• A hearing was conducted to determine whether or not Michael Viner’s testimony would be admitted in court. Viner testified outside of the jury’s presence that he was present at a lunch meeting between Larry Feldman and Larry King. They were discussing the possibility of using Feldman as a guest or expert during the MJ Trial. The meeting was held approximately six months ago, before the trial had started. Viner stated that he was an ear party to the discussion and sat in the corner of one of the side by side booths at the Nate ‘n Als’ Restaurant.
• Viner stated that Feldman had discussed the case at hand and stated that it was his (Feldman’s) belief that Janet Arvizo was out for money and that he (Feldman) didn’t believe her or her son’s (Gavin) story. Viner stated that Feldman did not state that Janet Arvizo said to him that she was out for money. Viner said that he was more of a “wallflower” in the conversation because it wasn’t directed at him.
• When asked by Mesereau, Viner testified that Feldman had told Larry King that Janet had told him Gavin was molested by MJ, but that Feldman didn’t believe her story.
• On cross examination (Zonan), Viner stated that he wasn’t in direct conversation with Feldman, but that there were some back and forth about the case. He also stated that he couldn’t clearly remember statements made by Feldman were of his opinion or based on statements directly made by the mother (Janet).
• On re-direct, Mesereau asked Viner without reference to exact quotes, did Feldman in effect state that Janet Arvizo wanted money and Viner said yes.
The rest of the re-direct went as follows:
BY MR. MESEREAU: Did Mr. Feldman ever say words to the effect Janet Arvizo told him she wants money from Mr. Jackson?
A. That is my belief, yes.
MR. ZONEN: Your Honor, I’d like the record to reflect there was a 15-second pause between the conclusion of the question and the answer. And I’ll move to strike the answer as an opinion.
MR. MESEREAU: His belief is based on what he heard, Your Honor.
THE COURT: Just a moment. Let me read this. The objection is overruled.
MR. MESEREAU: No further questions.
MR. ZONEN: No further questions.
THE COURT: All right. I do not believe that this witness’s statements are sufficient to impeach Mr. Feldman, so I will not allow him to testify. You may step down.
• Before Azja Pryor was brought in to testify, a couple of motions were argued regarding the defense showing two videotapes ~~ one involving the demonstration of MJ’s bedroom alarm system and the other, a tape of MJ’s residential grounds. While Sneddon did not object to the first tape, he objected to the showing of the second one:
MR. SNEDDON: And with regard to the second video, I really think the Court should see the entire video, because there is a lot of things in there, including notes from Mr. Jackson’s children to him, and a lot of focusing on photographs showing him with children, and I’m not -- in my recollection, some of the stuff that’s in there wasn’t even at the ranch at the time these events occurred, and I believe -- we object to it. We object to -- if they’d just simply shown the grounds and done a straightforward presentation, that’s one thing. But this is clearly a puff piece that has a lot of stuff that is really not relevant to this -- to this -- to this case. And I think if you see it, that you will see it in that manner and not for simply being an illustration of where the guest cottages are or the bedroom is or where this is. It really doesn’t reflect that. And I would ask the Court to please view it ahead of time before you allow the jury to see it. It’s about 19 minutes, I think. It’s not unduly long, but I do believe it’s unduly -- I don’t want to use the word “prejudicial,” but it’s really -- it’s a self-serving documentary that goes far beyond just simply showing what the ranch is like. So that is our objection.
THE COURT: Well, if you -- I would have to review it first, if that’s your request, before I determine its admissibility.
• Azja Pryor Direct
• Azja Pryor gave her background. She said that she was a casting agent at Paramount Studios. When asked, Azja testified that she knew Chris Tucker and that he was the father of her 6 year old son and that they had known one another for 8 years. She also stated that she DID NOT know the man sitting at the defense table, Michael Jackson, but had been to his home 3-4 times, beginning in 1999. She stated that Jackson was not present during her visits.
• Azja goes on to state that she met the Arvizo children in October, 2000, along with their father, David at her home. She stated that Chris brought them over and they were all going out to an amusement park. They went to this amusement park and were gone most of the day and night (until 1:30 am). She testified that she had the impression that Chris had only known the family for about a month. She stated that she met Janet Arvizo in July or August of 2001 at the Four Seasons Hotel in Beverly Hills.
• Azja stated that she at first stayed in contact with the Arvizos through Chris and that they had taken them to various places, including horseback riding. She stated that Chris had ordered a plane to go to a Raider’s game and had taken the Arvizos with him (but that she didn’t go). Azja stated that she would often take the Arvizos to dinner. She stated that it was usually the children and David and that when David was in the picture, David was always with his children.
• Azja stated that at first, she wasn’t as close to the Arvizos as Chris was (she stated that Chris had taken a liking to the Arvizo children), but that after she got to know them, she started calling them and the children would call her. But she stated that this didn’t involve the mother at all until after she met her in 2001. Azja stated that she felt it was around that time that she felt that she had a relationship with them by then.
• Azja stated that she had really grown close to Davellin. Davellin was in some sort of cadet or space explorer’s program that she was graduating from and Azja attended the graduation (December 2001). She stated that she talked with Davellin more than the other two children and with the boys equal time. She stated that when she was on the phone with them, that she never spoke to David and that David had only been to her home about 4-5 times.
• Azja testified that she knew about the fundraiser for Gavin’s illness through Chris and that she was aware of more than one fundraiser.
• Mesereau asked about her relationship with Janet Arvizo. Azja stated her relationship with Janet was based on the love that she had for her children. (This is the point that the press reported Azja broke down on the stand). She said that this was hard for her because she loved those kids a lot. She said that because of the kids and Gavin’s illness ~~ that she was a mother and that there was a lot of things that she and Janet could talk about. She said that she wouldn’t use the word ‘friends’, but rather they had a mutual feeling about things that they could talk about. Azja stated that after she had met Janet, that she would stay in touch with her by phone where she and Janet would talk 2-3 a week, or there may be many weeks to go by before they would talk again.
• Azja testified that she had invited Janet and her children to her son’s birthday party being held at Neverland. They all met at the Beverly Hills Hotel and took a [chartered] bus up to Neverland. Janet’s then boyfriend, Jay Jackson was with them on this outing. Chris and several other family members were on the outing as well. Azja stated that she didn’t recall speaking to Janet much while at Neverland during that trip.
• Azja stated that Chris had asked MJ if his son could have a birthday party at Neverland and he said yes. Azja testified that she spoke briefly to MJ on the phone where he and Chris were in Las Vegas about it. Azja made the arrangements through MJ’s assistant, Evvy. Evvy made the arrangements for the party and Azja made transportation arrangements.
• Azja stated that Davellin was at her side for the entire day at that party (Sept. 2002). She stated that Gavin and Star were all over the place because they knew their way around, having been there before. Azja did state that it was her 2nd or 3rd trip to Neverland.
• Azja stated that after the party was over, Chris and the Arvizo children stayed at Neverland overnight. She didn’t recall if Janet had stayed behind with them, but that she wasn’t on the bus that she was on (they had taken 2 bus loads to Neverland that day). David was not at the party and had been out of the picture for about a year.
• Azja stated that from Sept. 02 to Feb. 03, she did not have any contact with the Arvizos. She said that she may have spoken to them once on the phone. She stated that in Feb. 03, the Arvizo kids called her up and asked her to take them to Neverland and she agreed.
• Azja testified that the Arvizo children had stayed at her home. She stated that they would ask to stay at her place. She said that she once went to pick up Davellin for a ‘girls night out’ and her brothers insisted on going and just jumped in the car. She stated that Gavin even jumped in the trunk trying to go. Azja told Gavin that he could not go, that it was just for girls and that he had to get out of the car and complied.
• Mesereau asked about Azja’s observation of the Arvizo boys:
Q. BY MR. MESEREAU: Well, during the time that Davellin came to your house to spend the night --
A. Uh-huh.
Q. -- the same time where Gavin jumped in your trunk and you had to get him out, did you have an occasion to observe the behavior of the children?
A. On that day?
Q. Yes.
A. Yes.
Q. And what was your observation?
A. Same observation I’ve always had when watching the children, is that the boys were a little rough. My son at the time was only four, and Gavin and Star were older, and they were a little rough. And it would concern me sometimes, because my son would want to play, but they really roughhoused a lot, so I would be extra -- I would have to be extra careful around them.
Q. Okay. When you say they roughhoused a lot, what do you mean?
A. Wrestling, you know, doing the things that boys do that just -- play-fighting and things like that.
Q. And I gather the boys never did spend the night at your house, right?
A. No.
• Azja testified that Janet never asked her for money or assistance but that she had given them money. She said that around the time of Davellin’s graduation, that she had given them $600 as a Christmas present (Dec. 2001). She said that Janet Arvizo told her that her husband David had left her and took the car and they had no money. Azja stated that she didn’t recall the children ever asking for money, but she said that they would tell her about things that they didn’t have. She said for example, Gavin didn’t have the right equipment and he had broken his arm playing baseball because he had caught a ball with a torn glove, according to Janet. Azja said that she was aware of the hardships that they were going through. She knew about this because Janet would periodically tell her about it. Mesereau asked Azja to describe some of the things that Janet would say:
Q. BY MR. MESEREAU: Sure. What kinds of things would Janet say to you about the family’s hardship?
A. Janet told me how much of a horrible, awful husband and father David Arvizo was, and from that, she told me about the abuse. She told me that he told the children he did not love them. She told me that money that had been raised from the benefit -- the fund-raiser at The Laugh Factory, or I’m not sure if it was The Laugh Factory or somewhere else. She just said “the fund-raiser”; that he had spent it all taking his family out to show them a good time, things of that nature.
• When Mesereau asked again about how Gavin had broken his arm, Azja testified that Janet had told her that Gavin broke it playing baseball. When asked Azja stated that she was not aware of the JC Penney lawsuit that the Arvizos had filed.
• Mesereau asked Azja whether Davellin had asked for a car:
Q. Okay. Do you recall whether or not Davellin11 ever asked you for a car?
A. If she asked me for a car?
Q. Yes.
A. Yes.
Q. When was that?
A. This was in February of 2003.
Q. Okay. And explain what she asked you.
A. She didn’t ask me to give her the car out of the blue. There had been a discussion about them receiving a car of mine from Chris.
Q. And who did you have that discussion with?
A. Janet.
Q. What did Janet say about that?
A. She thanked me profusely for -- for giving them the car. I knew nothing about it until they actually told me. Chris had not even told me. They told me.
Q. So Janet thanked you for giving her a car?
A. For giving her the car, yes.
Q. Had you given her a car?
A. I had not given it to her yet.
Q. Were you surprised when she thanked you for giving her a car that you never gave her?
A. Obviously I was a little surprised. However, I felt like -- I kind of knew it was coming, because Chris had spoken about it before, that he wanted to help them out. He knew that Janet was taking Gavin to his weekly doctor appointments on the bus.
Q. Is that what Janet told him?
A. Yes.
Q. So it’s in approximately February of 2003 that she thanks you for the car?
A. Yes. She told me that Chris said he would give them the car. And she called me to thank me, and I guess I assumed to ask when it was going to be handed over to her.
Q. And what did you say to her?
A. The car was not in my name, so I told her it needed to be changed. She needed to wait till Chris got back in town to switch the registration and everything.
Q. Was it your intention to give them the car?
A. No, not necessarily.
Q. Did you ever give them a car?
A. No.
Q. Did Janet ever ask you for a car on another2 occasion?
A. No.
Q. How many phone conversations did you have with Janet when she asked you for a car?
A. Too many to remember. I don’t know.
Q. What do you mean by that?
A. A lot of times. If Janet wouldn’t call me, Davellin would call me.
Q. Asking you for a car?
A. For the car.
Q. And did Davellin act as if they owned the car?
A. No, I think it was more so they just wanted to know when they were going to get it, to gain possession of the car.
Q. And during these many conversations, what would you tell them about the car?
A. It was out of my hands. There was nothing I could do about it.
Q. Is that what you said to them?
A. Uh-huh. I told them they had to wait on Chris.
Q. At some point, did they stop calling you and asking for a car?
A. Well, yes.
Q. Approximately what was that?
A. The last conversation I had with Davellin,which was in April of 2003, I believe.
Q. Okay.
A. That was the last time I talked to her.
Q. Was it your choice not to talk to her anymore?
A. No, not at all.
Q. Why did you stop talking to her?
A. I have no idea.
Q. Did they stop calling you?
A. Yes.
Q. Did you stop calling them?
A. I didn’t have a number to reach them.
Q. Okay. If you can guess, how many times do you think Janet asked you for a car?
A. If it was my guess, I would say anywhere from seven to ten times.
Q. And did this all happen in the year 2003?
A. Yes.
Q. If you can estimate, how many times did Davellin ask you for a car?
A. I don’t remember. I know Davellin would leave me messages, because I wouldn’t always answer the phone. So there were numerous messages.
Q. Okay. And in those numerous messages, was Davellin requesting the car?
A. Yes.
Q. And all this was in the year 2003?
A. This was all in February.
Q. February of 2003?
A. Uh-huh.
Q. Okay. Now, did Janet tell you in February of 2003 that they had no car?
A. Yes.
Q. Did Davellin tell you in February of 2003 that they had no car?
A. Yes.
Q. All right. In any of these phone conversations, were Janet and Davellin on the phone together?
A. No, there was no kind of three-way or two different phones where they were. You know, I would maybe start on the phone with Davellin and she would hand the phone to her mom, or vice versa.
Q. Do you recall whether or not Gavin was ever on the phone when you were asked to give them a car?
A. I don’t remember Gavin ever even mentioning the car to me.
Q. How about Star?
A. I don’t remember Star either.
• Mesereau asked about the behavior of Gavin and Star:
Q. And could you describe their behavior?
A. I don’t like to call people’s kids bad, but Gavin and Star really needed attention, I felt like.
Q. In what --
A. They really needed attention.
Q. What do you mean by that?
A. You know, they would do little things, very mischievous. One time I remember us sitting down in front of Chris’s big-screen television and there was a drink on the floor. I don’t remember what it was. But Gavin, I saw him look at the glass and I saw him just kind of do his foot and kick it over and then act like it was an accident, you know, just to get that reaction out of us. Like, “Gavin,” you know, “what happened?” You know, they would do little things like that. Or, you know, like I said, roughhousing, just playing around. I mean, they were kids. You know, I think at the time they were maybe 11 or 12. I don’t remember.
Q. Would you describe them as well behaved?
A. At times. But I think that they lacked discipline.
Q. And what do you mean by that?
A. I think that anytime I saw David Arvizo with his kids, I never saw him discipline them, even when they got out of hand. And I think -- because Gavin was sick, I think that he did not discipline them when I think -- I felt like they needed it at times.
• Mesereau asked Azjo about her discussion with Janet regarding the Bashir video:
Q. Okay. Now, did you talk to Janet about the22 Bashir documentary?
A. Yes, I did.
Q. What did she say to you?
MR. SNEDDON: Object. Hearsay.
MR. MESEREAU: It’s impeachment, Your Honor.
THE COURT: I can’t tell really. The question is too general. I’ll sustain the objection.
MR. MESEREAU: Okay.
Q. Did Janet ever complain to you about the Bashir documentary?
A. Yes.
MR. SNEDDON: Object. Hearsay.
THE COURT: You’re offering this for impeachment?
MR. MESEREAU: Yes, Your Honor. Yes.
THE COURT: All right. I’ll overrule the objection.
Q. BY MR. MESEREAU: You can answer.
A. Can you repeat that?
MR. MESEREAU: Sure. I’ll withdraw the question and repeat it.
Q. Did Janet Arvizo ever complain to you about the Bashir documentary?
A. Yes, she did.
Q. Approximately when did she complain about that documentary?
A. In the first conversation I had with her after the documentary.
Q. Okay. Would that be in 2003?
A. Yes.
Q. And what did she say to you?
A. She said that there had been a documentary aired showing Gavin and her children which she had not given her permission for. She had not given permission for her children to be taped.
Q. And did she say she was going to do anything about it?
A. No, not that I can remember.
Q. Did Janet ever tell you that David was on drugs?
A. Yes.
Q. When was this?
A. After Davellin’s graduation.
Q. Did she ever tell you that David was spending all the money they raised on drugs?
A. She did tell me that he was spending -- I wouldn’t say “all.” She didn’t use the word “all,” but she said that he was spending some of the money on drugs and to take his family out and show them a good time.
Q. Did she ever tell you that she had spent any of that money?
A. No.
Q. Okay. Let’s go to 2003, after the Bashir documentary airs, okay?
A. Uh-huh.
Q. You have this conversation with Janet about the documentary, right? And when do you talk to her again after she complains about the documentary?
A. There’s no way for me to say. There were many conversations after that initial conversation.
Q. Well, did you talk to her on a regular basis in the year 2003?
A. In February I did.
Q. Okay. And is there any particular reason why you were talking to her so often in February of 2003?
A. I think Janet was in over her head, and I don’t think she really knew what to do. So I believe that she knew I was always there, at least to listen, you know. And if I could help in any kind of way, she knew I was there. She knew I was good for that.
Q. Did she ever tell you she was looking for an attorney?
A. No. I don’t remember.
Q. Did she ever tell you she was going to do anything about the Bashir documentary?
A. No. Again, like I said, I believe she was in over her head, and I don’t think she really knew what to do at that moment. I believe I suggested to her that she should get an attorney.
Q. Okay. Did she ever tell you she got one?
A. No, she never told me she did.
Q. Did she ever tell you she had joined in any complaint in England against the Bashir documentary?
A. No.
• Mesereau asked Azja about her knowledge of a trip to Brazil that Janet and her family were supposed to be going on:
[i]Q. Did Janet ever mention a trip to Brazil to you?
A. Yes.
Q. What did she say?
A. She said that they --
MR. SNEDDON: I’ll object as hearsay.
MR. MESEREAU: Impeachment, Your Honor.
THE COURT: The objection’s overruled.
THE WITNESS: She said that they were going to Brazil for Carnivale.
Q. BY MR. MESEREAU: And what is Carnivale, to your knowledge?
A. Beautiful costumes, beads. I guess it’s kind of like Mardi Gras.
Q. Kind of a holiday celebration, right?
A. A holiday celebration.
Q. Did she ever ask you to go with her?
A. Yes, she did.
Q. And when did Janet ask you to go to Brazil with her to attend Carnivale?
A. During a phone conversation. It was sometime in February.
Q. Okay. And did you say anything in response to her invitation?
A. I said, “Sure, I’d love to go.”
Q. And did you ever talk to her about Brazil again?
A. Yeah, we talked a couple of times about Brazil.
Q. And did you talk about your going with her?
A. I’m sure -- I’m sure I did. I told her I couldn’t go for too long. I was in school at the time, so I would only be able to be there for, like, three or four days.
Q. Did she say that was okay?
A. Yes.
Q. Okay. Did she seem excited about you going to Brazil with her?
A. I don’t know. I don’t know if she was excited. Janet’s always excited. She’s excited -- either she’s excited or she’s sad. So it was kind of hard to gauge whether she was excited about me going or this is just during one of the times that she was really happy.
Q. But you had a number of discussions about you and she going to Brazil?
A. No more than two, maybe three. On occasion.
Q. And were all these conversations on the phone?
A. Yes.
Q. Did she call you or did you call her, if you remember?
A. I would guess she called me during this time. I didn’t really know where they were staying, so my guess is that she called me.
Q. Okay. And do you think this is February of 2003?
A. I know it was February of 2003.
Q. And did you have any discussions with her about going to Brazil in March of 2003, if you know?
A. I don’t remember.
Q. Okay. Did she tell you what she wanted to do in Brazil other than attend Carnivale?
A. No, she didn’t say.
Q. Did she seem excited about going to Carnivale?
MR. SNEDDON: Object. Asked and answered.
THE COURT: Sustained.
Q. BY MR. MESEREAU: Did Janet tell you when Carnivale is in Brazil?
A. No.
Q. But there’s no question she mentioned Carnivale, right?
A. Yes.
Q. Did she tell you whether or not her family were going to be at Carnivale in Brazil?
A. Yes.
Q. And what did she say about that?
A. Well, she said that Michael and I guess his family and their family, they were all going to go to Carnivale. That’s all she said.
Q. Do you mean Michael Jackson?
A. Yes.
Q. So she said Michael Jackson and his family are going to Carnivale with her?
A. Yes.
Q. And this is in February of 2003?
A. This is in February.
Q. Okay. Did she ever tell you that she had learned that Michael Jackson was not going to Brazil?
A. Yes, I believe she did.
Q. Do you know approximately when that was?
A. It would have been in early March.
Q. Okay. Was she upset about that?
A. No.
Q. Okay. Did she still, as far as you know, plan to go to Brazil?
A. By this time I don’t think she wanted to go.
Q. Okay. Was that -- did she tell you she didn’t want to go because she found out Michael wasn’t going?
16 MR. SNEDDON: Object. That’s a leading question, Your Honor.
18 THE COURT: Sustained.
Q. BY MR. MESEREAU: Did Janet tell you why she no longer wanted to go to Brazil?
A. Because there were a lot of unknowns. Her children had been out of school for one month. She didn’t know when they were going back to school. She didn’t know exactly where she was staying in Brazil.
Q. Did she ever tell you she had cancelled the trip?
A. No. I don’t even remember when we stopped talking about Brazil.
Q. Okay.
A. It just kind of went away. We didn’t talk about it anymore.
Q. Did you learn at some point she never went to Brazil?
A. No.
Q. Okay. Did she tell you that tickets had never been purchased to go to Brazil?
A. Had never been purchased?
Q. Yes.
A. No, she didn’t tell me that.
Q. Okay. Now, do you think the last time you talked to Janet was in March of 2003?
A. Yes.
Q. And where were you when you talked to her in March of 2003?
A. At my house.
Q. Did Janet ever tell you that Michael Jackson had falsely imprisoned her?
A. No.
Q. Did Janet ever tell you that Michael Jackson had kept her family against their will?
A. No.
Q. Did Janet ever tell you that Michael Jackson had extorted her family?
A. No.
Q. Did Janet ever tell you that Michael Jackson was in a conspiracy to commit crimes against her family?
A. Absolutely not.
Q. And you were talking to her on a regular basis in February 2003, right?
A. Yes.
Q. And would that be daily?
A. I don’t remember if it was daily. And again, if I got calls, sometimes they were from Davellin and sometimes they were from Janet.
Q. Okay. Did Davellin ever tell you that the2 family was being held against their will?
A. No.
MR. SNEDDON: Object as hearsay, Your Honor.
THE COURT: Overruled. The answer was “No.” Next question.
Q. BY MR. MESEREAU: Did Davellin ever tell you that the family was being falsely imprisoned by Michael Jackson?
A. No.
Q. Did Davellin ever tell you that her family were the victims of extortion by Michael Jackson?
A. No.
Q. Did Davellin ever tell you that there was some conspiracy to injure her family?
A. No.
Q. Did you have any discussions with Gavin during February of 2003?
A. Yes.
Q. And would he call you or would you call him?
A. If his sister would call me, he would get on the phone. Normally if Davellin would call, they would all get on the phone.
Q. Okay.
A. One by one.
Q. And that would include Janet?
A. Sometimes -- no, not all the time. A lot of times during this period Janet had a headache, she would say.
Q. Okay.
A. They would tell me their mom was lying down.
Q. Okay. Now, when Janet invited you to go to Carnivale in Brazil, were the kids around, to your knowledge?
A. I don’t know.
Q. Do you know if the children were on the phone at the same time?
A. Not the same time, meaning there was more than one phone, no.
Q. Okay. But you think you had two or three conversations with her about Brazil?
A. Yes.
Q. Did she ever tell you she was being forced to go to Brazil?
A. No.
Q. Did Janet say anything about whether or not Jay Jackson was going to go to Brazil with her?
A. No, she didn’t mention it to me.
Q. Okay. And did she express disappointment that Michael Jackson wasn’t going to go to Brazil with her?
MR. SNEDDON: Your Honor, I object. Asked and answered.
THE COURT: Sustained.
Q. BY MR. MESEREAU: Did Janet Arvizo ever complain to you about Michael Jackson in February of 2003?
A. No.
Q. Did Janet Arvizo ever complain to you about Michael Jackson in March of 2003?
A. No. |