1 in Miami, Michael had pointed out that the media
2 were bad people, which I come to find out different
3 now, and that the Germans had said they’re bad
4 people. I believed them.
5 When I got to my mom’s and I saw all those
6 offers and the constant phone calls, then it just
7 confirmed in my mind to what they had told me. And
8 that’s it. They’re just doing their job. And
9 that’s okay.
10 Q. Then why did you tell Frank they were
11 harassing you at your home?
12 A. I didn’t say they were harassing me.
13 Q. Never said anything like that in this
14 conversation, true?
15 A. No, I didn’t say “harassing.”
16 Q. Okay. All right.
17 (Whereupon, a portion of a CD, Defendant’s
18 Exhibit No. 809, was played for the Court and jury.)
19 Q. BY MR. MESEREAU: Now, you tell Frank about
20 the offers you received, right?
21 A. Uh-huh.
22 Q. And you, in effect, tell him you’re not
23 going to accept any of them, right?
24 A. Correct.
25 Q. And then you say --
26 A. Because that’s not in my nature.
27 Q. I understand that. We’ll get to the J.C.
28 Penney case and a few other things. 6438
1 MR. ZONEN: Objection; move to strike.
2 THE COURT: Stricken.
3 MR. ZONEN: It’s a gratuitous comment.
4 MR. MESEREAU: Withdrawn.
5 Q. You say here, “I know we’re family, Frank.
6 Me, you, me, my kids are family. You, Marie Nicole,
7 my kids, Baby Rubba are family. Michael, Marie
8 Nicole (inaudible), (Frank coughs). You, me, are
9 family and my parents. That’s all I got. So that’s
10 why when these German people...,” and then it’s
11 inaudible. Do you see that?
12 A. That’s correct.
13 Q. Now, this conversation is taking place after
14 you say you escaped from Neverland with Jesus, true?
15 A. Correct.
16 Q. You’re still calling Michael your family,
17 correct?
18 A. That’s correct, yes.
19 Q. You didn’t escape from Neverland at all, did
20 you?
21 A. Oh, yes, I did.
22 Q. And how many times did you go back after
23 your first escape?
24 A. Be more specific, please.
25 Q. How many times did you return to Neverland
26 after your first escape?
27 A. After I was convinced by Frank, believing
28 that they were good people, I went back probably -- 6439
1 well, they’ve broken it down for you guys in a
2 period of two days. So, let me see.
3 I went back with -- with Chris immediately.
4 Came back that same day. And then when Vinnie took
5 me back, and that’s it. I think. I’m trying to be
6 summarizing those two days’ worth of information.
7 Q. Well, it’s a total of approximately three
8 escapes, isn’t it?
9 A. Are you including the one where I
10 permanently left and never went back?
11 Q. Yes, and maybe it’s four escapes. How many
12 times do you escape from Neverland?
13 A. I’m asking you. I’m asking you. Please.
14 Q. I’m asking you how many times, in your mind,
15 you escaped from that dungeon Neverland?
16 MR. ZONEN: I’m going to object as
17 argumentative.
18 THE COURT: Sustained.
19 Q. BY MR. MESEREAU: How many times did you
20 escape from Neverland, Miss Arvizo?
21 MR. ZONEN: Objection; asked and answered.
22 THE COURT: Overruled.
23 You may answer.
24 THE WITNESS: Thank you.
25 With Jesus. With Chris. And then the last
26 time. And that’s the best I can remember.
27 Q. BY MR. MESEREAU: And during the period of
28 these escapes, you’re constantly referring to 6440
1 Michael as family to you, right?
2 A. Prior?
3 MR. ZONEN: Objection; vague as to “during
4 the period of.”
5 MR. MESEREAU: I’ll rephrase it, Your Honor.
6 THE COURT: All right.
7 MR. MESEREAU: I’ll withdraw it.
8 Q. Between the first and the last escape from
9 Neverland, you were still referring to Michael as
10 your family, right?
11 A. Prior to Jesus taking me, my kids and me,
12 back to El Monte to my parents’ house, I thought he
13 was still a good guy. I was confused and I was sad
14 at that moment because I did not know the events or
15 what’s happened. Now I know a lot. But in that
16 period I only thought it was the Germans. That’s
17 it.
18 Now, after, when Chris brought me back, I
19 knew now things are problematic, things that are
20 arising, so I’m still clueless. But as time
21 evolves, I’m finding out more and more things. Now
22 today, I know different.
23 Q. Ms. Arvizo, getting back to the leg wax that
24 you had on February 11th, 2003, the day of your
25 escape, you had a full leg treatment, a brow
26 treatment, a lip treatment, a face treatment and a
27 bikini wax; is that correct?
28 A. That’s incorrect. 6441
1 Q. Would it refresh your recollection to look
2 at the receipt?
3 A. It wouldn’t refresh my recollection because
4 I know my recollection. It’s solely a leg wax. If
5 they’ve manipulated it, that’s what they have done.
6 Q. The total cost was $140, correct?
7 A. Like I say, it was only a leg wax.
8 Q. Would it refresh your recollection to just
9 look at the copy of the receipt?
10 A. I’m telling you, it was only a leg wax. He
11 has the ability to choreograph everything.
12 Q. How about you, Ms. Arvizo?
13 A. No.
14 Q. Okay. You don’t want to even look at the
15 receipt?
16 A. No, because I’m telling you, it was only a
17 leg wax.
18 Q. And who paid for that?
19 A. I paid for it. The reason is, they deducted
20 it from the items they lost or stolen that were
21 taken from me from the Miami trip.
22 Q. Who paid for your treatment at the salon?
23 A. I did, because that was their effort in
24 replacing the items that were lost and stolen from
25 the bags that I had in Miami.
26 Q. Did you pay the person at the salon your own
27 money?
28 A. Like I said, the condition here was that 6442
1 they were deducting it from the items that they had
2 lost or stolen from me.
3 Q. Did you pay the person at the salon any
4 money?
5 A. I just answered that.
6 Q. Did you take money of your own and give it
7 to anyone at the salon on that day, Miss Arvizo?
8 A. No.
9 Q. Who did?
10 A. I don’t know. I don’t know. That was taken
11 care of by the Germans in the process of doing their
12 positive PR, which there was a film crew. It would
13 be good to show that.
14 Q. We’ll talk about that. Okay.
15 (Whereupon, a portion of a DVD, Plaintiff’s
16 Exhibit 809, was played for the Court and jury.)
17 Q. BY MR. MESEREAU: Now, Frank asks you to be
18 interviewed for a documentary about Michael Jackson,
19 correct?
20 A. Correct.
21 Q. This is after your escape with Jesus,
22 correct?
23 A. Yes, it is.
24 Q. And he tells you he’d like to do a
25 documentary and would like you to say “nice
26 things” - actually, he used the word “beautiful” -
27 “about Michael,” right?
28 A. This is correct. 6443
1 Q. And you say, “Oh, I would. That’s all I
2 have to say.” Frank says, “You” -- and then you
3 say, “Me and the kids, that’s all we have to say.”
4 Correct?
5 A. This is correct. In this period, I only
6 thought it was the Germans that were problems.
7 Q. Are you still telling the jury that
8 everything you said nice about Michael on the
9 rebuttal tape was from a script?
10 A. Yes.
11 Q. And if it hadn’t been for that script, you
12 wouldn’t have said beautiful things about Michael,
13 right?
14 A. Could you say that again?
15 Q. Are you telling the jury that when you did
16 the rebuttal video, you and the kids, and you said
17 nice things about Michael Jackson, you were doing it
18 all from a script? Yes or no, Miss Arvizo.
19 A. Well, you lost me now.
20 Q. I will rephrase it.
21 A. Okay.
22 Q. In this conversation that you didn’t know
23 was recorded --
24 A. Correct.
25 Q. -- Frank’s asking you --
26 A. That was illegally recorded.
27 Q. Thank you.
28 In this conversation where you are 6444
1 recorded --
2 A. Illegally.
3 Q. I understand your position.
4 A. Okay.
5 Q. -- you tell Frank that all you and your
6 family had to say in a documentary are beautiful
7 things about Michael Jackson, true?
8 A. Yes. That is correct.
9 Q. Yet, you’ve also told the jury that when you
10 did the documentary, all the good things you said
11 about Mr. Jackson were scripted, correct?
12 A. In the document -- in the thing, the
13 rebuttal that they did, the whole entire thing --
14 I know I have a problem speaking. I’m trying to do
15 my best.
16 The whole thing, from the beginning to the
17 end, including outtakes, it was all scripted
18 material. All of it. You didn’t have to do that at
19 this point. I would have done it on my own.
20 But -- prior to that, because I thought it was only
21 the Germans.
22 But from the period that they did this, now
23 this is scripted, now things have elevated. But in
24 this, at this moment in time, yes, I would have.
25 But now? Have another rebuttal, and I’ll
26 speak freely. Have another audiotape with Brad
27 Miller. I’ll speak freely now.
28 Q. I understand. But at this point in time 6445
1 after your first escape, you had nothing but nice
2 things to say about Michael Jackson?
3 A. That is correct. I only thought it was the
4 Germans.
5 Q. And you were ready to do a documentary about
6 Michael Jackson where all you had were beautiful
7 things to say, correct?
8 A. And only if the things wouldn’t have been
9 dictated of exactly what to say. Only if. That’s
10 the only problem I had; that they want -- they
11 wanted me to say things that were scripted, exactly
12 what they wanted to say. Because I -- I felt what’s
13 wrong with telling the truth? And at that moment,
14 that was the truth.
15 Q. And everything you said --
16 A. And now I know different. It was happening
17 right underneath my nose.
18 Q. Miss Arvizo, everything you said on that
19 rebuttal tape was scripted; is that what you’re
20 saying?
21 A. Every single thing.
22 Q. We will get to the rebuttal.
23 A. Even the outtakes.
24 MR. SANGER: Ready?
25 MR. MESEREAU: Yeah.
26 (Whereupon, a portion of a CD, Plaintiff’s
27 Exhibit 809, was played for the Court and jury.)
28 Q. BY MR. MESEREAU: Now, you complained to 6446
1 Frank that the Germans are trying to dictate to you
2 what to say, right?
3 A. I didn’t complain. I expressed myself.
4 Q. Is that what you expressed to him?
5 A. Yes. Because they were trying to dictate to
6 me exactly what to say. For example, also the
7 charitable act. They wanted me to say that me,
8 Michael, my children had went to Germany and gave to
9 German orphans. That’s what they said.
10 I’m not going to do that. What’s wrong with
11 the truth at that point? I thought he was a good
12 guy. Now I know different.
13 Q. Miss Arvizo, at any time in that rebuttal
14 tape, did you talk about going to Germany and
15 dealing with orphans, per the script?
16 A. No. Obviously they eliminated that.
17 Q. Okay.
18 A. Or maybe I forgot. I don’t know.
19 Q. I understand.
20 A. I was -- like I told you, I got in trouble
21 for not doing exactly what they said, so that’s why
22 the process of leaving out of the country had to
23 happen.
24 Q. Right. I understand.
25 A. You’re correct, I did an inadequate job.
26 I’m a poor actress. You’re right.
27 Q. I think you’re a good one.
28 MR. ZONEN: I’m going to move to object. 6447
1 Ask the Court to admonish counsel.
2 THE COURT: I’ll admonish counsel not to make
3 those remarks.
4 MR. MESEREAU: I will --
5 THE COURT: Admonish the jury to disregard
6 such a remark.
7 I expect more professional behavior from
8 you.
9 MR. MESEREAU: I apologize, Your Honor.
10 I withdraw it.
11 THE COURT: (To the witness) And you must
12 only answer his questions. You’re not to get into
13 arguments with him. It’s as much your fault. Do
14 you understand that?
15 THE WITNESS: Yes, sir.
16 Q. BY MR. MESEREAU: You said that to Frank,
17 that what you say in the documentary has to come
18 from the heart, right?
19 A. Yes. I said -- yes, I did. I said, “Think
20 with your heart, not your head.” Because our heart
21 has a lot of pure things in there.
22 Q. And when you said the things you said about
23 Michael Jackson on that rebuttal video, you were, in
24 fact, speaking from the heart, right?
25 A. It was all scripted.
26 MR. MESEREAU: Okay. Let’s keep going.
27 (Whereupon, a portion of a CD, Plaintiff’s
28 Exhibit 809, was played for the Court and jury.) 6448
1 Q. BY MR. MESEREAU: Now, you said you didn’t
2 like someone named Mark Ratner, right?
3 A. Uh-huh.
4 Q. Mark Ratner was a director on the Rush Hour
5 movie, true?
6 A. Incorrect.
7 Q. Who was Mark Ratner?
8 A. I came to find out afterwards that it was
9 Marc Schaffel.
10 Q. Well, you talked about Mark Ratner.
11 A. There is no Mark Ratner. There’s only Brett
12 Ratner.
13 Q. And --
14 A. And I hadn’t --
15 Q. And who is Brett Ratner?
16 A. And I haven’t spoke to Brett Ratner since my
17 children were with Chris, since 2001. I think --
18 wait, 2000 -- I think it was January of 2001.
19 Q. Brett Ratner was the director on the Rush
20 Hour movie, right?
21 A. Yes.
22 Q. And where did you first meet him?
23 A. I met him for about -- Chris had taken the
24 children to -- that’s when he was doing the filming
25 for Rush Hour 2. It was on the set.
26 Q. Did you ever see him at Neverland?
27 A. I never saw him at Neverland.
28 Q. Did you ever learn that Gavin had seen him 6449
1 at Neverland?
2 A. Yes, I came to find out that afterwards.
3 Q. And did you learn that Gavin had asked him
4 to take Gavin to Florida to see Michael? Did you
5 ever learn that?
6 A. You are -- you are -- I have a lot of
7 thoughts in my heart about you.
8 But he’s incorrect.
9 Q. Did you ever learn such a thing? Yes or no.
10 A. What I learned afterwards is that Brett
11 Ratner, while I was over here in Los Angeles, and
12 Dieter had cornered my son, including with Michael,
13 to have him sign a piece of paper. That’s what I
14 learned while I was over here in Los Angeles.
15 Q. Did you ever learn that Gavin wanted to go
16 to Florida to see Michael, and Brett Ratner wouldn’t
17 permit it?
18 A. That’s incorrect.
19 Q. Okay.
20 A. Because Brett Ratner, Dieter and Michael
21 were all there in Michael’s house.
22 Q. Were you there?
23 A. My children were there.
24 Q. Were you there?
25 A. I wasn’t there.
26 Q. Now, you talk about the Germans keep trying
27 to push Michael Jackson to drink. Do you see that?
28 A. Yes. How foolish I was. I thought he 6450
1 didn’t drink. And they choreographed the little
2 scene in front of me where they were pretending like
3 he doesn’t drink, and he doesn’t even drink Pepsi,
4 and I fell for that. I did. Now I know a lot of
5 things.
6 Q. You complained that the Germans are trying
7 to get Michael Jackson to drink alcohol, right?
8 A. Yes. Like I said, I fell for it, their
9 little choreography. I thought he didn’t drink.
10 They pointed out he didn’t drink an ounce of
11 alcohol, not even Pepsi, and I fell for it. Yes, I
12 did.
13 Q. When you fell for this, how many times had
14 you stayed at Neverland?
15 A. This is the period before I left with Jesus.
16 This is this period.
17 Q. When you fell for this, how many times had
18 you stayed at Neverland?
19 A. This is the period before I left with Jesus.
20 Q. Okay. And did you watch the people you
21 refer to as the Germans trying to get Michael to
22 drink?
23 A. Yes. Michael was part of this choreography.
24 Michael had pointed out that he doesn’t drink, and
25 the Germans said he doesn’t drink and that he
26 doesn’t even drink Pepsi. He was going, “No, no.”
27 And now I know different. Now I know that
28 Neverland’s all about booze, pornography and sex 6451
1 with boys.
2 MR. MESEREAU: Move to strike her comments
3 as self-serving.
4 THE COURT: They’re stricken. The jury is
5 admonished to disregard those remarks.
6 (Whereupon, a portion of a CD, Plaintiff’s
7 Exhibit 809, was played for the Court and jury.)
8 Q. BY MR. MESEREAU: Now, Frank says there are
9 evil people out there, and you agree with him,
10 correct?
11 A. Yes, I believed him.
12 Q. Okay. And he talks about making some
13 arrangements because you’re not safe, right?
14 A. That’s correct.
15 Q. And you thank him, correct?
16 A. Let me see. I’m just being appropriate.
17 Q. You’re just being --
18 A. I have manners.
19 Q. You’re just being well-mannered?
20 A. I’m just having manners, because as you can
21 recall, I had left -- I believed what he had said.
22 MR. MESEREAU: Your Honor, can I move to
23 strike her comments?
24 THE WITNESS: So I went to Jay Jackson’s
25 house instead of going back.
26 THE COURT: Just a moment.
27 All right. I’ll strike after she said, “I’m
28 just having manners.” 6452
1 Q. BY MR. MESEREAU: When you agreed with Frank
2 that he should make arrangements because you weren’t
3 safe, you were just being well-mannered, correct?
4 A. At this point, I’m being only well-mannered,
5 and I didn’t agree. I was -- he was convincing me.
6 Q. I see. Okay. All right.
7 (Whereupon, a portion of a CD, Plaintiff’s
8 Exhibit 809, was played for the Court and jury.)
9 Q. BY MR. MESEREAU: Now, you get back on the
10 line with Frank and he says, “How can I get in touch
11 with you, because I know sometimes your lines are
12 always busy.”
13 And you say, “Yeah, it’s like people are
14 calling like crazy, you know?”
15 Who are you referring to?
16 A. This is correct. A lot of people were
17 calling. They were interested in my son Gavin.
18 Q. And you were complaining to Frank about
19 that, correct?
20 A. No, I’m not complaining. This is in the
21 midst of a conversation. I didn’t call him. He
22 called me. Many times.
23 Q. Did you ever complain to Frank that people
24 were calling you like crazy?
25 A. I stated to him -- the word here is, “Yeah,
26 it’s like people are like calling crazy, you know.”
27 MR. MESEREAU: Let’s keep going.
28 (Whereupon, a portion of a CD, Plaintiff’s 6453
1 Exhibit 809, was played for the Court and jury.)
2 Q. BY MR. MESEREAU: Now, Frank says to you,
3 “I’m going need to get through to you and talk to
4 you, because I want to get you out of there.
5 It’s -- I don’t think -- I don’t want you -- I don’t
6 think it’s safe.”
7 And Miss Arvizo, you respond, “It’s not.
8 It’s like it’s crazy. Can I read you one of the
9 letters? It’s like there are all kinds of things,
10 and it’s of no interest to me, because family never
11 leaves family behind.”
12 Do you see where you said that?
13 A. Yes, I do.
14 Q. You don’t refer to any death threats at all,
15 do you?
16 A. No, I don’t.
17 Q. You say it’s not safe, and you talk about
18 all the letters you’re getting. No reference to one
19 single death threat --
20 A. That’s because --
21 Q. -- is that correct, Miss Arvizo?
22 Just please answer my question, if you can.
23 A. Yes, that’s correct.
24 Q. Okay.
25 A. You don’t have to raise your voice. I’m
26 here listening.
27 Q. I’m sorry. I’m sorry.
28 And then you say, “Family never leaves 6454
1 family behind, you know,” right?
2 A. That’s correct.
3 Q. You still consider Michael to be your
4 family, right?
5 A. That’s because of the initial meeting where
6 he said --
7 Q. Yes or no?
8 A. -- “Family never leaves family behind.”
9 Q. You still considered Michael --
10 A. At this point?
11 Q. -- to be part of your family?
12 A. He called himself family, and it --
13 basically, like I said, people 50 or over have a
14 tender spot in my heart. Sometimes --
15 MR. MESEREAU: May I object to the colloquy?
16 Move to strike.
17 THE COURT: Sustained.
18 Do you want to read the question back? Read
19 the question to her.
20 (Record read.)
21 THE WITNESS: I considered him to be like
22 family.
23 MR. MESEREAU: Okay.
24 (Whereupon, a portion of a CD, Plaintiff’s
25 Exhibit 809, was played for the Court and jury.)
26 Q. BY MR. MESEREAU: Frank says to you, Ms.
27 Arvizo, “For your safety, and if we were to put a
28 secur -- maybe have somebody 24 hours outside your 6455
1 house, protecting your house from people, would you
2 mind if we do that?” And your answer is, “No.”
3 Right?
4 A. My answer is, “No,” I don’t want that.
5 MR. MESEREAU: Keep going.
6 (Whereupon, a portion of a CD, Plaintiff’s
7 Exhibit 809, was played for the Court and jury.)
8 Q. BY MR. MESEREAU: Now, Ms. Arvizo, after
9 Frank says, “Maybe have somebody 24 hours outside
10 your house, protecting your house from people, would
11 you mind if you do that?” And you say, “No,” you
12 then talk about how your children’s school is
13 bombarded; correct?
14 A. Yes, this is because Michael and the Germans
15 had told me that.
16 Q. Well, you didn’t say that now, did you?
17 A. I did say that.
18 Q. You’re in Los Angeles when you make this
19 comment, aren’t you?
20 A. No, it’s correct. I’m telling you -- you
21 want to know the information. You weren’t there; I
22 was. Michael and the Germans had told me that.
23 MR. MESEREAU: May I ask -- would the Court
24 instruct the witness just to respond to my question?
25 THE WITNESS: I am responding.
26 THE COURT: You must listen to the question
27 and answer the question, and not try to advance
28 beyond the question. 6456
1 THE WITNESS: Okay.
2 Q. BY MR. MESEREAU: You say to Frank, “So I
3 have my kids here, and the school is completely
4 cooperating with giving, like, me to work.” He
5 says, “Okay.” And you say, “My children’s school is
6 like bombarded,” correct?
7 A. This is correct.
8 Q. Frank goes, “I know,” right?
9 A. That’s correct.
10 Q. Then you say, “I didn’t go to the other
11 apartment. It’s like crazy over there,” correct?
12 A. This is correct.
13 MR. MESEREAU: Let’s keep going.
14 (Whereupon, a portion of a CD, Plaintiff’s
15 Exhibit 809, was played for the Court and jury.)
16 Q. BY MR. MESEREAU: You then tell Frank about
17 the apartment in East Los Angeles, correct?
18 A. This is correct.
19 Q. You tell him it’s on North Soto Street,
20 right?
21 A. That’s right.
22 Q. And after telling him that your children’s
23 school is, like, bombarded, and that the other
24 apartment, it’s like crazy over there, you tell him
25 that you didn’t go to Soto Street. You went
26 straight to your mom’s house, true?
27 A. This is -- this is correct. I told him I
28 came straight here to my mom’s house from Neverland, 6457
1 to my mom’s house, because I believed what the
2 Germans and Michael had said.
3 Q. Okay.
4 A. And I’m repeating what they said --
5 Q. I see.
6 A. -- to Frank.
7 Q. That’s your explanation for those comments,
8 correct?
9 A. This is -- this is accurate information.
10 MR. MESEREAU: Okay. Let’s keep going.
11 (Whereupon, a portion of a CD, Plaintiff’s
12 Exhibit 809, was played for the Court and jury.)
13 Q. BY MR. MESEREAU: Now, Miss Arvizo, after
14 talking about how your children’s school is
15 bombarded, and it’s crazy over at Soto Street, and
16 that you’ve gone to your mom’s house and didn’t go
17 to Soto Street, Frank says to you, “What if we were
18 to take you to a church up there? Because it’s just
19 really important. You’re going to have to have
20 somebody stay outside your house and watch you, your
21 house, protect and make sure nobody comes to your
22 house. Oh, I want to take you up to the ranch just
23 for your safety and your family.”
24 And your response to that statement is, “Do
25 you have a cell number, Frank?” And he says, “Yes.”
26 At no time do you say you don’t want any of
27 that protection, do you?
28 A. At no time does it say a “Yes.” 6458
1 Q. Your response to his statement about giving
2 you protection is, “Can I have your cell number?”
3 Right?
4 A. I just said, “Do you have” -- and prior to
5 that, you said something about church. I have never
6 missed Ash Wednesday. Never.
7 MR. MESEREAU: Objection; move to strike.
8 THE WITNESS: And when I was in Neverland,
9 they didn’t take me to church. I missed Ash
10 Wednesday.
11 THE COURT: Just a moment.
12 I will strike that, those remarks. But,
13 Counsel, your question was so long and lengthy, one
14 wonders what one should comment on in it.
15 MR. MESEREAU: Okay.
16 THE COURT: And I’ll ask you to refrain from
17 that type of question. It’s causing problems here.
18 MR. MESEREAU: Yes. I’ll rephrase it, Your
19 Honor.
20 Q. Miss Arvizo, referring you to Frank Cascio’s
21 statement, it begins with “What if we were...,” do
22 you see that?
23 A. Okay.
24 Q. He says to you, “What if we were to take you
25 to a church up there,” right?
26 A. That’s correct.
27 Q. “Because it’s just really important,” right?
28 A. Uh-huh. 6459
1 Q. And it says -- it says, “Inaudible,” right?
2 A. Yes.
3 Q. And then he says, “You’re going to have to
4 take somebody” -- excuse me. “You’re going to have
5 to have somebody stay outside your house and watch
6 you,” right?
7 A. Correct.
8 Q. He says, “Your house,” right?
9 A. Uh-huh.
10 Q. Then he says, “Protect and make sure nobody
11 comes to your house,” right?
12 A. Correct.
13 Q. “Oh, I want to take you up to the ranch just
14 for your safety and your family.” Do you see that?
15 A. Correct.
16 Q. And your response to that is, “Do you have a
17 cell number, Frank?” Right?
18 A. That’s it.
19 Q. And he says, “Yes.”
20 A. And it’s not --
21 Q. Right?
22 A. And it’s not a “yes” from me.
23 Q. And it’s not a “no” either, is it?
24 MR. ZONEN: It’s argumentative; objection.
25 THE WITNESS: He’s convincing me.
26 THE COURT: Excuse me, Counsel?
27 MR. MESEREAU: Objection; argumentative.
28 THE COURT: Sustained. 6460
1 MR. MESEREAU: Let’s keep going.
2 (Whereupon, a portion of a CD, Plaintiff’s
3 Exhibit 809, was played for the Court and jury.)
4 Q. BY MR. MESEREAU: Going further into this
5 taped phone conversation --
6 A. And notifying that there’s also numerous
7 tape breaks.
8 Q. I understand.
9 You say to Frank, “Is there a way I can get
10 back to you, Frank?” Do you see that?
11 A. Yes, I see that. I’m being polite.
12 Q. I understand.
13 And Frank --
14 A. Because I not once - and when you see those
15 subpoenaed phone records - called him back during
16 this period.
17 Q. And you say, “Call you” --
18 Your Honor, may I move to strike the
19 witness’s comments?
20 THE COURT: I’m not going to strike it. The
21 last question listed is you just saying, “I
22 understand,” and then she starts talking. So there
23 was no question and --
24 MR. MESEREAU: Okay.
25 Q. Miss Arvizo, you say to Frank, “Is there a
26 way I can get back to you, Frank?” Correct?
27 A. Correct.
28 Q. Frank says, “Call you if there is an 6461
1 emergency,” right?
2 A. Correct. And there’s also a tape break.
3 Q. Yes. And then you say, “Okay, I have no
4 control (another phone is heard ringing) Frank.
5 People call and call. So when they call, it sounds
6 busy to whoever else. “ Do you see that?
7 A. This is correct.
8 Q. Frank says, “Okay.” And then you say, “This
9 is my mom’s number.”
10 A. Yes, I was at my mother’s house.
11 Q. You gave Frank your mom’s phone number,
12 true?
13 A. I gave Frank my mom’s phone number? No.
14 Q. All right.
15 A. He himself had it.
16 Q. Okay.
17 (Whereupon, a portion of a CD, Plaintiff’s
18 Exhibit 809, was played for the Court and jury.)
19 Q. BY MR. MESEREAU: You said to Frank, “Don’t
20 worry, Frank, we’re a family, okay?” Do you see
21 that?
22 A. Oh, I see it right here.
23 Q. Frank says, “Okay.” Do you see that?
24 A. Yes.
25 Q. You say, “Michael’s family to me.” Then
26 it’s inaudible. “My kids call him Daddy Michael.”
27 Do you see that?
28 A. That’s correct. This is correct. 6462
1 Q. Then he says, “But -- but Janet, you
2 understand like how we have to protect you and
3 Michael, Gavin and your kids. That’s why I’m so
4 concerned.” Do you see that?
5 A. Yes.
6 Q. And then you respond to Frank, “That’s why
7 the German people said, ‘You need no protection.
8 You’re nobody’ --
9 A. Yes.
10 Q. -- “you know?”
11 And you say -- and Frank says, “No, that’s
12 not true,” correct?
13 A. Correct. Do you want me --
14 Q. I’d like to ask you just some questions, if
15 I can, all right?
16 A. Okay. Sure.
17 Q. You complain to Frank that the German people
18 said you didn’t need protection, because you’re a
19 nobody, right?
20 A. No. It’s -- it says, “That’s why the German
21 people say, “I need no protection. You’re nobody,’
22 you know?”
23 Q. And then Frank then responds, “No, that’s
24 not true,” correct?
25 A. Correct. Correct. But do you want
26 information on this statement?
27 Q. Did the German people tell you you don’t
28 need protection, you’re a nobody? 6463
1 A. Yes, they sure did.
2 Q. We’ll move further on.
3 A. When they had me sign the paper --
4 Q. Correct?
5 A. Oh, then he doesn’t want you to know.
6 THE COURT: Just a moment. Just a moment.
7 Listen to the question and answer it. You’re going
8 beyond the question. I’ve asked you not to do that.
9 THE WITNESS: Okay. This is just so hard,
10 Judge. For two years I’ve been waiting.
11 THE COURT: I’ll strike that remark.
12 Go ahead, Counsel.
13 MR. MESEREAU: Let’s go.
14 (Whereupon, a portion of a CD, Plaintiff’s
15 Exhibit 809, was played for the Court and jury.)
16 THE COURT: Counsel? I’m sorry to break your
17 concentration, but I want to explain something to
18 the jury.
19 MR. MESEREAU: Sure.
20 THE COURT: If you need to start over on
21 that, you can.
22 (To the jury) During the course of this
23 trial, quite often I have said, “I’ll strike that.”
24 The purpose in doing that is twofold: One is to
25 tell you you’re not to consider that, whether it’s
26 testimony, whether it’s remarks by an attorney,
27 whether it’s remarks by a witness. And it also is
28 reflected in the record. 6464
1 Later, when you’re deciding this case and
2 you’re in the jury room, you may want to have
3 testimony read back. And when testimony is read
4 back to you, you don’t -- that’s not there. It is
5 stricken at that time, so the court reporter reads
6 it to you, she sees that it’s stricken, she doesn’t
7 read all of that to you.
8 So it may seem strange that I just say
9 “Strike that.” But what it really means always is,
10 if I say “strike it,” don’t consider it. Don’t
11 discuss it in your deliberations. It’s sort of like
12 asking you to unring a bell that you’ve heard ring,
13 but as intellects, we are -- you know, we are
14 capable of deciding the case on information that’s
15 admissible and not on information that’s not
16 admissible, right?
17 Everybody on the jury understand that?
18 THE JURY: (In unison) (Nods head up and
19 down.)
20 THE COURT: All right.
21 MR. MESEREAU: Thank you, Your Honor.
22 THE COURT: Did you want to -- since I
23 interrupted you, did you want to play that section
24 back, or are you okay?
25 MR. MESEREAU: I think we’re okay, Your
26 Honor. Appreciate it. Thank you.
27 Q. Miss Arvizo, you constantly complain about
28 the German people in this conversation, right? 6465
1 A. This is correct.
2 Q. And going back to the portion that we just
3 played, Frank tells you the following: “No, don’t.
4 Listen, ah, you don’t have to talk to them. Just
5 talk to me, talk to Michael, and I’m going to
6 arrange everything. But it’s either we’re going to
7 have to have somebody at your house this weekend or
8 we’re going to have to take you to the ranch. This
9 way Michael -- Michael wants to see you. He’s -- he
10 was almost -- he didn’t know what happened. He
11 thought he did something and he was trying to get in
12 touch with you. And I said, ‘Don’t worry, I’ll take
13 care of this.’ So --”
14 And your response to that statement is,
15 “Tell him he’s our family,” right?
16 A. That is correct.
17 Q. You never object to having security at your
18 house, as Frank proposes, right?
19 A. I didn’t -- I never said “Yes.”
20 Q. Okay.
21 (Whereupon, a portion of a CD, Plaintiff’s
22 Exhibit 809, was played for the Court and jury.)
23 Q. BY MR. MESEREAU: Going further, you keep
24 complaining about the German people.
25 A. Uh-huh.
26 Q. Frank says to you, “You don’t have to talk
27 to them,” right?
28 A. Correct. 6466
1 Q. You say, “I thought like everything, my
2 family was in jeopardy,” correct?
3 A. This is correct.
4 Q. Frank responds, “No,” right?
5 A. Yes.
6 Q. And your response to that is, “Meaning us
7 being with Michael and Michael being with us,
8 correct?
9 A. Yes.
10 Q. What you said to Frank was you were
11 concerned about your family not being with Michael
12 and Michael being with your family, true?
13 A. I said, “I thought like everything, my
14 family, was in jeopardy.”
15 Q. And then you say, “Meaning us being with
16 Michael and Michael being with us”?
17 A. Yes. I will never say no to love.
18 MR. MESEREAU: Objection. Objection to
19 her -- move to strike the remarks.
20 THE COURT: I’m sorry, I don’t understand the
21 question or the answer.
22 Would you just ask another question?
23 MR. MESEREAU: I’ll ask another question,
24 yes, Your Honor.
25 Q. Frank says, “You don’t have to talk to the
26 German people,” and you say to him, “I thought like
27 everything, my family, was in jeopardy,” right?
28 A. Yes. 6467
1 Q. And then you say, “Meaning us being with
2 Michael and Michael being with us,” correct?
3 A. This is correct.
4 Q. After your escape with Jesus, you still want
5 Michael to be with your family, and your family to
6 be with him, true?
7 A. Yes. I thought it was all --
8 MR. MESEREAU: Objection, Your Honor.
9 THE WITNESS: I believed what he said in
10 Miami.
11 THE COURT: Just a moment.
12 All right. Go ahead with your next
13 question.
14 (Whereupon, a portion of a CD, Plaintiff’s
15 Exhibit 809, was played for the Court and jury.)
16 Q. BY MR. MESEREAU: Going further into this
17 tape, okay?
18 A. With the numerous tape breaks.
19 Q. I understand. Now, Frank says, “We need to
20 protect you and your family, so I’ll call you in one
21 hour to see if you’re okay,” right?
22 A. Okay. Did you go farther up, higher, or --
23 Q. Well, let’s see, the pages aren’t numbered.
24 So it starts at -- the top of the page starts with,
25 “...to do in a couple of hours....” Do you see
26 that?
27 A. Okay, this is from this previous page.
28 Q. Do you see that? 6468
1 A. And then on top. Okay. Okay.
2 Q. Yes. The first full quote from Frank Cascio
3 on that page, okay?
4 A. Okay.
5 Q. Frank says, “I’m going to call you just to
6 see how you’re doing, because we need to protect you
7 and your family. So I’ll call you in one hour to
8 see if you’re okay.” And you say, “Okay,” right?
9 A. Uh-huh. This is correct, being polite.
10 Q. At no time do you disagree with the
11 continually repeated idea that your family needs
12 some protection, right?
13 A. And at no time do I request it.
14 (Whereupon, a portion of a CD, Plaintiff’s
15 Exhibit 809, was played for the Court and jury.)
16 Q. BY MR. MESEREAU: You tell Frank you’re at
17 your mom’s house. He says to you, “This is the
18 number to your mom’s house,” question mark, and you
19 say “Yeah,” correct?
20 A. This is correct.
21 Q. Are you still telling the jury you never
22 wanted Frank to have the number to your mom’s house?
23 A. He’s calling at my mom’s house. He asked
24 me, “Is this your mom’s house?” I never gave it to
25 him. He already had it.
26 Q. Okay.
27 A. I’m at my mom’s house.
28 Q. And you have no idea how Frank got the 6469
1 number to your mom’s house, true?
2 A. That’s correct.
3 Q. Okay. Now, going back a little bit --
4 A. Oh, yeah, now I know how.
5 Q. I understand.
6 Going back a little bit, “I told them when
7 people neglected us, rejected us, they don’t
8 know...,” and then there’s a tape break. It says,
9 “Um, Baby Rubba.”
10 What were you referring to when you said,
11 “People neglected us and rejected us”?
12 A. My husband, my ex-husband David Arvizo, with
13 his family.
14 Q. Were you referring to anyone else?
15 A. No. Nobody else.
16 Q. Do you remember in the rebuttal video where
17 you accused the Department of Children & Family
18 Services of neglecting your family?
19 A. Maybe it was -- maybe it was put in another
20 context, but that’s what I meant. My ex in-laws.
21 Q. They’re the only people you’re referring to,
22 right?
23 A. That’s exactly right.
24 Q. Okay. Now, in that rebuttal tape, you also
25 talk about your family being spit on and
26 discriminated against and things like that, correct?
27 A. Yes. Yes.
28 Q. And are you only referring to David’s family 6470
1 when you say that?
2 A. Part of it is David’s family. And David.
3 Mostly David.
4 Q. And who’s the rest of it?
5 A. Mostly David, his family. And just
6 different things like that. Different experiences.
7 Q. But in that tape you talk about more people
8 than David and his family.
9 A. Are we talking about this tape or --
10 Q. I’m asking about the rebuttal tape now,
11 okay?
12 A. Okay.
13 Q. You talk about -- excuse me, in that tape,
14 you say words to the effect, “We’ve been spit on,
15 we’ve been fried, we’ve been rejected because of our
16 race,” and a whole bunch of things, right? You’re
17 not referring to David’s family when you say that?
18 A. Are you missing the point that it was all
19 scripted?
20 Q. I’m asking you a question, Miss Arvizo.
21 Could you please answer it?
22 A. Okay. Remember in the initial meeting in
23 Miami how I was just telling everything about -- to
24 the Germans? Well, obviously they were in the works
25 in doing the script since back then.
26 Q. So when you say words to that effect in this
27 conversation --
28 A. This conversation. 6471
1 Q. -- the Brad Miller interview and the
2 rebuttal video, you’re only referring to David’s
3 family?
4 A. Brad Miller audiotape and this is referring
5 to David’s -- David mostly, with his family. But in
6 the rebuttal, like I said, it was all scripted. All
7 of it. It was the information that they had
8 extracted from me and my children. And it’s pretty
9 obvious that it’s very ingrained, the experiences
10 that I have felt and gone through with my ex family,
11 which is David’s family.
12 Q. Okay.
13 A. And they put it in with their little script.
14 Q. Okay.
15 (Whereupon, a portion of a CD, Plaintiff’s
16 Exhibit 809, was played for the Court and jury to
17 its conclusion.)
18 MR. MESEREAU: Your Honor, I think that
19 completes the recording of the phone conversation.
20 THE COURT: Okay.
21 Q. BY MR. MESEREAU: Now, Miss Arvizo, you
22 filed for divorce from David approximately five days
23 after you settled the J.C. Penney case, correct?
24 A. I filed for divorce after David was arrested
25 for domestic violence.
26 MR. MESEREAU: Your Honor, may I ask the
27 Court to instruct the witness to answer the
28 question? 6472
1 THE WITNESS: Well, your question was
2 about --
3 THE COURT: Just a moment.
4 Would you read the question back to the
5 witness?
6 (Record read.)
7 THE WITNESS: I don’t know about that. He
8 wanted a history as far as when, and I’m telling
9 you, I filed for divorce the day after -- not the
10 day after, but after David finally was arrested for
11 domestic violence.
12 Q. BY MR. MESEREAU: In your case against David
13 for domestic violence, you told the Los Angeles
14 Police Department that he had been abusing you for
15 many years, true?
16 A. This is correct.
17 Q. You told the Los Angeles Police Department
18 that he had been abusing you since you were married,
19 correct?
20 A. This is correct.
21 Q. Had David been abusing you from the time you
22 were married?
23 A. This is correct.
24 Q. You told the Los Angeles Police Department
25 that for approximately 17 years, he had been
26 physically and emotionally abusing you, right?
27 A. This is correct.
28 Q. You also said he had been abusing your 6473
1 children for the entire marriage, correct?
2 A. This is correct.
3 Q. But in the J.C. Penney case, when you wanted
4 money, you said the opposite about David, didn’t
5 you?
6 A. That’s incorrect. When David was arrested,
7 I went to Rothstein’s office, who was in charge of
8 the civil -- civil proceedings, of the civil J.C.
9 Penney’s lawsuit, and I told him David has finally
10 been arrested. I want to correct this statement
11 that me and my children were unable to say because
12 he was still part of our life.
13 And I went to their office, and they told me
14 that they would take care of it. And that’s why
15 when the police asked me to waive this information
16 of my civil lawsuit, I did happily. And yet these
17 Rothstein people did not do that. I told them to
18 inform J.C. Penney’s and Tower Records that that
19 information was incorrect right after David was
20 arrested. I finally was liberated to say what
21 actually had been going on for years.
22 Q. Miss Arvizo --
23 A. So you’re inaccurate.
24 Q. Well, Miss Arvizo, do you remember having
25 your sworn deposition taken in the J.C. Penney case?
26 A. Yes.
27 Q. And that was a case that you had filed
28 claiming you were sexually abused by J.C. Penney by 6474
1 the security guards in a public parking lot,
2 correct?
3 A. I gave the civil lawyers the information
4 about what happened, just as I told the police
5 department, the West Covina Police Department.
6 Now, how they write their statement, how
7 they do these paperworks, I don’t know. But it’s
8 only one story. And it’s been repeated over and
9 over. How they put it in this paperwork, I don’t
10 know. I wasn’t the attorney.
11 Q. Miss Arvizo, you gave a sworn deposition in
12 that case where you were placed under oath, correct?
13 A. This is correct.
14 Q. And you filed a claim for monetary damages
15 against J.C. Penney, correct?
16 A. This is correct.
17 Q. You were claiming that you had suffered
18 physical injury because of what J.C. Penney security
19 guards did to you, correct?
20 A. Tower Records.
21 Q. Correct?
22 A. This is correct.
23 Q. And to prove your claim for monetary
24 damages, you had to explain that your physical
25 injuries were solely the result of what J.C. Penney
26 and Tower Records had done to you, correct?
27 A. This is correct. And they had me explain,
28 to the millisecond, of the process while I was being 6475
1 hurt.
2 Q. Your deposition was taken on December 18th,
3 the year 2000, correct?
4 A. Yes, while I was still married and David was
5 with me and my children. Yes, that’s correct.
6 Q. And what year did you file for divorce from
7 David?
8 A. Approximately in 2001. When David was
9 arrested.
10 Q. And on December 18th, the year 2000, you
11 were asked under oath, “Has David Arvizo ever struck
12 you,” and you said, “No.”
13 A. This is correct.
14 Q. You were asked under oath, “Has David ever
15 struck your children?” You said, “No. We goof
16 around a lot, though, play.” Correct?
17 A. Yes. This is correct.
18 Q. You were not telling the truth under oath
19 when you made those statements, correct?
20 A. But prior to settlement, I had went to
21 the -- to Rothstein’s office and I requested that
22 they fix that, after David was arrested, because I
23 finally could open my mouth. And this -- I want you
24 to have a picture of this.
25 MR. MESEREAU: Move to strike, Your Honor.
26 THE WITNESS: This is when Gavin is going
27 through chemotherapy.
28 THE COURT: Just a moment. Just a moment. 6476
1 I’ll strike her answer to that.
2 Q. BY MR. MESEREAU: Further in that
3 deposition --
4 THE COURT: Just a moment.
5 MR. MESEREAU: Oh, I’m sorry. Pardon me.
6 THE COURT: Do you want to go back to the
7 question you asked? The answer has been stricken.
8 MR. MESEREAU: Yes, if we could have it read
9 back, Your Honor, I’d appreciate it.
10 (Record read.)
11 THE WITNESS: This is correct.
12 Q. BY MR. MESEREAU: Further, in that
13 deposition, you were asked, “Have you had any
14 marital problems at all other than related to this
15 incident at J.C. Penney?” And you said “No.”
16 Right?
17 A. This is correct. I was -- by the time that
18 David had gotten arrested, I was never going to tell
19 anything that he had done to me or my kids. Never.
20 Q. You lied under oath to increase the amount
21 of money you could get from what you claimed J.C.
22 Penney and Tower had done to you, right?
23 MR. ZONEN: Objection; argumentative.
24 THE COURT: Sustained.
25 Q. BY MR. MESEREAU: Now, in that deposition,
26 you were asked when you decided to file a lawsuit,
27 correct?
28 A. Correct. 6477
1 Q. You said you decided to file a lawsuit
2 against J.C. Penney and Tower Records two weeks
3 or two or three weeks prior to the expiration date.
4 Remember that?
5 A. I don’t understand what your question is.
6 Q. Well, I’m just going to ask you about your
7 answer. And I can show you the page, if you want to
8 see it.
9 A. No, I just don’t understand your question.
10 I don’t know whether you’re making a statement or an
11 actual question.
12 Q. Then that’s my mistake. I’ll rephrase it.
13 A. Okay. That’s okay.
14 Q. In your deposition under oath, in the J.C.
15 Penney case, you were asked the question, “When did
16 you decide to file a lawsuit?” Do you remember
17 that?
18 A. Yes. Yes.
19 Q. And your answer was, “Two weeks or two or
20 three weeks prior to the expiration date.”
21 A. This is correct. If it’s on there, it is
22 correct.
23 Q. Then you were asked, “Was that before or
24 after the criminal charges had been dropped?”
25 Remember that?
26 A. Yes.
27 Q. And you said, “Way after,” correct?
28 A. Yes. 6478
1 Q. When you used the words “expiration date,”
2 you were referring to the deadline that you had to
3 file charges -- excuse me, file a lawsuit before,
4 correct?
5 A. That’s what I was explained.
6 Q. You would lose your right to file a civil
7 suit if you didn’t file it by a certain date,
8 correct?
9 A. That’s what I was explained by the civil
10 attorneys.
11 Q. And --
12 A. If there’s anything that sounds worth --
13 worth of any intelligence there, that’s what I was
14 informed. No credit to me. Only to the civil
15 attorneys.
16 Q. Well, you knew enough to say under oath that
17 you filed your civil case before the deadline,
18 right?
19 A. Because of attorneys had made me aware of
20 that.
21 Q. Are you aware of the deadlines that you or
22 your children have to file claims against Mr.
23 Jackson?
24 A. We will never file a claim against Mr.
25 Jackson. I want justice here.
26 Q. Are you aware, Ms. Arvizo, of the deadlines
27 you have to file a civil claim against Mr. Jackson?
28 Yes or no. 6479
1 A. I think so. I’m not interested, so I don’t
2 ask.
3 Q. I understand. And in this case you weren’t
4 interested until after the criminal investigation
5 was over, correct?
6 A. I wanted an apology.
7 MR. ZONEN: Which case is counsel referring
8 to? Vague.
9 MR. MESEREAU: I will rephrase it. The
10 prosecutor is correct.
11 Q. In the J.C. Penney case, you waited till
12 after a criminal investigation was over to file your
13 civil claims, true?
14 A. I wanted an apology.
15 Q. You wanted over $100,000, didn’t you?
16 A. I didn’t get over $100,000.
17 Q. You got 152,000 in the settlement, Miss
18 Arvizo, didn’t you?
19 A. In -- in my hand, I did not get $150,000.
20 MR. MESEREAU: May I ask the witness be
21 instructed --
22 MR. ZONEN: I think she just answered.
23 THE WITNESS: I answered.
24 THE COURT: It was -- your question, your
25 last question, was basically whether she got a
26 certain amount, and she’s trying to answer that.
27 Q. BY MR. MESEREAU: The settlement to you
28 and -- 6480
1 THE COURT: Just a minute. Let her finish
2 the answer.
3 THE WITNESS: In my hand, I received only
4 $32,000. That’s it. In my hand. And that’s my
5 best approximation.
6 Q. BY MR. MESEREAU: Miss Arvizo, what did
7 Gavin get in his hand from that settlement?
8 A. I don’t remember, because it’s been put away
9 where it’s to be untouched by me.
10 Q. What did Star get in his hand in that
11 settlement?
12 A. Still nothing. I don’t know, because
13 it’s -- it’s something that’s untouched by me. It’s
14 for them.
15 Q. What did David get in his hand from that
16 settlement?
17 A. That’s -- you’re going to have to ask David,
18 and yet he was not injured whatsoever.
19 Q. The total was over $152,000 that your family
20 was given in the settlement, true?
21 A. That you have to ask my civil attorneys.
22 And I think his statement may be correct.
23 Q. Okay. You claimed in that case that you had
24 bruises from what the security guards did to you,
25 right?
26 A. It is correct.
27 Q. After you had resolved that case and
28 obtained money, you claimed that you were bruised by 6481
1 David, true?
2 A. I had always been bruised by David for
3 years. But I never told anyone until after David
4 was arrested. That was the pivotal point in my
5 life. Not until David was arrested did I say
6 anything about bruises in my whole entire life, and
7 that was only with people of authority. That’s it.
8 Q. When you were seeking money from J.C. Penney
9 and Tower Records, you testified under oath on
10 December 18th, the year 2000, that you never had any
11 black and blue marks prior to the incident at J.C.
12 Penney, correct?
13 A. Yes, this is correct. I was too embarrassed
14 to ever tell anyone.
15 Q. You made that statement because you wanted
16 any injury you ever had to be attributed to J.C.
17 Penney and Tower Records, right?
18 A. Incorrect. What J.C. Penney’s and Tower
19 Records did to me was one day, one situation, one
20 incident. That’s it.
21 Q. If you had testified truthfully under oath
22 and said that your bruises were from David, the
23 amount of monetary damages you could get from J.C.
24 Penney would have been lowered, true?
25 A. This is incorrect. I would have never told
26 anyone until David got arrested that I -- that David
27 was giving me these bruises. Never. People would
28 see me with bruises and I would never, never, never 6482
1 tell them.
2 Q. Did you lie under oath in your deposition in
3 the J.C. Penney case?
4 A. I tried to remedy that when I had gone to
5 my -- after David was arrested, I went to
6 Rothstein’s office. And I requested that they
7 inform Tower Records and J.C. Penney’s that I would
8 like to make that correct statement because the
9 statements that were there were incorrect. But
10 finally me and my kids could finally say what was
11 really happening for many, many years.
12 Q. Mrs. Arvizo, the problem you had was that
13 when you made allegations later on against David
14 that he had abused you for 17 years, there was a
15 deposition that had previously been taken where you
16 said the opposite under oath, right?
17 A. You’re -- it’s too long. There’s a yes and
18 no and yes and no, and now I don’t know.
19 THE COURT: Let’s take a break.
20 (Recess taken.)
21 THE COURT: Mr. Mesereau?
22 MR. MESEREAU: Yes, thank you, Your Honor.
23 Q. Miss Arvizo --
24 THE BAILIFF: You need to turn your
25 microphone on, please.
26 MR. MESEREAU: Oh, thank you.
27 THE COURT: You missed a good show of hands
28 there. 6483
1 Give it to him again, would you?
2 Look, look, look.
3 (Laughter.)
4 Q. BY MR. MESEREAU: Miss Arvizo, did you tell
5 the jury that David was not honest in the J.C.
6 Penney case?
7 A. Me?
8 Q. Yes.
9 A. Okay. Ask the question again.
10 Q. I’ll rephrase it. Did you tell the jury
11 words to the effect that your ex-husband David did
12 not tell the truth in the J.C. Penney case?
13 A. Are we talking about the grand jury or the
14 civil lawsuit?
15 Q. The civil lawsuit.
16 A. Did I tell a jury?
17 Q. Did you tell this jury today that David did
18 not tell the truth in the J.C. Penney civil suit?
19 A. We weren’t talking about David. I was
20 telling you what I -- David had done to me and the
21 children.
22 Q. David sued J.C. Penney with you, correct?
23 A. This is correct.
24 Q. David claimed he was injured in that parking
25 lot with you and your children, correct?
26 A. To my -- what I was aware of is that he
27 wasn’t injured. And that’s it.
28 Q. But he was suing, with you, for monetary 6484
1 damages for being injured, right?
2 A. I came afterwards. David -- when I walked
3 up to the situation, he was being hit by these
4 people. So I don’t know what happened prior to me
5 arriving there. So I’m unaware.
6 Q. During the time you had your deposition
7 taken in the J.C. Penney lawsuit --
8 A. Yes.
9 Q. -- did you consider David to be an honest
10 person?
11 A. No.
12 Q. Do you remember testifying under oath in the
13 J.C. Penney lawsuit that, “David is extremely
14 honest. He’s too honest”?
15 A. If that’s on there, then that’s correct.
16 Whatever’s on the deposition is correct.
17 Q. Do you remember saying that under oath?
18 A. If it’s on there, then it is.
19 Q. Would it refresh if I just show it to you?
20 A. I’m just asking, if it is on there, it’s
21 correct.
22 Q. Okay. I have to get a response from you as
23 to whether you said that or not, okay?
24 A. If it’s on there, it’s correct. And it
25 would be a yes, if it’s on there.
26 Q. Would it refresh your recollection just to
27 show it to you first? Would that help?
28 A. It’s a yes. 6485
1 Q. Your answer is “yes”?
2 A. Yes.
3 Q. You did say under oath that, “David is
4 extremely honest. He’s too honest”?
5 A. Yes.
6 Q. And you weren’t telling the truth when you
7 made that statement under oath, correct?
8 A. Anything to do with David, no. That’s why I
9 went to the civil attorneys, to try to correct that
10 after he was arrested.
11 Q. Let me get this straight, now. You went to
12 the civil attorneys to try and change your testimony
13 after you collected a settlement?
14 A. Incorrect. The settlement still had not
15 been corrected, accepted or settled. Anything like
16 that. It was still prior.
17 Q. Now, you claimed you were assaulted in a
18 public parking lot by J.C. Penney security guards,
19 correct?
20 A. Plus Tower Records.
21 Q. And Tower Records, right?
22 A. That’s right.
23 Q. You said you thought you were going to die,
24 correct?
25 A. Yes.
26 Q. Did you think you were going to die in a
27 public parking lot when you were assaulted by these
28 security guards? 6486
1 A. Yes, I did, because it came to a point where
2 I couldn’t breathe.
3 Q. Okay. You testified the security guards
4 were doing belly flops on top of your body, right?
5 A. That’s what I was told.
6 MR. ZONEN: I’ll object as beyond the scope
7 of the 402 hearing.
8 THE COURT: The objection is overruled.
9 Do you want to read the question back to
10 her?
11 MR. MESEREAU: Yes, please, Your Honor.
12 Thank you.
13 (Record read.)
14 THE WITNESS: This is correct.
15 Q. BY MR. MESEREAU: And you also claimed that
16 security guards in a public parking lot pulled your
17 breasts out of your blouse and squeezed your nipple
18 between 10 to 25 times, correct?
19 A. No, they didn’t pull my breasts out.
20 Q. What did you claim happened?
21 A. In the course of me getting beat up, I was
22 laying flat on the floor. My breasts had came out
23 of my bra.
24 Q. Did you testify under oath that your nipple
25 was squeezed by one of the guards 10 to 25 times?
26 A. At this moment, the attorney, who was the
27 defense attorney, wanted me to describe everything
28 by the millisecond, even though, in my depositions, 6487
1 I keep saying, over and over, “It was like this. It
2 was like this.” And instead, he wanted me to go
3 millisecond per millisecond, so I described it the
4 best I could as it was happening. But if you
5 fast-forward, that would have been fast.
6 Q. And how did you describe the sexual assault?
7 A. Like I said, the wording as far as how the
8 civil attorneys did, that was their choice of words.
9 There was only one, how I described it, and that’s
10 how they put it in.
11 Q. Please tell the jury how you were sexually
12 assaulted.
13 A. Well, to me - me - I feel that my breast
14 area and anything to do with my -- with down there,
15 my private area, is considered my sexual organs.
16 That’s how I see it and how I feel about it. So if
17 you place your hands on me in that area, I’m going
18 to say that.
19 Q. And please tell the jury how you were
20 sexually assaulted in that public parking lot.
21 A. Okay. When I was laying on the floor, while
22 they’re beating on me, one of the Tower Records
23 guys, who incidentally -- this can be verified. I
24 think he was also fired for doing this to some other
25 people after this, so -- but this person, while I
26 was laying on the floor getting beat up, he had his
27 hand over and over on my breast and on the front
28 area of my private area. My pants were on. There 6488
1 was no intercourse, no rape, no nothing like that.
2 I was just trying to describe that his hands were on
3 my breasts, which I think I repeatedly kept saying I
4 just wanted his hands off of me, and that’s it.
5 Q. Do you remember testifying your nipple was
6 squeezed 10 to 25 times?
7 A. Yes. Again, it was he wanted me -- to
8 humiliate me, like he’s trying to do at this moment,
9 and making me to say it millisecond per millisecond.
10 Q. You testified to these facts to get money,
11 true?
12 A. It was a civil lawsuit, yes, it was.
13 Q. Now, you claim in that lawsuit that Gavin’s
14 cancer was made worse by the security guards, true?
15 A. I don’t think so. I think -- I think I said
16 something that Gavin was having the chemotherapy at
17 this time when they wanted the deposition to occur.
18 Q. You also claim that Star’s cyst was made
19 worse by the security guards, correct?
20 A. Incorrect.
21 Q. Did you ever make such a claim?
22 A. Incorrect.
23 Q. What did you say about Star in that
24 situation?
25 A. I think -- and this is the best I can
26 remember, and we’re talking 1998 here when this
27 happened. This is the best I can try to remember.
28 He’s got a big, giant book right there, and I have 6489
1 nothing in front of me.
2 And, let me see, I think what happened was
3 when we went to the doctors, they did -- they put
4 him in this tube, and when it came out, they ended
5 up telling me that Star has a cyst on his brain, but
6 this is something that is -- that Star has. That’s
7 it. Has nothing to do with J.C. Penney’s lawsuit.
8 I’m -- of course, getting hit on the head doesn’t
9 help if you’ve got a cyst on your brain.
10 Q. Do you know someone named Mary Holzer?
11 A. Yes, I do.
12 Q. Please tell the jury who Mary Holzer is.
13 A. Mary Holzer is a giant Michael Jackson fan.
14 And she’s also a -- an office manager. This is my
15 understanding. She told me she was an office
16 manager for Rothstein civil law -- civil law firm.
17 Q. And who is the Rothstein civil law firm?
18 A. The Rothstein civil law firm is a firm that
19 was responsible for the lawsuit.
20 Q. Do you remember, after you had settled that
21 case, telling Mary Holzer that you lied in the case?
22 A. That is inaccurate.
23 Q. Okay. Do you remember telling Mary Holzer
24 that David’s brother is in the Mexican mafia?
25 A. That’s incorrect.
26 Q. And that he sells drugs here and in Las
27 Vegas?
28 A. That’s incorrect. 6490
1 Q. You said, “He’s going to come after you and
2 your daughter if you ever tell anyone what I’m
3 revealing to you”?
4 A. Incorrect.
5 Q. Okay. So that never happened, right?
6 A. That never happened.
7 Q. And if Mary Holzer comes into court and says
8 that, she’d be lying; is that correct?
9 MR. ZONEN: Objection; argumentative.
10 THE WITNESS: Yes, she would. Yes, she
11 would.
12 THE COURT: Just a moment.
13 The objection to the question is sustained.
14 The question and answer are stricken.
15 Q. BY MR. MESEREAU: How many lies under oath
16 do you think you told in your depositions in the
17 J.C. Penney case?
18 A. Like I said, I tried -- after David was
19 arrested, I went to the Rothstein office and I
20 pointed out to them, prior to a settlement
21 agreement, that I would like to correct the
22 statements that were inaccurate, because finally
23 David was arrested. Finally, we and my children
24 could speak. And Rothstein, including with Mary
25 Holzer, said, “Don’t worry. We’ll take care of it.”
26 And they didn’t. So I considered their firm
27 a -- liars.
28 Q. But not you, right? 6491
1 A. That’s correct.
2 MR. ZONEN: Objection; argumentative.
3 THE COURT: Sustained. The remark’s
4 stricken.
5 You’re admonished not to make those remarks.
6 MR. MESEREAU: Yes, Your Honor.
7 Q. You testified in that deposition in the J.C.
8 Penney case that you had worked as an undercover
9 agent. Do you remember that?
10 A. Me?
11 Q. Yes.
12 A. Yes.
13 Q. Where did you --
14 A. I don’t think the way you’re using it is
15 correct.
16 Q. Remember you said you had worked in internal
17 security?
18 A. What he’s trying to say, he’s trying to make
19 it bigger than it is. I used to be a loss
20 prevention agent way back in -- I think it was 1990.
21 We’re talking about 15 years ago. That’s my best
22 estimate. I used to work at Von’s. Just, you know,
23 people that took an orange, took a banana, things
24 like that.
25 Q. Remember you were asked the question, “And
26 you were an undercover type of agent?” And you
27 answered, “Yes”?
28 A. Yes. That’s what they called it. It was 6492
1 loss prevention agent. You wore plain clothes and
2 you stopped people when they take items without
3 purchasing them from the market, from Von’s market.
4 A grocery store.
5 Q. How long did you work in that capacity?
6 A. I think I worked there for -- my best
7 estimate, best estimate, maybe - this was about 15
8 years ago - maybe about one year. Maybe. My best
9 estimate. This is having to recall 15 years ago.
10 Please, this is an approximation of dates.
11 Q. You testified in that case that security
12 agents in the public parking lot punched you,
13 correct?
14 MR. ZONEN: Which case are we talking about?
15 Von’s?
16 THE WITNESS: Yes.
17 MR. MESEREAU: J.C. Penney case. Was there
18 a case against Von’s?
19 I haven’t have said that, Your Honor.
20 THE COURT: You’re right, you shouldn’t
21 have.
22 The District Attorney, you’re admonished to
23 object according to the legal standards for
24 objections.
25 MR. ZONEN: The objection is vague, then,
26 Your Honor.
27 THE COURT: It’s a little late.
28 I’m not going to allow you to engage in that 6493
Subject: April 15, 2005 
Thu Mar 15, 2012 5:22 am
