MJJF - LESSIE DEAN WRAGGS, AND ARLENE KENNEDY 5-24-05

LESSIE DEAN WRAGGS Ms Wraggs after being sworn in is being direct examined by Mr Mesereau. Ms Wraggs met Janet Arvizo for the first time sometime in 1998, when she brought her kids along to Universal Dance (Located at Olympic Boulevard, Los Anegeles), a dance school teaching ballet, tap and jazz. Ms Wraggs worked as the receptionist at the dance school for 13 -14 years and now works part time at the dance school. Janet Arvizo came up to her and inquired about dance lessons for her kids but stated she would need free lessons. Ms Wraggs directed Janet Arvizo to the owner of the dance school, Paul and Arlene Kennedy. Ms Wraggs stated that the kids would come in during the weekends for about 3 years. Ms Arvizo had stated that she had no money to pay for dance lessons but was interested in her kids learning to dance. Q. BY MR. MESEREAU: Would you see the children with the mother from time to time? A. Yes. Q. And can you describe the mother’s demeanor? A. She -- she had control of the kids. She controlled the kids very well. The father, he didn’t have control like she did. Q. And when you say “control,” what do youmean? A. Okay. We had advanced classes and beginner classes and intermediate classes, and she wanted her kids in the advanced class and they wasn’t ready, and she would tell her kids to go on and go into the classes anyway. And I would tell them that they couldn’t go, but when I would turn away, she would try to send them in. After sending them in, Miss Kennedy would have to go and pull them out. Q. Okay. Did that happen often? A. Quite a few times. Mr Mesereau proceeded to question Mr Wraggs about Gavin and Star’s behaviour. Said they misbehaved a lot, started pulling shoe boxes out and she had to take them away from them to stop them from doing whatever they were doing. She told the Kennedy’s that she thinks that Janet Arvizo has money and the children were only attending classes because she wanted them to. Q. BY MR. MESEREAU: Do you recall how the Arvizo family would arrive at the dance school? A. The only time that I really recall is when they came in with a new car. Q. And what kind of car was it? A. It was like an SUV. Q. Do you know approximately when they arrived with the SUV? A. She told us about -- well, he told us first about that they had had a problem at J.C. Penney’s; that the security guards beat -- MR. AUCHINCLOSS: I’ll object as nonresponsive. THE COURT: Sustained. Q. BY MR. MESEREAU: Let me just first focus on the car. A. Okay. Q. When they first started coming to the school, were they arriving in an SUV? A. No. Q. One day you saw them arrive in an SUV, right? A. Uh-huh. Q. And approximately when was that, do you think? A. I’m not for sure when. It might have been like -- BAILIFF CORTEZ: You need to speak up. THE WITNESS: I’m not for sure what year it was. Q. BY MR. MESEREAU: And did it seem to be new? A. It was new. Q. Okay. Did you ask Janet where they got thisnew SUV? A. No, I didn’t ask her. Q. Did you see them arrive in that brand-new SUV after that? A. Yes. Q. How many times do you think they arrived in that brand-new SUV? A. At least three or four times. Q. Okay. Now, did you ever talk to Janet about an incident that happened at J.C. Penney’s? A. Yes. Q. And did she tell you about that incident? A. Yes. Q. What did she tell you? A. That the security there jumped on her for no reason at all, and her kids was running trying to help her, and as they was running trying to help her, the security guard beat her to the ground. That’s about it. She -- Q. Did she ever say anything about the race of those security guards? A. Black. MR. AUCHINCLOSS: Objection. 352; relevance. MR. MESEREAU: I think it’s impeachment, Your Honor. THE COURT: The objection’s overruled. The answer was, “Black.” Next question. Q. BY MR. MESEREAU: Did she say anything more about the race of those security guards to you? A. She just said that they were black, all of them were black. Q. And did she say she was concerned about something coming out of that incident? A. She said the reason they hadn’t been back to dance school is because her kids were scared to death of black people and that they hated blacks now. Q. Do you recall whether or not Janet ever said that her family was homeless? 11902 A. Yes. Q. Did she say that? A. Yes. Q. Do you know approximately when Janet saidthat her family was homeless? A. It was after that incident. Q. Did you believe her? A. No. MR. MESEREAU: No further questions. During a relatively short cross examination by prosecutor Gordon Auchincloss Ms Wraggs was asked about scholarships give out at the dance school, and Wraggs agree that there were indeed scholarships given out to some children. Ms Wraggs stated that she was present when the conversation regarding free dance classes transpired between the Kennedy’s and Janet Arvizo.

ARLENE KENNEDY Mr Mesereau conducts the direct examination with Ms Arlene Kennedy after being sworn in. Ms Kennedy owns Universal Dance Design with her brother Paul Kennedy. The school has been running for the last 25 years and Ms Kennedy too has been teaching there all along. Ms Kennedy states that she first met Janet Arvizo when she came to the dance school with her husband and three children requesting for free classes. The decision to give the kids free classes was made by her brother. The kids were given scholarships. Ms Kennedy has known the Arvizo’s since the youngest Star Arvizo was about five years old and they would attend classes up until they were in middle school. Ms Kennedy testified that the Arvizo kids would attend on and off sometimes staying away for very long periods of time before returning to the dance school. Ms Kennedy was questioned about one such incident where she questioned David Arvizo about where the children had been. Q. Now, did you discuss the alleged events at J.C. Penney with Janet? A. When Janet came back. But the father and I discussed it first, because I said, “Well, where have the kids been?” And he said, “Oh, Miss Kennedy,” he said, you know, “It’s been crazy.” And he started telling me about J.C. Penney’s, but when Janet came back, it was a different story than what he had told me. Q. What did Janet tell you? A. Janet told me that the event happened in the alley, and it was some black guys that, you know,jumped on her and what have you, and that she saidthat she hoped that her children wouldn’t grow up to hate black people.But the father, on the other hand, had told me that it happened in the middle of the mall. MR. AUCHINCLOSS: Object as to hearsay, the tatements of Mr. Arvizo. THE COURT: Sustained. Q. BY MR. MESEREAU: And were you told that the children were not attending the school because ofthe J.C. Penney incident? A. Yes. Q. Okay. Now, at some point while you were giving free lessons to the Arvizo children, did you ever learn that the family had obtained $152,000 from J.C. Penney and another company? MR. AUCHINCLOSS: I’ll object as vague as to time. THE COURT: Sustained. Q. BY MR. MESEREAU: At any time did Janet Arvizo ever tell you, “We don’t have to get free lessons anymore. We just got $152,000 from the J.C.Penney lawsuit”? MR. AUCHINCLOSS: I’ll object as to relevancy, without foundation. THE COURT: Sustained. Q. BY MR. MESEREAU: Did you ever learn whether or not the Arvizos obtained money from J.C. Penney? A. Yes, I did. Q. When was that? A. Janet told me that the last time. I think it was after the -- when they came back to dancing school, she said that she had a lot -- they got a large settlement, and she said that the only thing that they really got was these bicycles. That’s the way she put it. Q. All they got was the bicycles from J.C. Penney? A. That’s what she said. “We got a lot of money, but the only thing that we got that we can show for it was the bicycles.” Q. And did you continue to give the children free lessons after that? A. I did. I did. MR. MESEREAU: I have no further questions,Your Honor. During cross examination prosecutor Gordon Auchincloss establishes that Janet Arvizo attended church with ms Kennedy and that the Kennedy’s gave the scholarship to the Arvizo kids out of the goodness of their heart, didn’t ever think of charging the Arvizo’s for the free lessons and that Janet Arvizo did not hide the fact that she received a settlement from JC Penney’s.