1 A. Co-producer.
2 Q. And what does that mean?
3 A. Like somebody who coordinates things. For
4 example, he would practice with the talent, in this
5 case Star, go through his lines. That kind of
7 Q. When you say Mr. Jackson helped you with
8 pre-production, what did you mean by that?
9 A. As I said, we had a meeting with -- I had a
10 meeting with Mr. Jackson, and Mr. Jackson explained
11 to me what he wants to create for this look, or for
12 the story of it. So that's part of the
14 Q. Okay. Did you go through what was going to
15 be said by Star or the individuals who were
17 A. With Mr. Jackson?
18 Q. Yes.
19 A. I -- I don't think so.
20 Q. Okay. Did you go through what the
21 individual shoots would involve? Any specifics
22 about what the program -- that program or pilot
23 would be about?
24 A. We covered certain style of the coverage, if
25 I remember correctly.
26 Q. Okay.
27 A. With Mr. Jackson.
28 Q. Who is Frank Cascio? 7652
1 A. Frank is a friend/associate of Mr. Jackson.
2 Q. Do you know Frank Cascio?
3 A. Yes, I do.
4 Q. How long have you known him?
5 A. I believe I saw him at the tour, which was
7 Q. I'm sorry?
8 A. In 1996, Mr. Jackson did a tour. And if I
9 remember correctly, Frank was there.
10 Q. Where was that tour?
11 A. It was a world tour.
12 Q. Were you present during the entire tour?
13 A. Yes, I was.
14 Q. And where did that world tour go?
15 A. We went to a lot of different countries.
16 I would say 40, 50 countries. 40, 50 countries.
17 Q. How long did the tour take?
18 A. It was a year -- well, eight months in a
19 year-and-a-half period.
20 Q. Was Mr. Cascio there the entire time?
21 A. On and off.
22 Q. What percentage of time would you say he was
23 on the tour with Mr. Jackson?
24 A. I would say maybe 30 percent.
25 Q. All right. I'd like to show you some
26 photographs at this time.
27 If I may approach, Your Honor.
28 THE COURT: Yes. 7653
1 Q. BY MR. AUCHINCLOSS: All right.
2 Mr. Moslehi, I show you People's Exhibit 338. Can
3 you identify that for me, please?
4 A. These are the Arvizo kids, or Star, Gavin
5 and I believe Davellin.
6 Q. All right.
7 I show you People's Exhibit 844. Can you
8 identify that for me, please?
9 A. Mr. Jackson and Frank.
10 Q. Did you take this photograph?
11 A. I believe I did, yes.
12 Q. When was that photograph taken?
13 A. If I remember correctly, December, November
14 of 2002.
15 Q. People's Exhibit 27, do you recognize that
17 A. Yes.
18 Q. Who is that?
19 A. I believe his name is Christian Robinson.
20 Q. People's Exhibit 41, can you identify that
21 individual for me?
22 A. I believe he's Marlon Brando's son, Miko
24 Q. Okay. People's Exhibit 39, can you identify
25 that individual?
26 A. I believe he's Joe Marcus, the property
28 Q. Property manager for where? 7654
1 A. Neverland.
2 Q. People's Exhibit 42, have you ever met this
4 A. Yes. His name is Stuart Backum (sic).
5 Something like that.
6 Q. Okay.
7 A. He was a spokesman of Mr. Jackson for a
8 short period of time.
9 Q. Do you recognize this individual in Exhibit
10 No. 23, People's Exhibit 23?
11 A. I believe he's Brad Miller.
12 Q. Okay. People's Exhibit 18, do you recognize
13 that individual?
14 A. Ronald Konitzer.
15 Q. People's Exhibit 17, can you identify that
16 one for me?
17 A. Dieter Ron -- Weizner.
18 Q. People's Exhibit 19?
19 A. I believe Vinnie Amen.
20 Q. People's Exhibit 16?
21 A. Marc Schaffel.
22 Q. People's Exhibit 845 appears to be a
23 photograph of a number of individuals. Do you
24 recognize this photograph?
25 A. Yes.
26 Q. And what is it a photograph of?
27 A. Marc Schaffel, Mr. Jackson, and I believe
28 that individual in the back is Rudy. I'm not sure 7655
1 about his last name. Provencio.
2 Q. Do you know the other two individuals in the
4 A. No, I don't.
5 Q. Okay. People's Exhibit 846 appears to be a
6 similar photograph. Can you identify that for me?
7 A. Yes. Michael Jackson. Nick Carter. Frank.
9 Q. Frank Cascio?
10 A. Frank Cascio. Or Schaffel. And Rudy.
11 Q. Okay. And the other two individuals who you
12 didn't know?
13 A. I didn't.
14 Q. Okay. One final photograph of a similar
15 subject. Please identify that. I should say the
16 second -- the last one I showed was 846. This is
18 A. I see Mr. Jackson, Marc Schaffel, Aaron
19 Carter and Rudy. And I believe the other gentleman
20 is Brad Buxer.
21 Q. Okay. These three photographs, 847, 846 and
22 845, were you present when these photographs were
24 A. Actually, I think these are freeze frames of
25 a video, if I'm correct.
26 Q. Yes.
27 A. Yes, I was.
28 Q. Okay. So you actually observed these shots 7656
1 as they were being taken?
2 A. That's correct.
3 Q. And Exhibit 193, can you identify that for
5 A. That's my house.
6 Q. Okay. That's one of the rooms in your home?
7 A. That's correct.
8 Q. Which room?
9 A. Well, it's a billiard room.
10 Q. All right. And 194?
11 A. That's like a living room.
12 Q. In your home?
13 A. In my house.
14 MR. AUCHINCLOSS: All right. Your Honor, at
15 this time I'd like to admit into evidence Exhibit
16 847, 846, 845, 16, if it hasn't been admitted, 42,
17 39, 41, 27 and -- I should say 27 and 844.
18 MR. MESEREAU: No objection.
19 THE COURT: All right. They're admitted.
20 Q. BY MR. AUCHINCLOSS: All right. You
21 mentioned a few names that I'd like to ask you some
22 questions about.
23 And if I could have the Elmo, Your Honor.
24 First of all, I'll show you People's Exhibit
25 844. Is that the photograph that you said you shot
26 of Mr. Jackson and Frank Cascio?
27 A. That's correct.
28 Q. And where was that shot taken? 7657
1 A. I believe we were at Neverland Valley.
2 Q. All right. And do you know what the purpose
3 of this shot was?
4 A. I think it was just documentary.
5 Q. I show you Exhibit No. 23. You've
6 identified this subject as Brad Miller.
7 A. That's correct.
8 Q. Have you met Mr. Miller?
9 A. Yes, I believe I did.
10 Q. Where did you meet Brad Miller?
11 A. At my house.
12 Q. And when did you meet Brad Miller?
13 A. I believe it was February 19, 2003.
14 Q. Exhibit 16, who is that, please?
15 A. Marc Schaffel.
16 Q. Exhibit 42?
17 A. Stuart. Again, I'm not sure what his last
19 Q. How did you meet Stuart?
20 A. At Mr. Schaffel's house, I believe.
21 Q. During what time frame? When did you first
22 meet him?
23 A. I would say between February 10 --
24 approximately February 10 of 2003 till February 18
25 of 2003.
26 Q. Showing you Exhibit 39 at this time, who is
28 A. I believe it's Joe Marcus. 7658
1 Q. And you know him to be associated how with
2 Mr. Jackson?
3 A. I believe he's the property manager of
4 Neverland Valley.
5 Q. Exhibit 41, who is that?
6 A. Miko Brando.
7 Q. How did you meet Miko Brando?
8 A. I believe I met him at Neverland.
9 Q. People's Exhibit 17 you've identified as Mr.
11 A. Dieter Weizner.
12 Q. Okay. 18, is that Mr. Konitzer?
13 A. Ronald Konitzer.
14 Q. And 27, who is that?
15 A. Christian Robinson, I believe.
16 Q. All right. Finally, showing you People's
17 Exhibit 845, you've identified this as a video
19 A. This is a freeze frame of a video.
20 Q. Okay. Can I have the laser pointer, please?
21 If you could use that laser pointer,
22 Mr. Moslehi, and show us, identify for us -- we know
23 Mr. Jackson. You identified Mr. Schaffel in that
24 photo. And you've also identified two individuals
25 that you could not -- that you did not recognize.
26 Would you point the photo -- or the laser at
27 those two individuals?
28 Indicating in the center and indicating to 7659
1 the right corner.
2 And the individual who you've identified as
3 Rudy, indicating on the left side in the white
5 Showing you 847, please point out the
6 various individuals in this photograph for us.
7 A. And name them?
8 Q. That you recognize.
9 A. Oh. Marc Schaffel.
10 Q. Yes.
11 A. Mr. Jackson.
12 Q. Yes.
13 A. Aaron Carter.
14 Q. Who is Aaron Carter?
15 A. He's an entertainer or a musician or a
17 Q. Okay.
18 A. I believe that's Rudy.
19 Q. Yes.
20 A. And I believe that's Brad Buxer.
21 Q. Okay. Who is Brad Buxer?
22 A. Mr. Jackson's musical director.
23 Q. All right. Same question for Exhibit No.
24 846. Would you identify the subjects in that
26 A. Mr. Jackson.
27 Q. Yes.
28 A. Nick Carter. 7660
1 Q. Who is Nick Carter?
2 A. Aaron Carter's brother, which is another
3 musician or singer. Entertainer.
4 Q. All right.
5 A. I believe that's Frank.
6 Q. Yes.
7 A. I believe that's Schaffel.
8 Q. Uh-huh.
9 A. And I believe that's Rudy.
10 Q. Okay. Appearing in the left-hand corner
11 with the T-shirt?
12 A. That's correct.
13 Q. And the individuals in the center of the
14 photograph, you don't recognize them?
15 A. I do not.
16 Q. All right. Thank you.
17 Okay. Mr. Moslehi, at some time during the
18 early part of 2003, you said that -- well, let me
19 strike that. In 2003, did you perform some video
20 services for Michael Jackson in the early part of
22 A. Yes, I did.
23 Q. And I believe you, first of all,
24 characterized that you did some assistance in the
25 Martin Bashir documentary in January; is that
27 A. Mid-January of 2003.
28 Q. Okay. Subsequent to that, did you perform 7661
1 some more -- some additional video services for Mr.
3 A. Yes, I did.
4 Q. All right. And could you describe the first
5 one? First, let me strike that.
6 How many projects or individual shoots did
7 you involve yourself in at the request of Mr.
8 Jackson for the remainder of 2003?
9 A. I would say five or six projects.
10 Q. Okay. Tell us about the first one. Tell me
11 what -- first of all, what was the subject matter of
12 the first shoot, the first of those shoots?
13 A. Well, I believe the very first project, if
14 I'm not wrong, it was the Martin Bashir, which
15 was --
16 Q. Yes.
17 A. -- mid-January of 2003.
18 Q. Yes. And what was the next one?
19 A. Next one, I believe, was a shoot in Florida
20 which never took place.
21 Q. Okay. Let's start with that one. Well, let
22 me ask you this, first of all:
23 Prior to that shoot in Florida, did you do
24 any video -- any other video production between the
25 shoot -- between going to Florida and the Martin
26 Bashir documentary?
27 A. I'm not sure.
28 Q. All right. Do you recall doing a video 7662
1 shoot on February 5th, 2003?
2 A. I think there was an interview with Debbie
4 Q. All right. Where did that interview take
6 A. At Marc Schaffel's house. Calabasas.
7 Q. When did you first learn that that was a
8 project that Mr. Jackson wanted you to shoot?
9 A. Maybe a day before.
10 Q. Who informed you of that?
11 A. I'm not sure. Could have been Mr. Jackson's
12 personal assistant or his new managers.
13 Q. Okay. Who were his new managers at that
15 A. Ronald and Dieter.
16 Q. When did you first learn that Ronald and
17 Dieter were Michael Jackson's new managers?
18 A. I believe I had a meeting with them in late
19 2002. I would say November, December.
20 Q. Uh-huh.
21 A. And they informed me that they were going to
22 take the management from, I guess, the beginning of
23 the year.
24 Q. Did Mr. Jackson ever confirm that, that they
25 were his new managers?
26 A. Not directly, but somehow indirectly.
27 Q. What do you mean?
28 A. Once I called Mr. Jackson to ask him a 7663
1 question, and he asked me to call Dieter.
2 Q. Okay. Did he indicate what -- who Dieter
3 was, to why he wanted you to call Dieter?
4 A. Why Mr. Jackson wanted to know --
5 Q. Why Mr. Jackson wanted you to call Dieter.
6 Did Mr. Jackson tell you?
7 A. Well, I think Dieter had the answer for
8 whatever question I had.
9 Q. I'm not asking what you think. I'm asking
10 you if Mr. Jackson told you why he wanted you to
11 call Dieter.
12 A. He didn't specifically told me why, but he
13 just advised me to call Dieter.
14 Q. Do you know what the subject matter was? Do
15 you remember the subject matter of that
17 A. I don't remember.
18 Q. So you were instructed to do a video shoot
19 of Debbie Rowe?
20 A. That's correct.
21 Q. And where did that shoot take place?
22 A. At Mr. -- at Marc Schaffel's house.
23 Q. Who told you to show up at Marc Schaffel's
25 A. It could have been either Mr. Schaffel or
27 MR. AUCHINCLOSS: Just a moment.
28 (Off-the-record discussion held at counsel 7664
2 Q. BY MR. AUCHINCLOSS: All right. Going back
3 to this video shoot, what was the purpose of it?
4 A. The Debbie Rowe?
5 Q. Yes.
6 A. I believe it was like a response for what
7 the Martin Bashir documentary was about.
8 Q. Had the Martin Bashir documentary aired in
9 the United States at that time?
10 A. I don't think so. I'm not sure.
11 Q. All right.
12 A. If I remember correctly, that documentary
13 was aired on the 6th of February.
14 Q. Okay. Did you see the Martin Bashir
16 A. Yes, I did.
17 Q. Where did you see it? Where were you when
18 you saw it?
19 A. I was in Florida.
20 Q. Do you specifically remember whether you
21 shot the Debbie Rowe footage before you went to
23 A. I believe, yes. The day before.
24 Q. The day before?
25 A. The day before.
26 Q. All right. So whatever day you went to
27 Florida, the day before that, you shot the Debbie
28 Rowe footage? 7665
1 A. That's correct.
2 Q. Now, tell me, who was at Marc Schaffel's
3 home at the time this footage was shot?
4 A. There was Debbie, another lady, the
5 interviewer, which I forgot his name, Schaffel,
6 Christian Robinson, me, and my crew.
7 Q. And what was Mr. Schaffel's role in this
9 A. I believe some sort of producer.
10 Q. Okay. And specifically what did he do?
11 A. He would have, like, a questionnaire in his
12 hand to let the interviewer -- what to ask.
13 Q. What did this questionnaire look like?
14 A. Pieces of paper.
15 Q. Did the interviewer -- who was the
17 A. I forgot his name.
18 Q. This is the fellow you can't remember his
20 A. That's correct.
21 Q. And the interviewer, did he have any paper
22 in his hands when he was asking the questions?
23 A. During the interview, I don't remember
24 seeing him having any paper in his hand.
25 Q. Would he ever confer with Mr. Schaffel about
26 how this interview would proceed?
27 A. Prior to this shoot or during the shoot?
28 Q. At any time. 7666
1 A. They had some interactions as far as, you
2 know, what kind of questions to ask and so on.
3 Q. And how many times did they interact about
4 how this interview was going to be conducted?
5 A. Approximately?
6 Q. If you can recall, yeah, approximately.
7 A. Six, seven times, maybe.
8 Q. How many times before the interview started
9 did they have discussions of that nature?
10 A. I'm not sure.
11 Q. And this interview, after you finished
12 shooting it, what did you do with the footage?
13 A. Mr. Schaffel took it.
14 Q. Did he take it on that day?
15 A. Yes.
16 Q. It was in video format?
17 A. That's correct.
18 Q. Okay. So you said the next day after that
19 shoot, you went to Florida?
20 A. That's correct.
21 Q. What city in Florida?
22 A. Miami.
23 Q. And why did you go to Florida?
24 A. I was informed that there's going to be some
25 sort of video shoot.
26 Q. Who informed you of that?
27 A. Either Mr. Jackson's personal assistant or
28 Dieter. 7667
1 Q. And when you say his personal assistant, do
2 you mean Evvy?
3 A. That's correct.
4 Q. How long has Evvy been his personal
5 assistant, as far as you know?
6 A. Years. Maybe 15 years. Something like
8 Q. Okay. She was his personal assistant when
9 you began in .96?
10 A. That's correct.
11 Q. And were you informed of what the nature of
12 this video shoot was going to involve in Florida?
13 A. No, I was not.
14 Q. Were you informed of what type of equipment
15 you would need?
16 A. Video equipment.
17 Q. Anything else?
18 A. Well, I usually take, like, my still camera,
20 Q. Did you have any employees with you?
21 A. No.
22 Q. Okay. So tell me the arrangements that you
23 made before you left for Florida, if any.
24 A. Since I couldn't take anybody with me, if I
25 remember correctly, I called a rental house, which
26 they rent equipment and -- video equipment, and
27 booked some equipment so when I get there, I have
28 the proper equipment that I need. Then basically I 7668
1 grabbed all my equipment that I could carry by
2 myself and flew to Florida.
3 Q. Where did you go when you arrived in
5 A. I believe one of Mr. Jackson's drivers
6 picked me up and they drove me to Mr. Jackson's
8 Q. Which hotel was that?
9 A. I don't remember the name of the hotel.
10 Q. And where did you go when you arrived at the
12 A. To my room.
13 Q. Okay. Did you meet with anybody at the
14 hotel on that day?
15 A. I met with Dieter and Ronald that day.
16 Q. Where did that meeting take place?
17 A. I believe at their room.
18 Q. And what did that meeting consist of? What
19 was it a meeting about?
20 A. Mostly about just them taking over the
21 management; they're the new managers, and the way
22 they liked to conduct business from now on.
23 Q. Okay.
24 A. And also we had discussion about my unpaid
26 Q. Okay. Did you have some unpaid invoices at
27 that time?
28 A. I'm sorry? 7669
1 Q. Did you have some unpaid invoices --
2 A. Yes, I did.
3 Q. -- that were owed by MJJ Productions?
4 A. Yes, I did.
5 Q. What kind of figure are we talking about at
6 that time? How much money was owed to you,
8 A. About $250,000.
9 Q. How long had you been owed that money?
10 A. Well, this was like a year and a half worth
11 of unpaid invoices, so it kept adding up.
12 Q. Would you bill as the invoices would accrue?
13 A. I'm sorry?
14 Q. Would you make bills out and send them to
15 Mr. Jackson's company --
16 A. That's correct.
17 Q. -- as the bills would accrue when you do the
19 A. Yeah, I would finish the work and render an
20 invoice and mail it to Mr. Jackson's office.
21 Q. So, did you have any discussions with Mr.
22 Konitzer and Mr. Weizner about what you were to do
23 in Florida?
24 A. I asked them what the purpose is. I guess
25 they didn't know or they didn't want to let me know,
26 but I was never informed specifically why I went
27 there. But at one point I was informed that it's
28 not going to happen. 7670
1 Q. When did that happen?
2 A. I believe was either the same day that I got
3 there or it could be the same -- the day after.
4 Q. Who told you that it wasn't going to happen?
5 A. I believe Dieter.
6 Q. Did you see any other individuals there that
7 you recognized from the previous shoot at Debbie
8 Rowe's -- at Marc Schaffel's house involving Debbie
9 Rowe there in Florida when you were there?
10 A. If I remember correctly, there were -- I
11 only met with Ronald and Dieter and Mr. Jackson's
13 Q. Who was that?
14 A. At the time I believe it was Mike and
15 another gentleman.
16 Q. What was the -- what was their involvement,
17 the two bodyguards? What did they have to do with
18 this meeting?
19 MR. MESEREAU: Objection; foundation.
20 MR. AUCHINCLOSS: Maybe I'll start over
22 Q. Was the meeting with the bodyguards separate
23 from the meeting with Mr. Konitzer and Mr. Weizner?
24 A. Well, it wasn't a meeting with them, but I
25 met them there. I mean, I saw them there.
26 Q. Okay.
27 A. You know.
28 Q. Did you talk to them? 7671
1 A. Yeah. Casually.
2 Q. Did you ever see the individual who was the
3 interviewer in the Debbie Rowe shoot in Florida
4 while you were there?
5 A. Not that I remember.
6 Q. Sorry?
7 A. Not that I remember --
8 Q. Okay.
9 A. -- seeing him there.
10 Q. Did you see Mr. Jackson while you were in
12 A. I don't believe I did.
13 Q. Did you receive any other instructions while
14 you were in Florida from Mr. Weizner or Mr.
16 A. Well, I informed them about having some
17 footage of Martin Bashir, behind-the-scene
18 documentary. And after discussing certain matters,
19 they advised me to call Marc Schaffel.
20 Q. Did you call Marc Schaffel?
21 A. Yes, I did.
22 Q. While you were in Florida?
23 A. I believe so.
24 Q. Did you receive any instructions from Mr.
26 A. He wanted me to come back to L.A. so I can
27 show him the footage.
28 Q. Okay. Did you do so? 7672
1 A. Yes, I did.
2 Q. When did that occur?
3 A. I believe the day after.
4 Q. So you fly back to Los Angeles. You didn't
5 do any photography at all in Miami?
6 A. No.
7 Q. And then the next day you meet with Mr.
9 A. That's correct.
10 Q. And what did Mr. Schaffel -- what was that
11 conversation about with Mr. Schaffel?
12 A. If I remember correctly, I explained to him
13 that I have -- “I have certain footage of behind the
14 scene that I shot during Martin Bashir production,
15 and that I have made some agreement and arrangement
16 with Dieter and Ronald in regard to usage of this
17 footage, and they asked me to see you.”
18 And then I showed him the footage, and that
19 was it.
20 Q. Okay. Did you receive any further
21 instructions from Mr. Schaffel during the month of
22 February concerning any other shoots, video shoots?
23 A. Some additional footage of Mr. Jackson's
24 family interviews, some of Mr. Jackson's archival
25 footage and so on.
26 Q. I'm talking specifically about new video
27 footage that you shot in the month of February --
28 A. Okay. 7673
1 Q. -- at the request of Mr. Schaffel. Did you
2 shoot any such video?
3 A. Well, there was some -- I mean, there were a
4 few projects within the same one project --
5 Q. Okay.
6 A. -- which contained footage and creating a
7 new footage of certain people.
8 Q. Let's begin with what the nature of this new
9 one project was. What was the purpose of this new
10 one project?
11 A. Was like -- was a rebuttal documentary of
12 the Martin Bashir documentary.
13 Q. And who did you take new video footage of
14 for purposes of that documentary?
15 A. I believe we shot Mr. Jackson's parents,
16 including his brother.
17 Q. Where did that take place?
18 A. At the Encino place in California. Mr.
19 Jackson's house. Joe Jackson's house in Encino.
20 Q. Okay. And do you know what date that video
21 was shot?
22 A. Approximately February 15.
23 Q. All right. Any other video footage that you
24 shot for this rebuttal film or this rebuttal
26 A. We're talking new footage, right?
27 Q. Yes. New footage.
28 A. Well, we shot some footage of the Arvizo 7674
1 family, but it never got used. Never got aired on
2 the FOX.
3 Q. Okay. So let's talk about that.
4 You were -- were you assigned to shoot video
5 footage of the Arvizo family for purposes of this
6 rebuttal video?
7 A. That's correct.
8 Q. Who assigned you to that task?
9 A. I believe was Marc Schaffel.
10 Q. Okay. Do you know?
11 A. I think it was Marc Schaffel.
12 Q. Okay. And were you instructed the nature of
13 this video, what this video footage would be about
14 involving the Arvizo family?
15 A. Well, this footage were supposed to be used
16 in that rebuttal documentary that Martin Bashir
17 basically originally did. So --
18 Q. Okay. Was this rebuttal film -- did this
19 rebuttal film have a public relations purpose?
20 A. Sure.
21 Q. What was the public relations purpose?
22 A. Well, to make Mr. Jackson look good.
23 Q. Okay. And so what was the purpose -- or let
24 me strike that.
25 Were you ever informed as to what the
26 purpose of taking video footage of the Arvizo family
27 was? What was the purpose for taking footage of the
28 Arvizo family? 7675
1 A. Well, in the Martin Bashir documentary
2 there was a shot of Gavin, I believe, and Mr.
3 Jackson holding hands, which it created some sort of
4 controversy about it. And we were trying to show
5 that basically there was nothing between Mr. Jackson
6 and Gavin that they were saying on the media and
7 news and stuff like that.
8 Q. I'm not sure I understand. There was
9 nothing that -- that they were saying?
10 A. Well, just to rebuke (sic) that shot that --
11 basically Mr. Jackson holding the hand of Gavin. We
12 were putting this family in front of a camera just
13 to see what they have to say and use it in that
14 rebuttal documentary.
15 Q. Did you discuss this video-shooting with Mr.
17 A. Of the Arvizo family?
18 Q. Yes.
19 A. Sure.
20 Q. Was it anticipated at all that this video
21 would be a positive thing for Mr. Jackson?
22 A. Sure.
23 Q. How so? How was it anticipated that this
24 was going to be good for -- make Mr. Jackson look
26 A. Well, the footage that I shot of Martin
27 Bashir during Martin Bashir production, there were a
28 lot of segments or scenes that Mr. Bashir was 7676
1 saying --
2 Q. I'm going to interrupt you as not --
3 MR. MESEREAU: Objection to interrupting the
5 MR. AUCHINCLOSS: It's nonresponsive.
6 MR. MESEREAU: It is responsive, I believe,
7 Your Honor.
8 THE COURT: It is.
9 I'll allow you to finish the question -- or
10 the answer. Do you want me to have the part read
11 that you answered?
12 THE WITNESS: I'm sorry, say that again?
13 THE COURT: I'm going to allow you to finish
14 your answer. Do you want to hear the first part of
15 your answer?
16 THE WITNESS: I forgot what I was talking
18 THE COURT: Read him the part of his answer.
19 MR. AUCHINCLOSS: I'm sorry, Your Honor, my
20 question dealt with the previous question of the
21 video of the Arvizos. It was not a general question
22 about the video, the whole video.
23 THE COURT: I'll let her read the question.
24 MR. AUCHINCLOSS: All right.
25 (Record read.)
26 THE COURT: Now you can finish your answer.
27 THE WITNESS: (Continuing) -- that Mr.
28 Bashir was saying good thing about Michael Jackson. 7677
1 Q. BY MR. AUCHINCLOSS: Okay. I'm going to go
2 back to my -- what I intended to ask or make. How
3 was the Arvizo family footage anticipated -- how was
4 it anticipated that this would help Mr. Jackson to
5 look good, in your discussions with Mr. Schaffel?
6 A. Well, I mean, at that time, I don't think,
7 there was no footage of the Arvizo, but we were
8 supposed to shoot this footage.
9 Q. Right. I'm talking about the planning of
10 it. You planned to shoot the Arvizo family,
12 A. Correct.
13 Q. The plan was to do a video, a rebuttal
14 video, that would make Mr. Jackson look good?
15 A. Overall, the plan of the rebuttal
16 documentary was to make -- basically make Mr.
17 Jackson look good.
18 Q. Was shooting the Arvizo family something you
19 did to try and make Mr. Jackson look good in this
20 rebuttal film?
21 A. Well, at the time, I didn't know how the
22 final piece would look, because we were still in the
23 production phase of this whole production. Once
24 it's edited and you look at it, then you can, you
25 know, basically decide whether that's going to make
26 him look good or not.
27 Q. Let's just move on.
28 The -- where was this -- originally where 7678
1 was this video shoot to take place?
2 A. At Neverland.
3 Q. And whose idea was that?
4 A. I believe was Marc Schaffel.
5 Q. Okay. Did you ever go to Neverland to do
6 this shoot?
7 A. Yes, I did.
8 Q. When was that?
9 A. February 19, 2003.
10 Q. Did you bring any assistants with you, any
11 assistants with you?
12 A. I took two people, crew, with me.
13 Q. What time did you arrive at Neverland?
14 A. I would say late afternoon, early evening.
15 7:00-ish, kind of. 6:00-ish.
16 Q. Did you contact any members of the Arvizo
17 family at Neverland that day?
18 A. I saw the three kids at Neverland, and I
19 told them that, “We're supposed to shoot an
20 interview with you guys.”
21 Q. Okay. The three kids, Gavin, Star and
23 A. That's correct.
24 Q. Was Janet at Neverland that day?
25 A. She was not.
26 Q. Was there any plan to shoot this video with
27 Janet in it?
28 A. Yes, it was. 7679
1 Q. So did you make an effort to determine where
2 Janet was?
3 A. I asked the kids where their mom is.
4 Q. Okay. What happened next?
5 A. They said, “She's not here.”
6 Q. What did you do after that?
7 A. I asked them if they know where she is,
8 because we're supposed to set up this lighting and
9 camera equipment and do the interview.
10 They -- I believe they told me that, “She's
11 not here,” and they're going to -- I asked them if
12 they can call her to see if she's going to do it or
13 not, or what's the schedule.
14 Q. During that period, did you have any contact
15 with Mr. Schaffel concerning this problem of the
16 mother not being there?
17 MR. MESEREAU: Objection. Misstates the
18 evidence; move to strike.
19 THE COURT: Overruled.
20 You may answer.
21 THE WITNESS: Did I have any conversation
22 with Schaffel? I believe so.
23 Q. BY MR. AUCHINCLOSS: Okay. Tell me about
24 it. Did you contact Mr. Schaffel?
25 A. I believe either he called me or I called
26 him. I'm not sure. But there was a conversation
27 saying that, “Janet, the mother, is not here.”
28 Q. And what was Mr. Schaffel's -- did Mr. 7680
1 Schaffel have a solution to this issue?
2 A. I guess not at --
3 MR. MESEREAU: Objection; hearsay.
4 MR. AUCHINCLOSS: Offered in furtherance.
5 THE COURT: First of all, that requires a
6 “yes” or “no” answer.
7 MR. AUCHINCLOSS: Okay. Fair enough.
8 Q. Did Mr. Schaffel have a solution of this
9 issue of Janet not being there where you intended to
10 shoot the video involving the entire family?
11 A. Not at the time, I guess. It was just
12 information going back and forth.
13 Q. Okay. At some point while you were at
14 Neverland, did you talk to Janet Arvizo on the
16 A. Yes, I did.
17 Q. Had you previously met Janet Arvizo?
18 A. Yes, I believe I did.
19 Q. Okay. When had you previously met her?
20 A. Where?
21 Q. Where, let's say where?
22 A. At Neverland Valley.
23 Q. Okay. Was that during one of the shoots
24 that you had done with the Arvizo family before, the
25 Arvizo kids?
26 A. The year 2001?
27 Q. Yes.
28 A. I don't think so. 7681
1 Q. Okay.
2 A. It was maybe a birthday party of Mr.
3 Jackson's kids or things like that.
4 Q. Okay. Did you make any efforts to get Janet
5 to come to Neverland to do the shoot?
6 A. If I remember correctly, I had a
7 conversation on the phone with her.
8 Q. Yes.
9 A. And I asked her whether she was going to do
10 it or not so that I know what my schedule would be
11 for that day.
12 Q. Okay. Did she want to do this video shoot?
13 MR. MESEREAU: Objection. Foundation; calls
14 for speculation.
15 MR. AUCHINCLOSS: It's offered --
16 THE COURT: Foundation; sustained.
17 MR. AUCHINCLOSS: Okay.
18 Q. Did she describe to you whether or not she
19 was willing to do the rebuttal video shoot?
20 A. I believe at the beginning she was not happy
21 to do this rebuttal video.
22 Q. Okay. Did she tell you why she didn't --
23 was not happy about it?
24 A. Um --
25 MR. MESEREAU: Objection; hearsay.
26 MR. AUCHINCLOSS: Offered for state of mind.
27 THE COURT: Well, the question is, did she
28 tell you why she was not happy? But without telling 7682
1 us any more, did she? Did she tell you that,
2 whether or not she was happy?
3 THE WITNESS: She told me that she's not
5 THE COURT: Okay. So the Court will allow
6 that for the limited purposes of her state of mind
7 at that time.
8 Q. BY MR. AUCHINCLOSS: So my follow-up
9 question, did she tell you -- and this is “yes” or
10 “no.” Did she tell you what she was unhappy about,
11 why she was unhappy about doing the rebuttal filming
12 or video?
13 A. I believe yes, she did.
14 Q. What did she tell you?
15 MR. MESEREAU: Objection; hearsay.
16 MR. AUCHINCLOSS: Offered for state of mind.
17 THE COURT: I'll admit this, her statement,
18 for the limited purpose of her state of mind, not
19 the truth of the matter asserted in the statement.
20 You may answer.
21 Q. BY MR. AUCHINCLOSS: All right. Go ahead
22 and answer that question.
23 A. Did she tell me why she didn't want to do
25 Q. Yes.
26 A. She said since -- if I remember correctly,
27 she said since the rebuttal documentary of Martin
28 Bashir has aired, her life turned upside down 7683
1 because of the, you know, media and press following
2 her, and that kind of stuff. And if I remember
3 correctly, she said, “The last thing I want to do is
4 do another video, you know, and expose myself to
5 more hassle.”
6 Q. Did she want her children to be in another
8 A. I'm not sure.
9 Q. Was that any part of her concern?
10 A. Yeah, yeah.
11 MR. MESEREAU: Objection; asked and
13 THE COURT: Sustained.
14 Q. BY MR. AUCHINCLOSS: Did you make any
15 efforts to persuade her to make this video?
16 A. If I remember correctly, I told her that
17 we're doing this rebuttal documentary and --
18 Q. That's really a “yes” or “no” question.
19 A. I'm sorry, say that again, the question.
20 Q. Yeah. Did you make any efforts to persuade
21 her to do the rebuttal video, the rebuttal video
22 involving --
23 A. Yes.
24 Q. -- this segment?
25 A. Yes.
26 Q. And what was your purpose in doing that?
27 A. So I can get the production done.
28 Q. Okay. How long did you talk to her on the 7684
2 A. I would say 20 minutes, approximately 20.
3 Q. And was that 20 minutes largely -- did that
4 deal with anything other than persuading her to
5 agree to do the video? Did you talk about anything
7 A. She talked -- me or her or both parties?
8 Q. No, you said you were having a conversation.
9 She's reluctant; true? You're persuading her. Was
10 there anything -- any discussion, other than her
11 coming to do the video, during that 20-minute phone
13 A. Not that I remember.
14 Q. All right. When you finished the phone
15 conversation, had Janet Arvizo agreed to do
17 A. I believe she agreed to do this video
19 Q. Do you have a specific recollection whether
20 she agreed to it or not?
21 A. I believe she did.
22 Q. What did she say? Did she say -- you tell
24 A. I believe she said that she's going to do
25 it. I mean, after we hung up, my understanding was
26 that this is going to happen at one point.
27 Q. Where was it going to happen?
28 A. I didn't know at the time. 7685
1 Q. So she said she'd do it, but she didn't say
2 she would do it that day?
3 A. Well, there was not specific conversation
4 about how, when, where it's going to happen. But I
5 think, if I remember correctly, the conversation end
6 up that it's going to happen. My understanding, if
7 I remember correctly at the time, was that she's
8 coming to Neverland to get it done.
9 Q. Okay. So at the end of the conversation,
10 you believe Janet's agreed and she's going to come
11 to Neverland to do the film?
12 A. As I remember, yes.
13 Q. About what time is it at this point?
14 A. I would say 9:00-ish, 10:00-ish, at night.
15 Q. At some point did you learn or decide -- let
16 me strike that, start over.
17 At some point did you decide that the
18 filming was not going to take place that night at
20 A. I'm sorry, say that again. Me deciding,
21 or --
22 Q. Yes.
23 A. Well, I was informed it's not going to
24 happen at Neverland.
25 Q. Okay. Who informed you of that?
26 A. I believe it was Marc Schaffel.
27 Q. You believe?
28 A. Well, Marc Schaffel, I think. It was Marc 7686
2 Q. And how did you hear from Marc Schaffel that
3 that was not going to take place at Neverland that
5 A. I believe it was a phone conversation.
6 Q. So you had -- was this the first phone
7 conversation? Second? You tell me.
8 A. I believe could be second.
9 Q. And did you receive some instructions from
10 Mr. Schaffel regarding the filming on that second
11 phone conversation?
12 A. If I remember correctly, he informed me that
13 Janet, the mom, is going to -- is going to be in
14 L.A. She's in L.A. Therefore, we're going to shoot
15 this in L.A. He asked me if I can shoot that in my
16 house. I respond to him that if we can shoot it at
17 his house, but then he said he doesn't want them to
18 remember where he lives. So we ended up shooting at
19 my house.
20 Q. Mr. Schaffel said he didn't want who to know
21 where he lived?
22 A. I believe the family.
23 Q. So what did you do then?
24 A. I informed my crew that this production will
25 not take -- this shoot will not take place at
26 Neverland. I let them know that they should pack
27 the equipment. And then I got the three kids and we
28 drove back to my house. 7687
1 Q. After you spoke to Mr. Schaffel and learned
2 that the shoot was going to take place at your
3 house, did you have a conversation with Joe Marcus,
4 the Neverland Ranch manager?
5 A. If I remember correctly, I -- when I arrived
6 at Neverland, I let him know why I'm there, to shoot
7 this interview. Then later, I informed him that
8 it's not going to happen here at Neverland, it's
9 going to be at my house, and I'm taking the kids
10 with me.
11 Q. Did you tell him that you were going to do
12 the shoot with the mother and the kids?
13 A. I believe so.
14 Q. What was Mr. Marcus's reaction when you told
15 him that you wanted to take the kids off of
17 MR. MESEREAU: Objection; hearsay.
18 MR. AUCHINCLOSS: Offered in furtherance.
19 THE COURT: All right. I'm going to admit it
20 for the limited purposes previously discussed on the
21 conspiracy issue.
22 Q. BY MR. AUCHINCLOSS: What did Mr. Marcus
23 tell you when you informed him that -- of your
24 intent to take the children --
25 A. I believe he said --
26 Q. -- to your home?
27 A. I believe he said, “They're not allowed to
28 leave the property.” 7688
1 Q. You believe that or did --
2 A. I did --
3 Q. Do you remember what he said?
4 A. I remember he said, “They're not allowed to
5 leave the property.”
6 Q. At some point did you confront him with the
7 intent or did you confront him with the necessity to
8 have the children go down to your home to complete
9 the video shoot?
10 A. Well, at one point I believe I informed him
11 that the video that we were supposed to shoot at
12 Neverland, it's not going to take place, and it's
13 going to be at my house.
14 Q. Uh-huh.
15 A. So the kids are coming with me.
16 Q. Did he agree to anything at that time during
17 that first conversation with you in terms of letting
18 the kids off the property?
19 A. He agreed?
20 Q. Yes. Did he agree with you about anything
21 during that first conversation you had with Joe
22 Marcus where he told you that the kids are not
23 allowed off of the property?
24 A. What do you mean, did he agree? Do you mean
25 letting them go with me, or --
26 Q. Yes.
27 A. I don't remember hearing anything from him.
28 Q. Okay. What did you do then? 7689
1 A. Then I let the kids know that within, like,
2 15 minutes we're going to take off, “So get your
3 stuff ready.”
4 Q. What did you do in the next 15 minutes?
5 A. If I remember correctly, I went to help my
6 crew so we can pack the car, the equipment back to
7 the car, and take off.
8 Q. Did you see Joe Marcus again before you left
10 A. I believe I did.
11 Q. Did you talk to him about getting the kids
12 off the property?
13 A. I'm not sure if I had a conversation with
14 him about that, but he saw me leaving.
15 Q. All right. So you were allowed to leave
16 Neverland when you drove off the property, when you
17 wanted to leave the property?
18 A. Yeah, that's right.
19 Q. And how much time went by between the time
20 that you first told Joe Marcus -- or when Joe Marcus
21 first told you the kids are not allowed off
22 Neverland and the time that you actually drove off
23 of Neverland?
24 A. I would say approximately half an hour.
25 Q. When you went down to the theater to collect
26 your equipment, where was -- where did Joe Marcus
27 go, or where was he?
28 A. I don't know. 7690
1 Q. Did he come with you?
2 A. No.
3 Q. Do you know if he had any conversations with
4 anybody during that meantime?
5 A. I'm not sure.
6 Q. All right. So you took the kids, personally
7 you loaded them up in one of the vehicles?
8 A. That's correct.
9 Q. How many vehicles?
10 A. I took two vehicles of mine to Neverland.
11 Q. Okay. And which vehicle did the kids go in?
12 A. I had a Suburban for the equipment and the
13 crew, and a BMW for myself, basically.
14 Q. Okay. Which one did the kids go in?
15 A. The BMW.
16 Q. And you drove that?
17 A. That's correct.
18 Q. And did you drive straight to your home?
19 A. That's correct.
20 Q. About what time was it when you ultimately
21 arrived at your home?
22 A. Approximately 11:00-ish.
23 Q. And what did the children do during the
24 drive down from Santa Barbara?
25 A. We had some little conversations, and they
26 went to sleep.
27 Q. Your home is in Calabasas?
28 A. West Hills. 7691
1 Q. West Hills. So you arrived at your home
2 about 11:00. What did you do then?
3 A. I immediately started loading equipment to
4 the area that I was going to shoot, and let the kids
5 play with video games and things like that.
6 Q. Do you have some video games at your home?
7 A. Yeah.
8 Q. Some fancy ones?
9 A. Not really.
10 Q. Okay. So they played video games?
11 A. That's right.
12 Q. All three of them?
13 A. I guess the guys. She was -- I don't know
14 what she was doing. I don't remember exactly. But
15 she was there, too.
16 Q. Did they stay in one area of the house
17 during that period?
18 A. Yeah.
19 Q. And were your two assistants still with you?
20 A. Yes, they were.
21 Q. Was there anybody else at the house when you
22 first arrived, other than you, your assistants and
23 the Arvizo kids?
24 A. No. Just us.
25 Q. Did someone arrive at the house shortly
27 A. Yes.
28 Q. Who was that? Who was the first person to 7692
2 A. I believe was Christian Robinson, and
3 another gentleman by the name of Paul, which is an
4 associate of Marc Schaffel.
5 Q. Had you met Paul before?
6 A. Yes.
7 Q. On what occasion?
8 A. In the year 2001, Mr. Jackson did the
9 project “What More Can I Give?” And Paul was
10 involved somehow with that production helping
12 Q. Did you set up your equipment for the shoot?
13 A. At my house, yeah.
14 Q. During that period, did anybody else show up
15 at the house after Christian and Paul arrived?
16 A. Another gentleman; I believe was Brad
18 Q. Did he arrive by himself?
19 A. I believe so, yes.
20 Q. Had you ever seen Brad Miller before?
21 A. No.
22 Q. Have you ever seen him since that night?
23 A. No. On T.V., I guess, once.
24 Q. And he arrived by himself?
25 A. I believe so.
26 Q. Did you have any understanding of what Brad
27 Miller was doing at your home that night?
28 A. No. And I remember asking Christian who 7693
1 this guy is, and they said, “Don't worry about it.
2 It's just a private detective.”
3 Q. Have you ever done any video shoots where
4 there was a private detective invited to watch at a
5 home that the shoot occurred at?
6 A. No.
7 Q. Did you ever see Brad Miller do anything
8 that evening?
9 A. He was walking around my house.
10 Q. Did anybody else arrive at your home?
11 A. Vinnie and the mother.
12 Q. Janet Arvizo?
13 A. That's correct.
14 Q. Do you know about what time they arrived?
15 A. I would say towards midnight.
16 Q. All right. So how was the preparation going
17 at this point for the video shoot?
18 A. Well, me and my crew were setting up the
19 lighting. Mainly I'm doing the lighting,
20 background, sound and that kind of stuff. They're
21 bringing the equipment in.
23 And Janet was getting her makeup done. And
24 the kids were just, you know, playing with games and
25 stuff like that.
26 Q. Did anybody do Janet's makeup for her?
27 A. I don't believe -- she did her own makeup.
28 Q. And how did you feel at this point about 7694
1 this scene, if you can characterize it in terms of
2 the time, the people? Was there anything unusual
3 about this?
4 A. Well, timing was a little -- you know, kind
5 of getting late. Also having Brad Miller in my
6 house, I didn't really feel comfortable.
7 Q. Had you met Vinnie before?
8 A. Yes.
9 Q. And prior to the shooting of the video, did
10 you become aware of any problems that Janet had, any
11 additional problems that Janet expressed concerning
12 the shooting of the video?
13 A. I think there was a problem with the
14 contract or the release that they were asking her to
16 Q. Okay.
17 A. And if I remember correctly, Vinnie asked me
18 to use my fax machine and that kind of things.
19 Q. And you say “they” were having a problem
20 with her?
21 MR. MESEREAU: Objection; misstates the
23 Q. BY MR. AUCHINCLOSS: Well, I believe you
24 said, “...They were asking her to sign.” Who were
26 A. I believe it was Paul and Vinnie and
27 potentially Christian Robinson.
28 MR. AUCHINCLOSS: Okay. So if I could have 7695
1 the Elmo briefly, Your Honor.
2 Q. I'm showing you again Exhibit No. 194 which
3 you previously identified as your home. Can you
4 identify that perspective for me?
5 A. Yeah, this is a view of my living room.
6 Q. And does this area -- does this photograph
7 depict any area of the part of your home that was
8 used in the video shoot?
9 A. That's correct.
10 Q. Which area? Explain it to me.
11 A. This is where I set up the background.
12 Q. Uh-huh.
13 A. I believe the family were sitting
14 approximately in this area. And my camera was
15 like -- it's off of this frame, but about this area.
16 Q. You've indicated the background was in the
17 center of the carpeting, the carpet, or I should say
19 A. Right about there.
20 Q. And then the seating area was at the
21 front, between the two carpets?
22 A. About there.
23 Q. The two rugs. And then your camera was down
24 outside the frame of the picture?
25 A. Outside this frame.
26 Q. Below it.
27 Okay. And where were the boys and Davellin
28 during the period of the downtime when you were 7696
1 preparing the video shoot?
2 A. That's my T.V. set-up, so that's where they
3 were sitting. It's like a little coffee table and a
4 little video game stuff.
5 Q. Where was the discussion that was taking
6 place between Janet, Paul, Vinnie and possibly
8 A. In the other room, which is out of this
10 Q. Showing you Exhibit 193, would you identify
11 that area?
12 A. That's, well, like a billiard room, kind of.
13 Q. Is that the area you're saying that the
14 conversation took place in?
15 A. That's correct.
16 Q. Now, you said you have a fax machine?
17 A. That's correct.
18 Q. Where is your fax machine in your home?
19 A. Upstairs. I have three rooms upstairs, and
20 one of them's an office.
21 Q. Do you know which of those individuals went
22 upstairs? I believe you said Vinnie went and used
23 the fax. Anybody else?
24 A. Not that I remember. I think it was Vinnie.
25 Q. Thank you.
26 So how much time passed between the time
27 that Janet arrived at your home and the time that
28 you started shooting the video? 7697
1 A. I would say a couple of hours,
3 Q. How much time went by in which Janet was --
4 how long did this discussion take place between
5 Janet, Vinnie, Paul and possibly Christian?
6 A. I would say half an hour.
7 Q. How much time did it take for you to set up
8 the video equipment?
9 A. I would say hour to hour and a half.
10 Q. Did you hear any of the conversation between
11 Janet and these other parties about the consent
13 A. Did I hear any conversation?
14 Q. Yeah. You told us the general context of
15 the conversation. Did you hear any specifics about
16 what the issue was about signing this consent?
17 A. No, I did not.
18 Q. Can you tell me what Janet's demeanor was?
19 What was her -- what was her mood like? How did she
20 act about this?
21 A. About the --
22 MR. MESEREAU: Objection; foundation.
23 MR. AUCHINCLOSS: Well, that's fine. I can
24 lay a better foundation.
25 Q. You mentioned that Janet had a problem with
26 signing the consent form.
27 A. That's correct.
28 Q. Why do you say that? What do you base that 7698
2 A. Because I observed that they're looking at
3 the contract, and she was going through it, and
4 there was some, I guess, words that she was not
5 happy with or the content of this contract. And
6 then at one point Vinnie asked me to use my fax
7 machine, I guess to get faxed in or out, to redraft
8 that contract, some sort.
9 Q. During that period of time that you were
10 observing Janet and these individuals, did you have
11 a chance to see what her demeanor was like? Do you
12 know what I mean by “demeanor”?
13 A. Yeah, like an attitude?
14 Q. Yeah. What was her attitude like?
15 A. Um --
16 Q. Did you have a chance to notice that?
17 A. I was very busy setting up equipment, so I
18 didn't really pay attention to each individual's,
19 you know --
20 Q. Right.
21 A. -- attitude or whatever. She was, I guess,
22 normal. I guess. I don't know.
23 Q. Did she seem happy about it?
24 A. Um --
25 Q. About this thing they wanted her to sign?
26 A. She wasn't happy about the assignment, or I
27 mean the contract that she wanted to sign, as I
28 understood. 7699
1 Q. So ultimately you do the video shoot?
2 A. Yes.
3 Q. Do you know if she signed anything that
5 A. I believe she did.
6 Q. Did you see her sign something?
7 A. No, I did not.
8 Q. Okay. Why do you say you think she did?
9 A. Because it looks like Marc's people were
11 Q. Okay.
12 A. So --
13 Q. So you do the video shoot. Was it a
14 continuous shoot or were there segments?
15 A. I believe we shot one-hour interview, and
16 each of these professional tapes are 30 minutes. I
17 don't believe there were so many cuts in it, so we
18 continued rolling camera, basically. Maybe one or
19 two cuts in between, if any.
20 Q. So how much video footage did you shoot
22 A. I would say approximately an hour.
23 Q. At the conclusion of the -- of this project,
24 when you finished shooting it, what happened? After
25 you finished it, you've got the videotape. What
26 happened next?
27 A. Well, we wrapped equipment and everybody
28 left. 7700
1 Q. Okay. Did you see who left with whom?
2 A. Not specifically, no.
3 Q. Did you provide the videotape that you had
4 shot to anybody, any member of the group that had
5 come from -- well, did you give that tape to anybody
6 that night? Let me just put it that way.
7 A. No, I didn't.
8 Q. Did anybody want that tape?
9 MR. MESEREAU: Objection. Calls for
10 speculation; vague; foundation.
11 MR. AUCHINCLOSS: I can ask the question a
12 little better.
13 THE COURT: All right.
14 Q. BY MR. AUCHINCLOSS: Did somebody ask you
15 for that tape?
16 A. I believe Paul, Marc Schaffel's associate.
17 Q. Was there a discussion with Paul about him
18 getting the tape that night?
19 A. He asked me to turn him -- turn over the
20 tapes to him.
21 Q. Yes.
22 A. And I refused.
23 Q. Did anybody else ask you to turn those tapes
24 over, other than Paul?
25 A. Maybe Christian.
26 Q. Okay.
27 A. I'm not sure.
28 Q. Why did you refuse to turn the tapes over? 7701
1 A. Well, first of all, I wanted to make a copy
2 so in case -- as insurance, to have a second copy of
3 that tape. Also, there was some other issues that
4 were not resolved by then, so I kind of kept the
5 tape for that.
6 Q. At the conclusion of the evening, did you
7 spend some time with Janet, any time privately with
9 A. Yes, I did.
10 Q. When did that occur in relationship to the
11 end of the video shoot and everybody leaving?
12 A. It was towards the end of when everybody was
13 leaving. At the end of the shoot.
14 Q. Do you remember who was still at the home at
15 that time?
16 A. Everybody was there.
17 Q. Did you have a purpose in meeting her
19 A. Yeah.
20 Q. What was your purpose?
21 A. I -- I remember I gave her, like, a loan.
22 Q. Okay. What was -- let me back up.
23 During the period of time that you first
24 became acquainted with the Arvizos to the time of
25 this shoot, how many separate meetings would you say
26 you had with the Arvizo family?
27 A. Including the kids?
28 Q. Yeah. 7702
1 A. Six, seven.
2 Q. Did you get to know them?
3 A. Yeah.
4 Q. How did you feel about the Arvizo family?
5 MR. MESEREAU: Objection. Vague;
6 foundation; relevance.
7 THE COURT: Sustained.
8 Q. BY MR. AUCHINCLOSS: Did you at some point
9 that night decide to give Janet Arvizo a loan based
10 on your own desire?
11 A. Did I decide?
12 Q. Yeah.
13 A. Yeah.
14 Q. You did.
15 A. Yeah.
16 Q. Did Janet Arvizo ever ask you for any money?
17 A. No.
18 Q. Did she ever request anything from you?
19 A. No.
20 THE COURT: All right. We'll take our break
22 MR. AUCHINCLOSS: All right.
23 (Recess taken.)
24 Q. BY MR. AUCHINCLOSS: Okay. I think where we
25 left off, we were talking about --
26 THE BAILIFF: Is your microphone on?
27 MR. AUCHINCLOSS: It is now, yeah.
28 Q. We were talking about the end of the video 7703
1 shoot and your having this private conversation with
2 Janet. When you had that private conversation with
3 Janet, did you give her some money?
4 A. That's correct.
5 Q. And I think I've already asked you, did she
6 ever ask you for that money?
7 A. No.
8 Q. Whose idea was it to give Janet some money?
9 A. It was mine.
10 Q. During that period of time that you were
11 with the Arvizo family, did you form any kind of
12 affection for this family during this period of
14 MR. MESEREAU: Objection; relevance.
15 MR. AUCHINCLOSS: Goes to his --
16 MR. MESEREAU: And leading.
17 THE COURT: All right. The objection is
19 You may answer.
20 THE WITNESS: I kind of felt sorry when I --
21 about the whole family, about Gavin being -- you
22 know, being sick, and, you know, close to dying from
23 cancer, and that kind of thing.
24 So -- and then over the video shoot that we
25 had in, I believe, October 2000, I worked with Star
26 and Gavin very closely, so we became kind of, you
27 know, buddies --
28 Q. BY MR. AUCHINCLOSS: Okay. 7704
1 A. -- in a way.
2 Q. Okay. Were those the reasons why you did
3 this act?
4 MR. MESEREAU: Objection; leading.
5 MR. AUCHINCLOSS: I'll strike that.
6 Q. Did what you have just described have
7 anything to do with your decision to give Janet some
9 A. I'm sorry. Repeat that question one more
11 Q. You just described that you had some
12 affection for Gavin and Star and you were sad about
13 the hardship of Gavin's cancer.
14 Did your feelings towards the Arvizo family
15 have anything to do with your decision to give
16 them -- give Janet some money?
17 A. Yeah.
18 Q. Okay. And how much money did you give
20 A. $2,000.
21 Q. Did you envision that she would pay this
22 back some day?
23 MR. MESEREAU: Objection; leading.
24 THE COURT: Overruled.
25 THE WITNESS: Can I answer that?
26 Q. BY MR. AUCHINCLOSS: Yes, you can answer it.
27 A. Well, I told her that, “This is a loan, a
28 personal loan, from me to you, and pay me whenever 7705
1 you have the money.”
2 Q. And did you have a date that you envisioned
3 getting this money back by?
4 A. No. I left it up to her.
5 Q. During the period of time that you were
6 working on this rebuttal film, and I mean the entire
7 film, not just the portion with the Arvizos, did you
8 work with -- did you spend any time at Mr.
9 Schaffel's home?
10 A. Yes, I did.
11 Q. What did you do at Mr. Schaffel's home?
12 A. Mostly rough editing, meaning I would go
13 through Mr. Jackson's archival footage, find certain
14 footage from concerts to some other material. And
15 while we were creating this new footages for the
16 interviews, then I would make a rough cut. And then
17 the production company who was assigned to do this
18 entire video, Brad Lachman Productions, would do the
19 final editing.
20 Q. During this period of time, did you ever
21 have an opportunity to overhear Mr. Schaffel talking
22 on the phone?
23 A. As I remember, there were a couple of times
24 that I had, like, questions that I wanted to ask
25 Marc Schaffel, and I would walk from the room where
26 we set up the equipment, like the editing equipment,
27 to his office, and, you know, he would be on the
28 phone or things like that. 7706
1 Q. Did you ever hear him making any remarks
2 concerning getting people out of the country?
3 MR. MESEREAU: Objection. Leading;
4 foundation; move to strike.
5 THE COURT: Overruled.
6 You may answer.
7 THE WITNESS: If I remember correctly, one
8 occasion I walked into the room, and I think I heard
9 Schaffel saying, “We're going to get them out of the
11 Q. BY MR. AUCHINCLOSS: Do you remember hearing
13 A. To my best recollection, yes.
14 Q. Was there anything about the context of that
15 conversation that struck you as unusual?
16 A. Not at the time.
17 Q. Did you know what he was talking about?
18 A. Not at the time.
19 Q. Did you know who he was talking to?
20 A. No.
21 Q. So at some point you said that during 2003,
22 you were -- you ended your relationship as Mr.
23 Jackson's personal DP; is that correct?
24 A. Well, Mr. Jackson stopped calling and using
25 my service.
26 Q. Okay. Was there a specific date that was
27 associated with that change?
28 A. I think after that rebuttal documentary, 7707
1 “The Footage You Were Never Meant To See” --
2 Q. Yes.
3 A. -- I guess after that, basically that was
4 the last project that Mr. Jackson used my services.
5 Q. Were you ever terminated?
6 A. Terminated -- well, they just stopped using
7 my service.
8 Q. Were you ever informed that your services
9 were no longer required?
10 A. I received a letter from --
11 Q. That's “yes” or “no.”
12 A. Yes.
13 Q. Okay. So tell me, do you remember what date
14 that was?
15 A. I believe it was February 21st of 2003.
16 Q. And when did “The Footage You Were Never
17 Meant To See,” that rebuttal video, when did that
18 air on the network?
19 A. I believe it was February 20th of 2003.
20 Q. Did you watch it on T.V.?
21 A. Yes, I did.
22 Q. Did Mr. Jackson ever contact you after that?
23 A. If I remember correctly, the day after, he
24 called me. Mr. Jackson called me.
25 Q. And what was the substance of -- what was
26 the purpose of that phone call?
27 A. He thanked me for my good work.
28 Q. Did you have any conversations with him -- 7708
1 well, let me strike that.
2 Does Mr. Jackson still owe you the $250,000
3 that had been promised?
4 A. Part of this is paid, but there's still a
5 substantial amount of unpaid invoices that has not
6 been paid yet.
7 Q. Did you bring that up with Mr. Jackson?
8 A. I -- I believe I had one conversation to him
9 about my invoices not being paid. But I had
10 hundreds of conversation with his personal
11 assistant, his accountant, all his agents, including
12 his managers, and his lawyers.
13 Q. Okay. My question is, did you bring that up
14 to Mr. Jackson on the 20th when he called you -- or
15 was it the 21st --
16 A. The 21st.
17 Q. -- the 21st when he called you and said you
18 did a good job on the rebuttal video?
19 A. I believe I mentioned that for the very
20 first time that my invoices are not being paid.
21 Q. Okay. Later that day, did you receive a
22 communication from Mr. Jackson's attorney?
23 MR. MESEREAU: Objection; leading.
24 THE COURT: Overruled.
25 Yes, go ahead.
26 THE WITNESS: Yes, I did.
27 Q. BY MR. AUCHINCLOSS: What was his name?
28 A. David LeGrand. 7709
1 Q. And can you tell me what the substance of
2 that communication was?
3 MR. MESEREAU: Objection; hearsay.
4 THE COURT: Sustained.
5 Q. BY MR. AUCHINCLOSS: Can you tell me....
6 It's offered in furtherance, Your Honor.
7 THE COURT: Sustained.
8 Q. BY MR. AUCHINCLOSS: Is that the day that
9 you were terminated?
10 MR. MESEREAU: Objection. Misstates the
11 evidence; move to strike.
12 MR. AUCHINCLOSS: That's fair.
13 Q. Is that the day that you were informed --
14 THE COURT: Stricken.
15 Go ahead. Next question.
16 Q. BY MR. AUCHINCLOSS: Is that the day that
17 you were informed that your services were no longer
18 required by Mr. Jackson?
19 MR. MESEREAU: Objection; misstates the
21 THE COURT: Sustained.
22 Q. BY MR. AUCHINCLOSS: Were you ever informed
23 that your services were no longer required by Mr.
25 MR. MESEREAU: Objection; asked and
27 THE COURT: Sustained.
28 Q. BY MR. AUCHINCLOSS: When were you informed 7710
1 that your services -- when were you informed that
2 Mr. Jackson no longer needed your services?
3 MR. MESEREAU: Objection. Misstates the
4 evidence; leading; move to strike.
5 THE COURT: Overruled.
6 You may answer.
7 THE WITNESS: I believe was February 21st,
8 by a letter.
9 Q. BY MR. AUCHINCLOSS: Okay. How did you
10 receive that letter?
11 A. By fax.
12 Q. Was it before or after you spoke with Mr.
13 Jackson on the phone?
14 A. After.
15 Q. Did you continue to make any efforts to have
16 your outstanding bill paid by Mr. Jackson?
17 A. Yes, I did.
18 Q. What did you do?
19 A. I made several communications between Mr.
20 Jackson's accountant, managers, personal assistant,
21 and his lawyer, David LeGrand. I have provided them
22 with my invoices, and I basically let them know
23 that, you know, my invoices are not being paid and
24 they are due immediately. And it was failed.
25 Q. Did you ever make an attempt to contact Mr.
26 Jackson again personally about your outstanding
28 A. I remember I made a conversation with Mr. 7711
1 Jackson's personal assistant, Evvy, and I explained
2 to her that my invoices were promised to be paid at
3 certain date, and they are not, and that I'd like to
4 make a meeting with Mr. Jackson to discuss these
6 Q. So did you attempt to meet with Mr. Jackson?
7 A. I did.
8 Q. When was that?
9 A. The meeting was supposed to be, I believe,
10 February 26th of 2003.
11 Q. And how did you go about attempting to
12 contact Mr. Jackson on that date?
13 A. I believe I spoke to Evvy, Mr. Jackson's
14 personal assistant, and I was informed that Mr.
15 Jackson will come to L.A. from Florida at certain
16 date, and that I can meet with Mr. Jackson, have a
17 meeting with him and go through these issues.
18 Q. Did you go to Neverland that day?
19 A. I did.
20 Q. And was Mr. Jackson there?
21 A. When I arrived at Neverland, Mr. Jackson was
22 not there.
23 Q. What did you do?
24 A. I talk -- I spoke to, I believe, Joe Marcus,
25 and I told him the reason I'm in Neverland, to meet
26 with Mr. Jackson. And he informed me that Mr.
27 Jackson is on his way, coming home right now, so why
28 not just wait for him. 7712