

3 Miller, referring to Michael Jackson, “He’s a bigger

4 father to all of us. He’s given us safety. He’s

5 given us love. He’s given us everything we’ve ever

6 wanted. He’s been our father figure. He’s the only

7 thing we know to be a father.” You said that,

8 right.

9 A. Yes.

10 Q. And you meant it when you said it, didn’t

11 you.

12 A. At that point, I still liked Mr. Jackson.

13 And that was the point that David had left and —

14 I don’t know, I was just latching onto something,

15 because I don’t know what a description of a father

16 is. I had 16 years of just abuse. I don’t know

17 what it is. I just latched onto something.

18 Q. Do you want to take a minute.

19 A. I’m fine.

20 THE COURT: I think it’s time for the morning

21 break now.

22 MR. MESEREAU: Okay.

23 (Recess taken.)

After the court ordered recess, Mesereau continues where he left off by asking Davellin about an incident that occurred on October 1st, 2001, where Janet called the police on David, and told them that Jackson, Kobe Bryant, and meteorologist Fritz Coleman would “assist her” with that incident:

16 Q. Okay. Now, your mother says, “We’ve been

17 rejected, neglected, spit on, fried, tried, burned,

18 abused, the doors shut in our face, opportunities

19 lost. And Michael said — took us from way behind

20 in the line and pulled us up to the front and said,

21 ‘You matter to me. You may not matter to many

22 people, but you matter to me and that’s what’s

23 important.’”

24 Do you know what she was referring to when

25 she talked about your family being rejected,

26 neglected, spit on, fried, et cetera.

27 A. I don’t know. I guess emotions from David.

28 I don’t know. 1003

1 Q. Okay. You were present with your mom when

2 she reported David to the Los Angeles Police

3 Department, right.

4 A. Which time.

5 Q. Well, there was October — excuse me,

6 October 1st, 2001, do you remember that.

7 A. The one that I asked her to call the police,

8 I was present for that one. But the one that — the

9 first one, I don’t — I wasn’t there.

10 Q. Were you present when your mother told the

11 Los Angeles Police Department that Michael Jackson,

12 Fritz Coleman and Kobe Bryant would assist her with

13 this incident.

14 A. I don’t remember that.

15 Q. Okay. Were you present with her on

16 October 4th, 2001, when she called the Los Angeles

17 Police Department about your father.

18 A. I don’t know the dates, but I was only

19 present after I told her what had happened with me

20 and my father. Then she called the police. The

21 other one — any other incident I was not present.

22 Q. Were you present when she told the police

23 officer from Los Angeles that she wanted to show him

24 a videotape and numerous photos of she and her

25 children spending time with various celebrities.

26 A. I don’t remember that.

27 Q. Okay. Do you recall your mother said on the

28 Brad Miller interview that Michael Jackson prayed 1004

1 with the family.

2 A. Yes, I heard it.

3 Q. That happened one time in the theater,

4 didn’t it.

5 A. No.

6 Q. You don’t remember that.

7 A. No.

8 Q. Do you remember the family praying with

9 Michael Jackson.

10 A. Not really.

11 Q. Okay. Do you think maybe your mother and

12 Michael and the brothers did it without you.

13 A. I don’t believe so.

14 Q. Is that possible.

15 A. My mom prays like every couple of seconds,

16 like little prayers, so —

17 Q. Okay.

Mesereau finished up his cross-examination by asking Davellin about her meeting with Stan Katz, and if she was truthful throughout her testimony:

17 Q. Okay. Now, you discussed the Bashir tape

18 with Attorney Larry Feldman, didn’t you.

19 A. I don’t remember what we discussed.

20 Q. Well, didn’t your family approach him and

21 talk about the Bashir tape.

22 A. All I remember — we had a meeting that day.

23 I don’t remember. It was too long ago.

24 Q. Did you ever drink alcohol on a plane where

25 Michael Jackson was present.

26 A. I didn’t drink alcohol on a plane.

27 Q. Thank you.

28 Do you recall meeting with a psychologist 1005

1 named Stan Katz.

2 A. I remember meeting Mr. Katz.

3 Q. And you were referred to him by Attorney

4 Larry Feldman, right.

5 A. All I know is we went that day.

6 Q. And to your knowledge, Mr. Katz has a

7 business relationship with Attorney Larry Feldman,

8 right.

9 A. I don’t know.

10 Q. Okay. One final question: Have you told

11 the truth throughout your testimony.

12 A. Yes.

13 MR. MESEREAU: Thank you.

14 THE COURT: Mr. Sneddon.

15 MR. SNEDDON: Be right there, Your Honor.

16 Just wanted to make arrangements to have the

17 next witness brought down, Your Honor.

Sneddon chose to have a redirect examination of Davellin, and he asked her to describe why she wanted her mother to call the police on her father, who her mother really credited for Gavin’s recovery, and why she lied to the social workers during their interview with the family:

19 REDIRECT EXAMINATION

20 BY MR. SNEDDON:

21 Q. All right. Miss Arvizo, first of all, I’d

22 like to direct your attention to the time that you

23 were in the car with Vinnie and your brother outside

24 The Laugh Factory. Okay.

25 A. Yes.

26 Q. At some point in time you were given a

27 message by Vinnie and sent inside, correct.

28 A. Yes. 1006

1 Q. What was the message that he gave you to

2 give to your mother.

3 A. To tell my mom to hurry up, because we

4 needed to go.

5 Q. Is that what you did.

6 A. Yes, I went and got her. Or I went and told

7 her. She came out after me.

8 Q. After you gave the message, did you stick

9 around at all.

10 A. No, I went.

11 Q. Now, you told the jury that there was this

12 incident which led to your request to have your

13 mother call the police —

14 A. Yes.

15 Q. — involving you and your father.

16 A. Yes.

17 Q. What happened.

18 A. It was before school. I was walking to

19 McDonald’s to go get something to eat. And my

20 father was parked in the parking lot at McDonald’s

21 across from my high school, and he started waving at

22 me, and to — going like this, to “come here.” And

23 I just kept trying to go and I didn’t want to, but I

24 was too scared of him. And I walked over, and he

25 told me to get in the car.

26 Q. So did you do that.

27 A. Yes.

28 Q. What happened when you got in the car. 1007

1 A. He locked the doors, and then he was just

2 telling me, “What are you guys doing.” And he just

3 started being mean to me. And I just, “Yes, Daddy.

4 Yes, Daddy. I’m sorry, I’m sorry.”

5 Q. Did you try to leave. Did you tell him you

6 wanted to leave.

7 A. I told him I had to leave. It was already,

8 like, during my first period. I had to leave. And

9 he just wouldn’t let me go. He said, “No, I need to

10 talk to you,” and he would grab my arm, and I didn’t

11 know — I was just really scared. I didn’t — I

12 didn’t know what to do.

13 Q. It’s okay. It’s okay.

14 During the time that you were in the car

15 with your father and he wouldn’t let you go, did he

16 ever molest you at that time.

17 A. No.

18 Q. Now, you’ve heard Mr. Mesereau use the word

19 “terrorist threats.” Do you remember him saying

20 that.

21 A. Yes.

22 Q. Did you ever use those words to the police

23 officer.

24 A. No.

25 Q. Do you even know what that means.

26 A. All I know is the word “threats,” so I’m

27 just putting two and two together, like threatening

28 threats. I don’t know. 1008

1 Q. But you never used the word “terrorist”.

2 A. No.

3 Q. Now, you told the ladies and gentlemen of

4 the jury there was a time when you attempted to talk

5 to Carol Lamir about your father’s abusive behavior

6 towards the family.

7 A. Yes.

8 Q. Do you remember that.

9 A. Yes.

10 Q. And you indicated, I believe, that she

11 didn’t want to listen to it.

12 A. She didn’t want to listen to it. She always

13 seemed like she had kind of a — I don’t know, a

14 crush on my father, because my father would go cook

15 for her and stuff.

16 Q. I just have a couple more questions.

17 Before your family went to Miami to be with

18 the defendant in this case, Mr. Jackson – okay. –

19 before that time, your brother Gavin had already

20 been in remission.

21 A. Yes.

22 Q. For some time.

23 A. Yes.

24 Q. And did you ever hear your mother express

25 her belief as to who was responsible for that

26 remission.

27 A. Yes.

28 Q. Who. 1009

1 A. God. And only God.

2 Q. You never heard her mention Michael Jackson.

3 A. No.

4 Q. With regard to the — going back to the

5 incident with your father in the car, okay.

6 A. Okay.

7 Q. The one at school. I just — my colleagues

8 want me to ask you a question, so I’ll do it.

9 A. Okay.

10 Q. You said that you didn’t know the word

11 “terrorist,” but you knew the word “threats”.

12 A. Yes.

13 Q. Did you — in your conversations with police

14 officers in describing what happened, did you use

15 the word “threats”.

16 A. No, I just told them what he had told me.

17 Q. And what did he tell you.

18 A. That we better not say anything about what

19 happened, because he could have us killed.

20 Q. Do you know what the term “false

21 imprisonment” means.

22 A. Not really.

23 Q. Did you describe to the police officers what

24 happened.

25 A. Yes.

26 Q. And what words did you use to describe what

27 happened with regard to your ability to leave the

28 car. 1010

1 A. I told him he locked it, and that anytime I

2 really tried to leave, he would grab my arm and tell

3 me “No.”

4 Q. Now, lastly, with regard to the questions

5 that you were asked by Mr. Mesereau, and you were

6 candid with the jury and told them that there were

7 statements that you made to the social workers which

8 were not true, do you recall that.

9 A. Yes.

10 MR. MESEREAU: Objection; leading.

11 MR. SNEDDON: Foundational, Your Honor.

12 THE COURT: Overruled.

13 You may — go ahead.

14 Q. BY MR. SNEDDON: With regard to those

15 particular questions that you answered to Mr.

16 Mesereau that you had lied, why did you lie.

17 A. I don’t know. I just — I kind of still

18 liked Mr. Jackson, and I didn’t want him to get in

19 trouble. And I know I was scared because the

20 bodyguard was there before. And just mixed

21 feelings. I didn’t know, really. I was just….

22 MR. SNEDDON: All right. I have nothing

23 further, Your Honor. Thank you.

24 THE COURT: Mr. Mesereau.

25 MR. MESEREAU: Just briefly.

Mesereau briefly recross-examined Davellin to ask her what was the purpose of their interview with the social workers:

1 RECROSS-EXAMINATION

2 BY MR. MESEREAU:

3 Q. Ms. Arvizo, when the three social workers

4 came to Jay Jackson’s house and interviewed you,

5 they were asking you questions about your mother,

6 correct.

7 A. No.

8 Q. They were investigating whether your mother

9 was fit, true.

10 A. I really don’t remember what they were

11 investigating. I didn’t know what they were

12 investigating.

13 Q. Well, it wasn’t really just Mr. Jackson that

14 they were asking questions about, right.

15 A. I don’t remember.

16 MR. MESEREAU: Okay. No further questions,

17 Your Honor.

18 MR. SNEDDON: Nothing further, Your Honor.

19 THE COURT: All right. Thank you. You may

20 step down.

21 MR. SNEDDON: May I have just a moment, Your

22 Honor.

23 MR. MESEREAU: She’s subject to re-call,

24 Your Honor.

25 THE COURT: Yes, I didn’t excuse her.

26 MR. MESEREAU: Oh. Thank you.

27 MR. SNEDDON: Call Star Arvizo.

28 THE COURT: He called him. 1012

Summary of Davellin Arvizo’s testimony:

1. Davellin and her family met Jamie Masada, the owner of the Laugh Factory comedy club, in the year 1999 while attending a summer camp for disadvantaged children.

2. Gavin was diagnosed with cancer in 2000, and while in the hospital he requested to meet several celebrities, including Michael Jackson. Jackson then began to call Gavin on a regular basis to boost his morale, and invited the family to Neverland later that year in August. Davellin and her parents slept in the guest rooms.

3. On their very first day at Neverland, before they ate dinner that evening, Janet and David Arvizo had an argument, and David threw a soda can at Janet, stormed out of the room, and left Janet crying with Davellin and Star. There was an extensive history of physical and verbal abuse between both parents, and from the parents to the children.

4. After being away from Neverland throughout 2001, Davellin, Star, and Gavin were invited back there by Jackson in September 2002 to film a scene for Bashir’s documentary. Davellin had no advanced knowledge of the purpose of the trip. After the taping, the Arvizo children stayed overnight at the ranch and were driven home the next day. They did not see Jackson again after the taping until they were flown to Miami, Florida with Chris Tucker in February 2003.

5. When the Arvizo family arrived in Miami, they met Jackson’s entourage for the very first time (Frank, Marie Nichole, and Aldo Cascio, Dieter Wiesner, Ronald Konitzer, Nanny Grace, another nanny, Prince and Paris Jackson).  Jackson did not allow anyone to watch the airing of the Bashir documentary, which premiered on ABC that night for the first time.

6. The next day, before leaving Miami, Chris Tucker treated Star and Gavin to a massage, and Davelline received a manicure and pedicure. They flew back on a chartered plane to Neverland, and Davellin testified that Gavin, Star, Janet, Michael Jackson & his children, Nanny Grace, another nanny, Marie Nichole, Aldo, and Jackson’s doctor were on the flight.

7. Davellin testified that Gavin sat next to Jackson, and she saw them sharing and drinking a can of soda, and that Jackson had given Gavin an expensive watch and a jacket. (This particular testimony was from paragraph 666 of the trial!) Later on during the trial, flight attendant Cynthia Bell testified that Davellin presented her with a fake ID, and she served Davellin alcohol because she believed that Davellin was 21 years old.

8. Within a week of arriving at Neverland, Davellin and Janet were taken to their grandmother’s home, and then to Major Jay Jackson’s home by ranch manager Jesus Salas because they claimed that there were “afraid”.

9. While at Jay Jackson’s home, the Arvizos were interviewed by Bradly Miller, a private investigator for Mark Geragos, who taped the interview. After the half-hour interview was completed, they were picked up and returned to Neverland. Davellin testified that upon her family’s return to Neverland, they were told by Frank Cascio that there were people making threats against them, and they needed to stay at Neverland.

10. For the filming of the rebuttal video on February 20th, 2003, Davellin claimed that she had lost her sense of friendship for Jackson, and she only cried during the video because of how her brother was teased at school after the documentary aired, and not because of her appreciation for Jackson’s help. The rest of the other statements made by her and her family were scripted by Dieter Weisner, according to Davellin.

11. Later in the morning, the Arvizo family were interviewed by the DCFS at Jay Jackson’s home. They were driven there by Vinnie Amen. Azja Pryor and her young son Dustin were there, as well as one of Jackson’s bodyguards. After the interview was over, Azja brought Davellin, Gavin and Star back to Neverland, and Janet stayed at Jay’s apartment.

12.  After their return to Neverland, Davellin claimed that she saw her brothers drinking in the wine cellar with Jackson and Aldo Cascio. Davellin testified that she followed them down into the cellar and observed Jackson pouring alcohol into cups and everyone was drinking, and she was also offered a cup of wine by Jackson, and she drunk it. This was the only time Davellin claimed to have drunk alcohol at Neverland.

13. Davellin described an incident where she walked into Jackson’s bedroom and noticed her brothers were in there, and there were empty bottles of alcohol on the nightstand and on the desk.

14. Davellin testified that after going on a shopping trip to buy clothes and luggage for their trip to Brazil, Vinnie dropped her family at the Laugh Factory, where Janet and Gavin went inside to meet with Jamie Masada and William Dickerman for 30 minutes. 

15. Davellin testified that she was told by her mother that Gavin had to take a urine sample to a doctor’s appointment during their stay at Neverland, and Vinnie took Janet and Gavin to the appointment.  Davellin also testified that she saw Gavin pass the bottle of urine to Janet before they left Neverland to go to the appointment.  Later that day, Vinnie and Gavin returned to Neverland, but Janet was taken to her parent’s home.

16. Janet then called Davellin and told her to pack their clothes, and after she had packed Gavin’s clothes into a suitcase, she claimed to have been told by Frank Cascio that she should just leave Gavin’s clothes at Neverland. They were then driven to Davellin’s grandparent’s home to be with Janet.

17. Prior to the end of her direct examination, Davellin testified that she saw changes in Gavin’s behavior while she was at Neverland, and after the family left. She claimed that he was once an affectionate person, but withdrew from people after he left Neverland. She also claimed that Jackson was constantly hugging and kissing Gavin, and she once saw Gavin laying on Jackson’s arm while they were in his bedroom, and Jackson was kissing him all over his head.

18. Under cross-examination, Davellin admitted that she told the grand jury that all of the nice things she said to the DCFS social workers about Jackson was true because that’s how she really felt about him at that time, but when asked why she said under cross-examination that she didn’t know why she said those nice things to the DCFS, Davellin said that she “remembered later on” what she really meant to say.

18. On June  26th, 2003, Davellin went to the Kaiser Permanente Hospital to get treatment for headaches after meeting with attorney Larry Feldman, and she was ordered by Feldman not to discuss her family situation.  Davellin claimed that she couldn’t disclose her family situation because she was afraid of her father David. Mesereau asked Davellin if her mother Janet accompanied her to the hospital, and Davellin denied it and said her grandmother went with her, but when Mesereau showed her a copy of the medical report that stated that Janet was indeed with her, Davellin said that she was young at the time, and she would always refer to her grandmother as “mother”.

19. When questioned about the $20k dollars that was given to her family by Louise Palanker and spent on electronics and luxury items instead of the paying the builders who renovated Gavin’s room, Davellin denied all knowledge and put the blame on her father David.

20. Davellin denied ever seeing or knowing of her mother Janet asking anyone for money, and when questioned by Mesereau about why Janet said that “Nobody would help us!” on the rebuttal tape, Davellin testified that she was acting for the camera in order to please Dieter Weisner.

21. When asked by Mesereau about statements that she made to the DCFS social workers about taking a girlfriend with her to Neverland, and that her mother Janet had never neglected her before, Davellin admitted that they were both lies. She also refused to glance through the transcript of the DCFS interview because “she didn’t write the transcript”. Later on in her testimony, Davellin admitted that she lied about certain things during the DCFS interview.

22. Davellin denied having any knowledge of Janet’s solicitations for money from an ad placed in a local newspaper, and subsequently complaining that the ad didn’t include her bank account.

23. Davellin denied telling family acquaintance Carol Lamir about how abusive her parents were to her and to each other, about how the family was going to get a house in the Hollywood Hills, and other tales, which is a direct contradiction to Lamir’s interview with Mesereau’s private investigator Scott Ross on November 12th, 2004, which can be read in this defense pleading on pages 7-11.  

24. In the 1990’s, Janet called the police, and Davellin reported to them that her father David had made terrorist threats, had falsely imprisoned her, and had molested her. Davellin claimed that she didn’t know that she had been molested until mother told her about it, and her father agreed that he had done it! However, this story is contradicted by what Davellin told family acquaintance Carol Lemere in 2000; she stated that Janet made her tell others that she had been molested by David, even though this wasn’t true. You can read Carol’s statement on page 27 of this document.

25. When questioned about the alcohol that she allegedly saw Jackson pouring wine into a bottle in his wine cellar with her brothers, and why she didn’t tell police investigators about this important detail in 2003 and 2004, Davellin exclaimed it’s because the police never asked her if Jackson poured the wine, and that “I didn’t know I had to say every little detail. I was young back then. I didn’t know that I had to say every little detail for it to be right. Different things come up.”  

26. Davellin testified that when she and her family were taken to get passports for their trip to Brazil, they didn’t try to seek help and escape their “imprisonment” because Jackson’s people were “that scary”.

27. Davellin described an incident where Gavin shot both her and Janet Arvizo with a BB gun after they returned home from Neverland. She testified under cross-examination that Gavin was a much more aggressive person after he returned from Neverland, yet under Sneddon’s direct examination she asserted that Gavin had become more anti-social and withdrawn ever since his final departure from Neverland.

28. Davellin initially testified that she remembered nothing from the JC Penney case, but when she was asked by Mesereau about giving a deposition in that case, it all of a sudden jogged her memory. She claimed that she could remember being present for Gavin’s deposition, but not Star’s, even though Mesereau presented her with a transcript of Star’s deposition.

29. Mesereau caught Davellin in another lie when she denied knowing the full extent of Gavin’s misbehavior in school. Davellin initially testified she didn’t know of any disciplinary problems that Gavin had ever had at school, yet she later admitted that she was with him as he gave his deposition during the JC Penney case, during which he admitted that he had been suspended from school for fighting.

30. Davellin initially told police in 2003  that she had only been in Jackson’s wine cellar once (during which she allegedly saw Jackson pouring alcohol and offering it to Gavin and Star), but under direct examination by Sneddon she claimed that she had been down there many times! When she was challenged by Mesereau to explain this discrepancy, Davellin stated that she “misunderstood” the questions given to her by police.

31. During her direct examination, Davellin testified that her brothers always left her alone when they were at Neverland, as they would venture off into other areas by themselves, but under cross-examination, Davellin testified that anytime Jackson was away, her brothers were with her.

32. Mesereau finished his initial cross-examination of Davellin by asking her if she had told the truth throughout her testimony, and Davellin answered “yes”. Yeah, whatever.

Next up is the direct examination of Star Arvizo! Here’s the link: https://vindicatemj.wordpress.com/2012/05/29/march-7th-2005-trial-analysis-davellin-arvizo-cross-examination-and-star-arvizo-direct-examination-part-2-of-3/ 

 

16 Comments leave one →
  1. sanemjfan permalink
    May 29, 2012 11:40 pm

    Guys, I updated Bullet Point #24 with new info that I learned today as I read through Carol Lemere’s interview with Mesereau’s investigator. She stated that Davellin told her in 2000 that she was told to lie and say that her father David abused her, which contradicts what she told Mesereau on the witness stand about her father admitting that he had abused her when the police were called to their house in the 90s.

    Like

  2. May 29, 2012 9:39 pm

    @ nan
    Yeah there was never any connection in anyones mind to Michael and cocaine except these people and the prosecution. Michael never appeared to be on cocaine in public or otherwise. There were many ways that it could have gotten there and who knows who requested that it be put there. It could have been Christopher Eric Carter who is still incarcerated to this day in a Nevada State Penitentiary for armed robbery and previous drug charges in Maryland prior to his employment with Michael. It could have been a maid in this case the one that is named in that article. It could have been any guest that showed up for the Britto party in September of 2003. It could have been anyone that was at Neverland when MJ wasn’t there.
    Frank Cascio tweeted Aaron Carter that Michael never touched cocaine in his life. He was around him so he would be the one that knew wouldn’t he.
    But nothing says vindictive prosecution quite like the article that David did about “Michael Jackson’s Enemies Are One Big Happy Family”.
    People need to ask themselves a few questions if they believe this case. Let’s start with the entire association of there being a former prosecutor, a witness for the prosecution get married and they invite the accuser and his brother along with the most pro-prosecution reporter and infamous Michael Jackson gossip writer and reporter to their wedding and then post those photos on Facebook for anyone to see. They are still in contact with another reporter/book author that wrote a plagiarized book in favor of the false allegations. Not to mention that they are still friends with at least the wife of the lead investigator of the case from 2003. What is going on there? Then let me ask you if the Duke Lacrosse prosecutor is still in touch with that accuser. I bet not considering what he did got him disbarred and what Sneddon did should have gotten the entire prosecution team recused during the trial and disbarred after it.
    What was it that saved them after that trial. It is a little thing called reversible vs harmless error in law. If Michael had been found guilty it could have been argued in Appeals Court if there were reversible errors. That would be something that occurred in the investigation or trial that would have caused a better or different outcome for Michael. In this case there was no reversible error because Michael was found not guilty on all counts. In other words there could not have been a better outcome for him because he was not guilty across the board. So the next time someone says that the Not Guilty verdicts were not genuine maybe they should ask Sneddon if he would like to go back and be defending himself for the prosecutorial misconduct and vindictive prosecution of Michael Jackson of which there is a multitude of evidence.That jury didn’t just save Michael it saved all of them too and they should remember that when they criticize them and their verdict.

    Like

  3. nannorris permalink
    May 29, 2012 6:00 pm

    lynande51
    That is incredible about the phone calls after they had escaped..This thing is unbelievable.That the prosecutors were so hateful of MJ and desperate to save face, imo, that they allowed this elaborate bunch of baloney into a court of law is just insane.
    I think it is kinda interesting that Janet was still in contact to with someone who was still working at Neverland after she left and that article of clothing that was found in the arcade that would appear to be planted by someone too stupid to know you cant just spread cocaine over a blood stain and think it will appear like it had been in someones blood stream.
    I also noticed one time that Starr Arvizo had made a point of referring to MJ as having a cocaine habit when h was speaking to some fan that had asked him a question or something….which is complete Bs of course and yet Starr was familiar with it..
    Makes you wonder if Janet put the arm on a friend to put that tampered article of clothing somewhere where it would be found at a later date.

    Like

  4. lynande51 permalink
    May 28, 2012 10:42 pm

    Michael actually went to Miami on Feb20th 2003 for Blanket’s first birthday party with the Malniks. If only somebody had pictures of his birthday. Guess what! I do.




    Like

  5. lynande51 permalink
    May 28, 2012 9:53 pm

    Here is an interesting article from Roger Friedman of Fox News during the trial. What you can’t see yet and won’t know until we get there is that Davelin was calling Angel Vivanco at Neverland for up to a month and a half after the third and final escape from Neverland. That will all show up in the telephone testimony which is crucial to the timeline but not in favor of the prosecution. That testimony along with the testimony from the travel agents is what will show you that Michael Jackson was not at Neverland when the supposed allegations were occuring. When David shows you that testimony you will know that Michael was in Miami Florida from February 20th until March 2nd of 2003. There were once even videos of him house shopping while he was there during the critical time of the prosecutions case. He returned on March 2nd and that was the night that Rijo saw Gavin and Star masturbating to porn in a guest unit at Neverland. Rijo then stayed with Michael. The Arvizo boys did not. Michael left then to go to the Beverly Hilton and stayed there until March 9th, 2003 when Michael returned to Neverland, he took Aldo, Marie Nichole, the Arvizos and his cousins Rijo and Simone along with fans that were standing outside Neverland at the gates to Toys R Us.
    The next day is when the Arvizo kids went home and then on March 12th Janet called Vinnie Amen for one more ride. That one was to court for an adjustment in her child support. That was the last time anyone from Neverland saw the Arvizos because on March 26th 2003 is when William Dickerman sent the first letter to Mark Geragos demanding all audio and video tape recordings of the Arvizos, all written documents with their signatures on them, all belongings like clothing and furniture returned to them. That is in Dickermans and Mark Geragos’ testimony. That is when it was starting to look like Michael was being set up. Why would they want something back like the videos and audio tapes unless they were panning to tell a totally different story than what was on the tapes?

    Jacko Prosecution’s Timeline Doesn’t Jibe

    Published May 03, 2005

    FoxNews.com

    .

    Michael Jackson | Janet Arvizo | Brian Oxman

    District Attorney’s Jacko Timeline Doesn’t Jibe

    Michael Jackson was not at his Neverland Ranch on March 6, 7 and 8 in 2003, and possibly not on March 9 either.

    That was the news that the prosecution inadvertently admitted into evidence yesterday in the Jackson child molestation trial, while it was busy analyzing the phone records of all the case’s main players.

    And those three days, and also possibly Feb. 20, 2003, continue to narrow the time frame in which the prosecution asserts Jackson committed his crimes.

    Thanks to the rather boring review of phone records, we did learn a couple of small things that may have great significance later.

    While Jackson was away from Neverland, his teen accuser was at the ranch with his family. The boy, now 15, has said in his grand jury testimony and in court that his molestation took place “toward the end” of his stay at Neverland — on March 12, 2003.

    Jackson, as we accidentally learned in court, was staying at the Beverly Hilton for several days at that time under the name “Kenneth Morgan.” Phone records introduced by the prosecution show that he was there, calling his assistant Evvy Tavasci night and day.

    The phone records from the hotel were entered as evidence by the prosecution. So were the room bills, which show that Jackson was in an $850-a-night suite.

    Phone records also indicate Jackson may have been away from Neverland on Feb. 20, 2003. That’s the day the district attorney said in his indictment that Jackson began his molestation and conspiracy.

    The phone records show that Jackson may have been in Miami on that date, staying at Turnberry Isle Inn, the same place where he stayed earlier that month for $3,700 a night. And you wonder why he has no money.

    Since the district attorney placed all of Jackson’s indictable actions between Feb. 20 and March 10, 2003, it would seem that his alleged window of opportunity to have molested the boy is getting smaller and smaller.

    It’s already been established that the family was away from Neverland between Feb. 25 and March 2, 2003. Scratch that week off the schedule. Now cross off those three or four days in late March, plus Feb. 20 and possibly Feb. 21 and 22.

    Other items in yesterday’s testimony didn’t jibe with what the jury has already heard.

    For one thing, the accuser’s mother, Janet Arvizo, was vehement during her own testimony that she’d missed celebrating Valentine’s Day with her then-boyfriend because of Jackson and his associates.

    But phone records show that she made seven calls on Feb. 14 to her friend, Azja Pryor, the fiancée of comedian Chris Tucker. She also had several phone conversations with Jackson associate Frank Tyson that day.

    The last call of the day, placed by Arvizo to Pryor, was at 11:40 p.m. The defense could say that if she missed Valentine’s Day, it was Arvizo’s own fault.

    Santa Barbara police detective Sgt. Craig Bonner — a nice enough fellow who’d worked on getting all the phone records together for all the parties to this case — conceded during cross-examination by Robert Sanger that he had omitted calls for Feb. 4, 2003, during his presentation under direct questioning.

    He also said that the phone records hadn’t been finalized until late Sunday night — after a run-up to the trial that lasted more than a year.

    The Arvizos’ records also included two calls to Tucker’s home on Feb. 4 within minutes of each other.

    Under cross-examination during what seemed like a brutally dull day in court, the defense began to set the stage for a story we reported in this column exclusively last Friday.

    That’s the story that the Arvizos asked to be sent to Miami to see Jackson on Feb. 6, 2003. I told you that sources say Tucker will relate how the Miami trip was his idea, not Jackson’s.

    The calls to Tucker, the defense will argue if its case ever begins, are important. They will show that after the family was made an offer by British tabloid reporters for its story, the Arvizos picked up the phone and called Tucker for access to Jackson.

    Tucker then flew the family to Miami on a plane he had rented, on his way to Orlando, Atlanta and the NBA All-Star Game.

    Mother Made Friends at Neverland

    The last time anyone heard the name Angel Vivanco in court was when Janet Arvizo said she didn’t know him.

    That was on a day of cross-examination when lead defense lawyer Thomas Mesereau craftily ran off a list of Neverland workers and asked Arvizo to identify them.

    “I don’t know anybody except Jesus Salas and Evvy,” she said, referring to Jackson’s assistant.

    She also said she had never heard of Violet Silva, the longtime head of security at Neverland.

    But now it seems that Arvizo does in fact know Vivanco, and may yet again be confronting her own lies.

    Phone records show that she called Vivanco at home often, especially after she “escaped” from the Neverland ranch for the third and final time.

    Vivanco received a call from Arvizo at home in Guadalupe, Calif., on March 12, another one on March 13, three calls on March 19, two on March 20 and another on March 21.

    Vivanco’s number was on phone bills subpoenaed by the prosecution, but the district attorney’s office didn’t bother to see whose number it was. Defense attorney Sanger revealed during cross-examination that his team had supplied the prosecution with this information.

    It’s still not clear why the district attorney wouldn’t have been interested in whom Arvizo might have been calling in Guadalupe, a town near Neverland but far from her own home.

    Similarly, Arvizo made lots of other calls to Neverland employees after her third “escape.”

    She made several calls to another Neverland staffer, Maria Aceves, and to Jorgen and Adele Staal, owners of a local self-storage company in nearby Santa Ynez.

    Aceves was on the prosecution’s list of potential witnesses, but was never called. The Staals are not on any lists from either side. Vivanco and his brother Jorge are on the defense list.

    Oxman Lives and Dies by the Sword

    Believe it or not, attorney Brian Oxman is still representing Michael Jackson — just not in criminal court.

    Oxman was spotted last week defending Jackson against the $4 million lawsuit filed by Marc Schaffel.

    You may recall Oxman was shouted off the child molestation case by lead defense counsel Tom Mesereau, who had had enough of his dozing in court.

    Some other reports claimed that Oxman got the ax because he met with private investigator Paul Barresi to hear tapes this column reported on concerning supermarket tabloids’ payments to sources, etc., in the 1993 case.

    Alas, I can tell you this was not the case.

    Oxman and Barresi did meet, and Barresi taped the whole craziness with Oxman’s permission.

    But Barresi merely wanted to elaborate on how the tabs’ practice of doling out dough to unsavory types created a lot of false stories back in the 1990s. That’s not why Oxman was fired.

    I am told that Mesereau was ticked off when he discovered that papers Oxman filed in the Schaffel case may have contradicted papers and arguments in the child molestation case.

    That is what broke the camel’s back, a source said — that and the snoozing.

    Read more: http://www.foxnews.com/story/0,2933,155329,00.html#ixzz1wBfXmgH6

    Like

  6. aldebaran permalink
    May 28, 2012 9:01 am

    So sad that Michael had to sit through this mess and listen to people with no integrity, no intelligence, no honor telling lie after lie and not remembering anything except lies.

    Like

  7. May 27, 2012 6:07 am

    Is Davellin serious? Before the allegations were even initiated Chris Tucker said the kid was bad at 2:30 -2:35. http://www.youtube.com/watch?v=3f2JlMriN7c

    Like

  8. lynande51 permalink
    May 27, 2012 2:47 am

    How exactly do you get through the inner door without going through the outer door?

    Q. You described in detail that there was a
    14 lower level, a stairway, and a higher level,
    15 correct.
    16 A. Yes.
    17 Q. You told the sheriffs in detail what you saw
    18 on those various levels, right.
    19 A. Yes.
    20 Q. That’s because you were in there on numerous
    21 occasions, correct.
    22 A. No.
    23 Q. And you know that your brothers had that
    24 code to get in there when Mr. Jackson wasn’t around,
    25 didn’t they.
    26 A. Yeah, but the outer door, that’s locked too.
    27 Q. But they seemed to get into that also,
    28 didn’t they. 979

    1 A. Not that I remember, no.
    2 Q. Well, you gave the Santa Barbara Sheriffs a
    3 detailed description of Mr. Jackson’s bathroom,
    4 right.
    5 A. The one that’s inside the room, yes.

    Is anyone else confused yet?Then there is the part where her remarkable memory of being in his bathroom one time was enough to remember details of it to give to the police.However she couldn’t remember specifics like dates and times? Why was that again? Oh yeah because she was just little back then, she was younger, and bedsides that she wasn’t supposed to answer questions about that. But not to little or young to be able to describe in accurate detail a bathroom she was in one time!
    Q

    . Well, you had spent time in there, correct.
    7 A. No. I never went to the rest room in there.
    8 Q. How could you give a detailed description of
    9 the rest room if you haven’t spent time looking at
    10 what’s in there.
    11 A. Because I was in the room the one time, and
    12 I was just looking around. I had never been in
    13 there. I wanted to see. And you just — you can
    14 look in and see what’s in there.

    Like

  9. lynande51 permalink
    May 27, 2012 1:43 am

    And the only scary one at the Passport office was Janet Arvizo with her ” don’t you know who I am? I’m Michael Jackson’s assistant!”Now that’s scary! What would her next claim have been? That she was his wife and those were his kids? That is just about like those claims that were made against Michael too isn’t it?

    Like

  10. lynande51 permalink
    May 27, 2012 1:36 am

    What strikes me the most is the cognitive deficits that she displays on the stand with her “I don’t remember”. That would imply a short term memory deficit and that would be hard to believe in a girl that got straight A’s in high school.
    That ranks right up there with those that say the 14 not guilty verdicts do not mean the same thing as innocent.Really? Well the thing is both terms mean the same thing legally and otherwise.They mean HE DIDN”T DO IT!

    http://legal-dictionary.thefreedictionary.com/not+guilty
    http://legal-dictionary.thefreedictionary.com/Innocent

    8. In criminal cases, when the defendant wishes to put himself on his trial, he pleads not guilty.
    It is just a plea entered into the court. The interesting thing is that Michael plead innocent not, not guilty forcing it to go to trial. He wanted them in court to face him and tell that story.We all know where that got the Arvizo family don’t we.

    Like

  11. nannorris permalink
    May 26, 2012 3:17 am

    I know this is long but I am just so impressed with Tom Mesereau..Notice how he gets the point across that these kids shouldnt have needed to go in MJ house for snacks and drinks because they had access to the theater, which was open to them, with all kinds of snacks and drinks, and they didnt need to go into the refrigerator where Jackson kept alcohol.
    That they were looking for alcohol and roaming around MJ house..
    Somehow , I cant see Geragos covering all this stuff..Thank heaven he switched lawyers…
    On a personal note , when you read these kids testifying to all the things they were doing at MJ house , how they would eat his food ,, use his golfcarts, his toys, go with him to toys r us where he would pay for more toys, and enjoy the immense hospitality of the man ,,,,and then turn on him with this absolute crap..
    What a bunch of scumballs..
    Anyway this is Mesereau cross examing Davellin
    —–
    Q. And would you simply grab food when you
    26 wanted it.
    27 A. Whatever was on the — where the drinks
    28 were. I wouldn’t go into the kitchen. 976

    1 Q. Well, if you go in the main house, you walk
    2 into a lobby area, correct.
    3 A. When you go into the — through the back
    4 way, there’s glass refrigerators, and I would grab a
    5 drink from there. But I wouldn’t go into the
    6 kitchen area and grab stuff.
    7 Q. Well, you have to go into the kitchen area
    8 to grab food, don’t you.
    9 A. To sit down, and they make it for you.
    10 Q. But to go in on your own and to pick up food
    11 in the kitchen area, you have to go into the
    12 kitchen, correct.
    13 A. Yeah, but I’m not going in there where the
    14 refrigerators are and stuff.
    15 Q. If you’re in the kitchen area, you have to
    16 be near the refrigerators, don’t you.
    17 A. But I’m sitting down. I’m not making it for
    18 myself or going through things.
    19 Q. But if — you’re talking about sitting down
    20 at the counter area. Is that what you’re talking
    21 about.
    22 A. Like the bench area, yes.
    23 Q. And Mr. Jackson has buns and rolls and
    24 things available right where you sit down, correct.
    25 A. Yes.
    26 Q. And right to your left is the refrigerator
    27 area, true.
    28 A. Towards the back area and to the left, yes. 977

    1 Q. And there’s sliding doors, right.
    2 A. They’re — no, they’re pulling doors.
    3 Q. How do you know they’re pulling doors.
    4 A. Because I would open them and get a drink
    5 once in a while.
    6 Q. And your brothers would also, correct.
    7 A. Yes.
    8 Q. And you will find alcohol in those
    9 refrigerator areas, correct.
    10 A. All I remember is there was Yoohoos, juice,
    11 different waters. I don’t remember seeing alcohol.
    12 Q. But clearly your brothers would go into that
    13 refrigerator area when Mr. Jackson wasn’t around,
    14 right.
    15 A. Yes.
    16 Q. They would go into the kitchen when Mr.
    17 Jackson wasn’t around, right.
    18 A. To get something, yes.
    19 Q. And they would walk through the house when
    20 Mr. Jackson wasn’t around, correct.
    21 A. We wouldn’t really go into the main house,
    22 because there wasn’t really anything else to do but
    23 eat.
    24 Q. Well, you have all kinds of rooms with toys,
    25 games, all kinds of things in that main house, don’t
    26 you.
    27 A. But I’m not really interested in those kind
    28 of little toys. 978

    1 Q. Well, they’re not all little toys, now, are
    2 they.
    3 A. Mainly from what I remember, yes.
    4 Q. Your brothers were caught on numerous
    5 occasions in that house with Mr. Jackson absent,
    6 right.
    7 A. To go get something to eat, that’s all I
    8 remember.
    9 Q. Well, you described in detail to the
    10 sheriffs what you saw in Mr. Jackson’s room,
    11 correct.
    12 A. Yes.
    13 Q. You described in detail that there was a
    14 lower level, a stairway, and a higher level,
    15 correct.
    16 A. Yes.
    17 Q. You told the sheriffs in detail what you saw
    18 on those various levels, right.
    19 A. Yes.
    20 Q. That’s because you were in there on numerous
    21 occasions, correct.
    22 A. No.
    23 Q. And you know that your brothers had that
    24 code to get in there when Mr. Jackson wasn’t around,
    25 didn’t they.
    26 A. Yeah, but the outer door, that’s locked too.
    27 Q. But they seemed to get into that also,
    28 didn’t they. 979

    1 A. Not that I remember, no.
    2 Q. Well, you gave the Santa Barbara Sheriffs a
    3 detailed description of Mr. Jackson’s bathroom,
    4 right.
    5 A. The one that’s inside the room, yes.
    6 Q. Well, you had spent time in there, correct.
    7 A. No. I never went to the rest room in there.
    8 Q. How could you give a detailed description of
    9 the rest room if you haven’t spent time looking at
    10 what’s in there.
    11 A. Because I was in the room the one time, and
    12 I was just looking around. I had never been in
    13 there. I wanted to see. And you just — you can
    14 look in and see what’s in there.
    15 Q. When your brothers and you were at Neverland
    16 without Mr. Jackson, did you go into the theater.
    17 A. Yes.
    18 Q. What did you do in the theater with your
    19 brothers when Mr. Jackson wasn’t there.
    20 A. Watch movies, get little snacks.
    21 Q. What are the kinds of movies you used to
    22 watch.
    23 A. I don’t remember.
    24 Q. Okay. How did you get the movies.
    25 A. We would ask somebody from the front. I
    26 don’t remember.
    27 Q. Okay. But you had access to the theater
    28 when you wanted, right. 980

    1 A. Yes. It was open.
    2 Q. No one ever told you you couldn’t enter the
    3 theater and watch a film, right.
    4 A. Not that I remember, no.
    5 Q. Nobody ever told you you couldn’t have food
    6 in the theater, popcorn, ice cream, sodas, whatever
    7 you wanted, right.
    8 A. Not that I remember, no.

    Like

  12. nannorris permalink
    May 26, 2012 12:11 am

    lynande51

    I remember seeing that in Larry Nimmers documentary. too…All of them , the Arvizos, Sneddon , the sheriffs were completely delusional about this thing..
    Sneddon also , sai,d after the verdict, that he believed Gavin as soon as he met him and he always will..
    What insanity ….
    Sneddon referring to DD during his press conference is so incredible to me , “Ask , Diane she is the MJ expert “”
    I think he even called Jackson , MJ…!
    Why is he calling him MJ ?
    Its like a game..
    What Dist Atty in his right mind would refer to a tabloid reporter from Hard Copy who paid for stories regarding the person who is now being accused of a crime..
    Its insanity..
    They should be publicly humiliated for believing DD and VG.
    I mean seriously, did it occur to them that neither one of their sources could testify to anything?
    Neither DD or VG were asked to take the stand because they had no evidence, just gossip .

    Like

  13. lynande51 permalink
    May 25, 2012 7:41 pm

    @ nan
    Theythought they had a winnable case because Sneddon and th epolice both told them that they would try as hard as they could to make this case. What does that tell you? The police can be seen telling Gavin that during their interview with them in Larry Nimmers video.Sneddon told them that when he met with them in late August or early September of 2003. That can be found in the timeline attached to the Motion that includes the Sheriff’s organizational plan.

    Like

  14. nannorris permalink
    May 25, 2012 6:42 pm

    Great Job David..As we all know Mesereau is setting her up for when the stewardess comes in and testifies…to her ordering a drink on the plane ride from Miami..
    I think Mesereau also pointed out that she had said she never went into the kitchen area where the alcohol was and yet she corrected him when he said the doors were on sliders and she said”no they pull out” so then she had to admit that she would sometimes go in to get a soda or whatever….yeah right..pfft
    She also said she was just taking a quick glance of MJ bedroom and bathroom and Merereau pointed out that she gave a detailed account of what was in those rooms to police..
    Which would indicate to me these kids were wondering around his house on their own, looking through his stuff , just like what they did at the dentists office ,, .
    The interesting thing to me is that I have read alot of these transcripts and have picked up on the same things that David has.
    David and I are different ages, different races, , different educational backgrounds, from different parts of the country and I would assume different life experiences., the same as everybody else looking into this case.., on this blog…..AND the , same as the people on the jury…….
    And yet this stuff is so glaringly obvious to anyone ,….that this case is pure bullshit!!!
    I can not believe these people EVER thought they had a winnable case….

    Like

  15. Rodrigo permalink
    May 25, 2012 5:07 am

    Again, brilliant work, David.

    Looking forward to seeing you expose Star’s lies! 🙂

    Like

Trackbacks

  1. March 4th, 2005 Trial Analysis: Direct and Cross Examination of Davellin Arvizo, Part 2 of 2 « Vindicating Michael

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