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Court Transcript 4 01 2005

2 IN AND FOR THE COUNTY OF SANTA BARBARA 3 SANTA MARIA BRANCH; COOK STREET DIVISION 5 RONALD J. ZONEN. Sr. Deputy District Attorney 7 Sr. Deputy District Attorney 1112 Santa Barbara Street 11 For Defendant: COLLINS. MESEREAU. REDDOCK & YU BY: THOMAS A. MESEREAU. JR.. ESQ. 13 1875 Century Park East. Suite 700 Los Angeles. California 90067 16 BY: ROBERT M. SANGER. ESQ. 233 East Carrillo Street. Suite C 19 OXMAN and JAROSCAK BY: R. BRIAN OXMAN. ESQ. 20 14126 East Rosecrans Boulevard Santa Fe Springs. California 90670 3 Note: Mr. Sneddon is listed as “SN” on index. 4 Mr. Zonen is listed as “Z” on index. Mr. Auchincloss is listed as “A” on index. 5 Mr. Nicola is listed as “N” on index. Mr. Mesereau is listed as “M” on index. 6 Ms. Yu is listed as “Y” on index. Mr. Sanger is listed as “SA” on index. 7 Mr. Oxman is listed as “O” on index. 18 Q. Mr. Klapakis did you suggest last week that 19 because of your discussions with the FBI you delayed 21 A. “Last week,” do you mean Wednesday? 22 Q. Oh that’s right. That’s right. You’re 23 right. How about Wednesday did you suggest that 24 the FBI — your discussions with the FBI had 25 something to do with a one-year delay in analyzing 27 A. No my discussion with the FBI had to do 28 with basically doing background investigations for 4415 2 Q. Did you suggest that the Department of 3 Justice and the State of California does not do 5 A. What I suggested was that their priorities 6 are for other agencies and we can do fingerprints 16 Q. Do you know somebody named George Levine of 22 Q. And what does he do to your knowledge? 23 A. Well he does a lot of things but I believe 26 A. Oh. I think George has been with the agency 27 longer than I have been with the sheriff’s 1 Q. Have you worked with him on fingerprint 4 Q. Now did you suggest to the jury that 5 because it took so long to separate pages out of 6 magazines that fingerprint analysis in this case 9 Q. What did you suggest when you told the jury 10 about the laborious process of removing pages from 12 A. Well that it was a multi-phase process and 13 that we wanted to — there were several things that 14 we had to do. We wanted to maintain control over 15 the evidence and not piecemeal it out. And because 16 portions of the magazines were in different 17 locations we had to do those phases at different 19 Q. And are you saying that contributed to a 22 Q. Okay. And how long was the delay in 23 analyzing fingerprints that you would attribute to 24 separating out pages from magazines? 25 A. I’m not quite sure I understand the 27 Q. You’ve said that separating pages out from 28 magazines caused a delay in analyzing fingerprints. 4417 6 Q. Are you attributing that delay exclusively 7 to your need to separate out pages from magazines? 9 Q. Okay. Now as the head of the search of Mr. 10 Jackson’s residence you were in charge of 11 determining what forensic tests would be done of 12 anything found in the residence true? 14 Q. Did you ask for any forensic tests on any 15 bottles that seemed to contain alcoholic beverages? 17 Q. Do you know if any forensic tests were done 18 on bottles that seemed to contain alcoholic 19 beverages found at Mr. Jackson’s residence? 21 Q. You saw bottles that seemed to contain 22 alcoholic beverages in the wine cellar correct? 23 A. I believe some of the investigators did, 25 Q. And you found bottles that seemed to contain 3 Q. You found bottles that seemed to contain 4 alcoholic beverages in Mr. Jackson’s bedroom true? 5 A. Yes there was a bottle of alcohol in his 7 Q. Do you know if any forensic tests were ever 8 done on any bottles that seemed to contain alcoholic 9 beverages in Mr. Jackson’s bedroom? 11 Q. Did it ever occur to you that trying to 12 determine whose fingerprints were on bottles of that 13 sort might have merit in the investigation? 14 A. Well it would — my belief is is that we 15 were talking about something that occurred eight 16 months prior to the service of the search warrant, 18 Q. How long do fingerprints tend to last on 19 surfaces based upon your experience as a police 21 A. They can last that long at least. 24 Q. Given what you had heard about potential 25 charges did it ever occur to you that trying to see 26 whose fingerprints were on glasses or bottles, 27 glasses that seemed to have contained or are used to 28 contain alcoholic beverages or bottles that seem to 4419 1 contain alcoholic beverages might be relevant? 5 Q. When the search went on in Michael Jackson’s 6 home did you have a particular location where you 11 understand. Did I have a desk or a chair? 12 Q. Did you — as head of the search did you 13 have a central location in the residence of Mr. 14 Jackson where people came back and forth to report 18 Q. So were you essentially walking around the 20 A. I was moving about the estate yes. 21 Q. Okay. And were you supervising what people 27 Q. Did you ever ask for any fingerprint 7 Q. Did you ever ask for a fingerprint analysis 8 of a lot of the mannequin-type toys you found in Mr. 11 Q. Did you ever ask for a fingerprint analysis 12 of anything you saw on the floor in Mr. Jackson’s 14 A. If some magazine material was found on the 16 Q. Was the fingerprint analysis you requested 19 Q. Did you ever request any fingerprint 25 Q. How about any of the doors you have to go 28 Q. Now other than fingerprints and DNA 4421 1 analysis is there any other type of forensic test 2 you wanted done during the day of that search? 4 Q. Were the forensic tests that you asked to be 5 done limited to looking for DNA and looking for 7 A. Well we — I also believe that photography 8 is part of forensic work and so we photographed the 9 different rooms of the estate and different things 10 of that nature but limiting it to that yes. 11 Q. Was any effort ever made to see if you could 12 find fibers hair or material in Mr. Jackson’s 13 bedroom that you could link to any of the Arvizos? 14 A. Well when we took the bedding from Mr. 15 Jackson’s bed. I wasn’t limiting it to biological 16 fluids. I was limiting — basically. I wanted a 17 complete analysis of anything that they found out 18 there. So we took the — all the bedding and left 19 it to the examiners to determine what evidence might 21 Q. And clearly you never found any of the 22 Arvizos’ DNA in that bedding correct? 24 Q. And you never found their hair or fibers in 27 Q. And you never found any of their prints on 28 any furniture linked to Mr. Jackson’s bed correct? 4422 8 Q. Let’s go back to some of the things you were 9 talking about last Wednesday that Mr. Mesereau was 10 asking you about and specifically the execution of 12 You were asked by Mr. Mesereau about what 13 you typically do in a typical murder case. Not that 14 there’s really a typical murder case. But with 15 regard to a murder case that occurs in a residence, 16 all right? When you have a murder case that occurs 17 in a residence what are you legally required to do 18 in order to process the crime scene? 19 A. We have to obtain a search warrant. 20 Q. And when you obtain a search warrant from a 21 judge to allow you to process the crime scene of a 22 residence are there ordinarily any time limitations 23 placed upon you in terms of how long you can remain 24 at the residence to complete the process of the 26 A. No. We could — it could take a day it 27 could take a week. Whatever it takes to process the 1 Q. And have there been cases involving your 2 agency in which crime scenes have been secured and 3 processed over the — over days and weeks? 5 Q. Have you ever in your experience and to 6 your knowledge with the sheriff’s department had a 7 residence and a ranch of the size of Mr. Jackson’s 10 Q. And just so the jury’s clear on this there 20 A. Well it involved a very large main house on 21 the estate. It also involved different buildings on 22 the estate. It — the estate the house was packed 23 with a lot of things that we had to go through. We 24 had to make sure that we were very careful with 25 them. And the search also conducted was in 26 different locations within the estate. 27 Q. Did you know at the time that you executed 28 the search warrant on November the 18th. 2003. 4424 1 whether or not Mr. Jackson was present on the ranch? 2 A. We were not aware that he was on the ranch. 3 Q. Now with regard to the time constraints 4 given to you with the execution of the search 5 warrant on Mr. Jackson’s ranch what time 10 A. Well. I had asked you if we could write in 11 the search warrant that we could take a couple of 12 days or more to conduct this search because of the 13 size of the estate plus the other things involved 14 in this investigation other searches. And through 15 that discussion it was decided that we were going 16 to have to do it within one day so as not to burden 17 the ranch and its employees with our presence longer 19 Q. And was there some relationship between the 20 amount of time and the number of personnel that you 21 needed to do it within the time constraints that you 23 A. Well based on the size of the estate we 24 felt that in order to get it done within that time 25 frame we had to have an abundance of personnel. It 27 Q. All right. Now with regard to the 28 questions Mr. Mesereau asked you about whether you 4425 1 gave any instructions to the people who were under 2 your supervision during the execution of the search 3 warrant; do you recall that question? 7 Q. You were also asked by Mr. Mesereau whether 8 or not you had — whether or not there were media 9 that were — that came outside the ranch on the 10 second search warrant that was executed almost a 11 year later in December of 2004. Do you recall that? 13 Q. And with regard to the source of the 14 information that was given to the media to your 15 knowledge was the sheriff’s department responsible 18 Q. And to your knowledge was it somebody 19 connected outside of the sheriff and law enforcement 22 Q. Now. Mr. Mesereau asked you several 23 questions about items that were found at certain 24 locations and used the word “unlocked.” To your 25 knowledge was the wine cellar unlocked when you 26 folks first got into the building on the morning of 1 Q. And with regard to the closets in Mr. 2 Jackson’s bedroom where the alcohol was located to 3 your knowledge was that locked or unlocked at the 4 time it was first approached by your folks? 5 A. His bedroom was locked and alarmed. 6 Q. And the closet in which the two bottles of 7 alcohol were found was that closet locked or 8 unlocked at the time that your folks first 9 approached that closet and opened it? 10 A. The — I’m not sure of the location you’re 14 Q. And the closets in the master suite? 15 A. I’m not sure of that. I know I wasn’t the 16 one of first ones to enter into the master suite. I 17 know the — I was — excuse me. I was the first – 18 one of the first ones to enter the master suite. 19 But as to the closets. I can’t tell you. 21 A. One closet was locked. It was on the — it 22 was on the left side library or left side bathroom, 23 excuse me. There was a locked door there. 24 Q. The one with the Jacuzzi-type tub? 26 Q. Okay. Now before you executed the search 27 warrant or before the search warrant was executed on 28 November 18th were you aware of the interviews that 4427 1 had been conducted with the Arvizo children? 3 Q. And were you aware of the information that 4 they had provided about the interior of Mr. 7 Q. At the time that you were executing your 8 search warrant on November the 18th of 2003 how 9 much time had elapsed between the time that you had 10 information that the crimes were committed and the 11 time you were executing the warrant? 13 Q. Now at that time. Mr. Mesereau asked you 14 whether or not you took any prints off the balcony 15 or whether you looked for hair or fibers or anything 16 else. Was there a reason that wasn’t really an 17 important part of the investigation at that 19 A. It just didn’t enter into the investigation 22 A. Well we were — we had certain information 23 regarding the crimes. We went in to the search 24 looking for those things. Our search was limited in 25 time and we were doing several other things, 26 interviews other searches in other locations. 27 The — this investigation was atypical because it 28 entered into other — other crimes other overt acts 4428 2 Q. With regard to the presence of the Arvizo 3 children in Mr. Jackson’s master bedroom and in the 4 suite itself at the time you were executing the 5 search warrant can you tell us whether or not there 6 was any doubt in the investigators’ minds that they 8 A. No they described it uniquely and it — we 9 actually knew where we were going when we – 10 MR. MESEREAU: Objection. Calls for hearsay 11 and speculation. And also it’s improper. 13 MR. SNEDDON: Judge what’s the basis? 14 Because I may be able to cure it. Because I didn’t 16 THE COURT: Well you’re talking about what 17 was in the other investigators’ minds. 18 MR. SNEDDON: I’m sorry then I can cure it. 19 Q. With regard to what was in your mind as the 20 lead investigator during the course of the execution 21 of this search warrant were you aware of the 22 information that the Arvizo children had provided to 26 that have an impact on you with regard to trying to 27 prove whether or not they were ever in those rooms? 28 A. No they had described it. And when we 4429 1 entered the room it fit their description. 2 Q. All right. Mr. Mesereau asked you one 3 other — another question with regard to whether – 4 you were trying to explain what — he uses the word 5 “delay” in the processing of the print. And you 6 answered the question. “No.” Why was there no – 7 you didn’t consider that to be a delay of over a 9 A. As Mr. Mesereau stated latents can stay on 10 an object for a long time. We were protecting the 11 items of evidence. They were in different 12 locations. We were conducting our processes as we 13 were able to. And ultimately we were able to 14 develop and stabilize the latents that we felt were 16 Q. Were there other items that were taken that 17 you believe could have been processed for forensic 19 A. Sure. We could have fingerprinted some 22 Q. With regard to this particular case there 27 Q. Was there a conscious decision made with 28 regard to those particular books and processing them 4430 2 A. Right. The — the books in a discussion 3 with Mr. Zonen was — we determined not to conduct 4 a latent fingerprint examination on them because 5 the process to do so would have one destroyed the 6 book and made the pages toxic. Mr. Zonen preferred 7 to keep the book in its original condition and so 8 the decision was made not to attempt the latent 10 MR. SNEDDON: Thank you. Nothing further. 19 Q. Your investigation. I’m talking about you 20 personally. Lieutenant began approximately June 21 13th. 2003 when you were contacted by Attorney 25 A. If that’s — I began in February 2003. 26 Q. Okay. But in the operations plan that was 27 developed and typed up for the search that you were 28 in charge of you attached a case timeline correct? 4431 1 A. The sergeant who developed the ops plan did, 8 A. Certainly mine. Sergeant Roble’s. 9 Q. With respect to that search you talk about 10 you being contacted by Attorney Larry Feldman on 13 Q. Okay. Do you know why that timeline doesn’t 14 include the investigation you were doing much 16 A. The ops plan is basically the synopsis a 17 brief synopsis of giving the investigators some 18 background on our investigation. I can’t tell you 19 why it didn’t have the February information. 20 Q. And the timeline associated with the 21 operations plan doesn’t include the fact that you 22 personally called the Department of Children & 23 Family Services and asked them not to interview the 25 MR. SNEDDON: Your Honor this is beyond the 4 MR. AUCHINCLOSS: Your Honor we’ll call as 6 THE COURT: When you get to the witness 7 stand please remain standing. Face the clerk and 27 A. I’m the president of Affordable Telephone 28 Systems in Ventura. California. 4433 1 Q. And what is Affordable Telephone Systems? 2 A. We’re an AT&T equipment dealer. 3 Q. And what do you do for Affordable Telephone 6 Q. All right. Do you actually go out to sites 7 and perform services in relation to telephones 12 Q. Do you have a background in — do you have 13 any training in the area of telephone systems? 15 Q. Could you describe that for me please? 16 A. I was trained by AT&T Corporation. 19 Q. What kind of training did you receive? 20 A. Technical training on their systems from 22 Q. And how long did this training take place, 25 Q. All right. And I take it you’ve had some 26 hands-on experience with this subject matter? 28 Q. Over the 20 years you have performed 4434 6 Q. Okay. On December 3rd. 2004 did you visit 13 A. To inspect the telephone system at the 14 ranch. And to give information on how the phone 15 system was configured programmed and would operate. 16 Q. Were you accompanied by law enforcement 21 Q. First of all tell me what type of system 24 A. It’s manufactured by AT&T. It’s called a 25 Merlin II system is the model. It’s a — we call it 27 Q. Okay. Are you familiar with the Merlin II 6 A. We — we inspected and looked at how many 7 telephone lines that were — from the telephone 8 company on the property were installed in the 9 system. We logged and inventoried all of the 10 telephones at each location on the system on the 11 property and looked at how the system was 12 programmed in terms of how you could make a call 13 out how you could receive a call. You know the 14 typical aspects of how the system would work. 15 Q. And how many lines did you find that system 16 included how many different telephone lines? 17 A. On the property there’s a total of 24 18 telephone lines or numbers telephone numbers that 19 come onto the property. Of those 24 lines there 20 are eight lines that’s connected to the Merlin II 22 Q. Okay. And the remaining 24 — I guess we 26 A. There’s one — there was one line that was 27 not — that was not on the system of the eight. 28 There were 15 lines that were connected to modems or 4436 2 Q. Okay. Were all of those 15 lines being 4 A. They had dial tone. I don’t know if they 5 were being used. There was dial tone at what we 6 call the demarc. Some of them might have been used; 7 some of them might not have been used. 8 Q. What did you say the demarc or the – 9 A. The demarcation point from Verizon. 10 Q. I see. And where is that located? 11 A. That’s located in the garage where the 23 Q. And did you inspect a phone that was located 24 in what’s known as Mr. Jackson’s personal bedroom? 1 Q. BY MR. AUCHINCLOSS: Mr. Green. I show 2 you — go ahead and help yourself to some water. 4 Q. I show you People’s Exhibit No. 165. Can 6 A. That is a Merlin 34 button telephone. 13 MR. AUCHINCLOSS: I believe this exhibit’s 19 MR. AUCHINCLOSS: All right. Thank you. 20 Q. All right. Mr. Green can you just briefly 21 describe for the jury how this telephone works? 22 A. Sure. This telephone — okay. All right. 23 You have — if you lift the handset and you 24 want to make a call out this system is programmed, 25 what we call in the phone industry pooled. What I 26 mean by that is all eight lines on the phone system, 27 on all the other phones on the property they – 28 they are a ten-button phone except this phone. On 4438 1 this phone you have your telephone lines that are 2 on each button here. Each of the eight lines. 3 So if I — from this telephone. I can 4 manually push this black button right here or any 5 of these black buttons and I can manually select 6 any one of the eight lines that I want to make a 8 On the — I don’t know if I’m jumping ahead, 9 but on the other telephone sets they don’t have the 10 lines that appear individually on a button. You 11 just — you just press a pooled button and the 12 telephone system selects at random a line that 13 you’re going to call out on. And you enter an 14 account code and then you get a dial tone and you 15 make that outside call and you can — from the 17 Q. All right. So the other phones on the 18 ranch — well let me start with was there another 19 phone that had similar capabilities on the ranch? 20 A. Yes. There were two phones — yes there 21 are two phones on the ranch that you could select a 22 line to call out on or — or listen in to a 23 telephone conversation on. That other telephone set 24 was in the — I would call it the administrative 25 office on the ranch. It’s a larger console larger 27 Q. Okay. And was that in a separate building 2 Q. Can you tell me — approximate its location 4 A. Yeah. It was in what I call the big 5 administrative office. It wasn’t a security office. 6 It was up the hill. It was the — it was the 7 administrative office the best I know it. 8 Q. All right. Now if I understand correctly, 9 the other phones on the property you could not 10 select which line you were going to use? 11 A. Correct. The other phones on the property 12 looked just like this phone except this row and 13 this row of buttons were not there. It’s a 14 ten-button phone. So it looked exactly like this, 15 minus — if I could just draw down here exit that 17 Q. You’re indicating the right-hand portion of 20 Q. Now but you still could not — you have 21 these eight buttons or it looks like – 23 Q. Yeah two lines of buttons on the left. 26 Q. Would that allow that person on a — let’s 27 say in the guest room would that allow that person 1 A. No. No all you could do is lift the 2 handset press the pooled button and the phone 5 A. The phone cabinet. I’ll call it a CPU. 6 Q. You also mentioned that in order to get an 7 outside line you needed to enter a code. What did 11 A. The phone system was restricted to where you 12 couldn’t just pick it up have dial tone and place a 13 call. You had to enter an account code. 14 Q. So if an individual did not have the account 15 code then it would be impossible for them to talk 17 A. That’s — yes to my knowledge. Uh-huh. 18 Q. All right. Now can you tell me what the 20 A. Yes we referred to it in telephone — it’s 21 our term that I want to — I want to join a 22 conversation that’s in place or I want to listen to 24 Or in business since this is a business 25 phone system it was transferred for office business 26 use if I was on line 1 and I wanted you to join me 27 in that conversation you could press the line 1 28 button and you could join the conversation. 4441 1 Q. Okay. So in a business setting that would 2 let a secretary barge in a conversation; would that 11 surreptitiously and I mean secretly without letting 12 the parties know that you were a third party 16 A. Well from this telephone if I saw that 17 somebody — if a telephone (sic) on the property was 18 on the phone. I would see — on one of these line 19 buttons. I would see it lit. There would be a red 20 light lit. And so if I wanted to listen in on that 21 conversation all I’d have to do is press this black 22 button lift the handset press this black button, 23 and I could listen to the conversation because I’ve 24 got what we call line access. I can select the line 25 I want to listen in on on this. Or I could press 26 the speakerphone button and mute it mute the 27 microphone and press the line I wanted to listen in 1 Q. All right. And if you — well let me 2 strike that. Does that phone have instructions on 7 Q. All right. So if you didn’t know how to do 8 that you wouldn’t be able to barge in without the 9 other people’s knowledge is that fair to say if 10 you didn’t have some kind of idea about how this 15 THE COURT: Overruled. The answer was, 17 Q. BY MR. AUCHINCLOSS: And would it be any 18 difficulty — would there be any difficulty in 19 connecting a recording device to this phone? 20 MR. SANGER: Objection; that calls for 28 Q. BY MR. AUCHINCLOSS: And I believe you said 4443 1 one of the ways you could listen in was on the 3 A. Yes. If you didn’t want to hold the 4 handset all you had to do is just press the 5 speakerphone and then press the “line” button and 6 you could sit there and listen to the conversation 7 without — hands-free without lifting the handset. 8 Q. Would you also want to hit the “mute” 10 A. You could also hit the “mute” button so that 11 it mutes the microphone on this telephone so the 12 caller that you are listening in on wouldn’t hear 14 Q. So they couldn’t hear you breathing or 17 Q. All right. Mr. Green did you bring — did 3 MR. SANGER: Well. I’m going to object to 6 Q. Can you identify this exhibit then? 7 A. Yes. Those are the telephone numbers that I 13 Q. Yes you may. Why don’t you check and make 14 sure that these are correct the correct numbers. 16 Q. There is one additional number on there? 23 Q. BY MR. AUCHINCLOSS: All right. Mr. Green, 24 I’m going to ask you to write that private number on 25 this exhibit at the bottom portion of it. 26 All right. So does this list contain a 27 complete listing of all the telephone numbers that 28 you found in the various systems at Neverland Ranch? 4445 2 MR. AUCHINCLOSS: Ask to admit People’s 3 Exhibit 298 at this time. Your Honor. 4 MR. SANGER: Your Honor. I’m going to object 5 and I’d like to approach on a very specific issue, 13 MR. AUCHINCLOSS: All right. I’m going to 14 ask to have this marked as an exhibit as well. 15 Q. Mr. Green. I show you Exhibit No. 299. 17 Q. Would you identify that for me please? 19 MR. AUCHINCLOSS: That’s the new exhibit 21 THE WITNESS: This is the report that I made 22 on December 3rd from Neverland Ranch and my 24 Q. BY MR. AUCHINCLOSS: Is that a complete copy 27 Q. There appears to be some handwritten items 28 on that particular report. Did you make those 4446 4 grounds of relevancy and it’s hearsay. 5 MR. AUCHINCLOSS: Well. I’m laying – 9 Q. BY MR. AUCHINCLOSS: And did you prepare 10 this report pursuant to your duties as the president 11 of Affordable Telephone Systems Incorporated? 13 Q. And have you prepared similar reports 14 concerning telephone systems as part of your duties 17 MR. SANGER: I’m going to object; relevancy. 18 MR. AUCHINCLOSS: I can make an offer of 21 Q. BY MR. AUCHINCLOSS: And so was this 22 prepared during the course of your business 23 activities at Affordable Telephone Systems? 25 Q. Was this report prepared at or near the time 26 of the event that you described in analyzing this 27 system and visiting Neverland Ranch? 28 A. Yes. I prepared — you know. I prepared 4447 1 this information at the ranch as I was — as I was 3 Q. And then did you reduce it to a writing when 10 Q. BY MR. AUCHINCLOSS: Did you write those 11 handwritten notes on there pursuant to the 12 information that you were preparing for this 15 Q. Is it just some additional handwritten 20 MR. AUCHINCLOSS: This is foundational. 21 THE COURT: The objection is overruled. 22 Q. BY MR. AUCHINCLOSS: Was it done pursuant to 23 your preparation of this report as a business 26 Q. And was it also done at or near the time of 27 the events that are on this — reported on this 9 Q. BY MR. AUCHINCLOSS: Do you have a duty when 10 you prepare these reports to accurately depict the 11 information that you’ve observed when you go out to 21 THE COURT: Well your — the objection was 23 MR. AUCHINCLOSS: All right. Ask to admit 24 No. 299 as a business record. Your Honor. 1 When did you go out and make that report? 3 THE COURT: And who requested that you go out 7 THE COURT: All right. It’s not a business 8 record. It was done in preparation of litigation 9 and it’s not admissible under the business records. 11 Q. We’ll do this — this will take a little bit 19 THE COURT: Wait a minute. Just a moment. 21 Q. BY MR. AUCHINCLOSS: Tell me – 22 THE COURT: You know. I don’t like to have 23 conferences but I need — I don’t know what the 24 problem with this record is that’s causing all this 25 difficulty. So would you come up here and tell me? 27 (Discussion held off the record at sidebar.) 28 THE COURT: It’s amazing what a little 4450 1 conference will do occasionally here. The problem, 2 which I didn’t get maybe you got was that those 3 are all Mr. Jackson’s private phone numbers and he 4 doesn’t want to receive all of those telephone 5 calls. So that was the only problem. And so we’re 6 going to work with this as best we can as long as 7 we can without revealing his personal phone 8 numbers. And I don’t know if we’ll succeed in doing 9 that but that’s what we’re going to try to do here. 10 MR. AUCHINCLOSS: And that’s fine. Your 14 MR. SANGER: And I don’t have an objection 15 to the foundation being laid for 298 but I’d ask 16 the Court just procedurally to delay receiving it 18 THE COURT: They’re having trouble in the 22 Yes. Your Honor. I was just saying I don’t 23 have any objection to the foundation for 298 based 24 on this witness’s testimony at this point. I’d just 25 ask the Court to delay receiving it in evidence 28 MR. AUCHINCLOSS: And that’s fine. 4451 1 THE COURT: I’ll make that ruling; that the 2 parties agree that the foundation is laid and we’ll 3 not admit it at this point until we can do something 5 MR. AUCHINCLOSS: That’s fine. Thank you, 7 MR. SANGER: May I proceed. Your Honor? 15 Q. All right. Let’s just clear up a couple 16 things right off the bat here. First of all this 17 phone system this Merlin phone system that you saw 18 at Neverland Ranch is a fairly standard business 21 Q. And the Merlin phone system that you saw, 22 that particular configuration was really one that 23 was developed and used primarily in the 1980s; is 26 Q. Phone systems have actually progressed quite 27 a bit farther than what you see there right? 1 Q. And that’s the kind of phone system that in 2 the late ‘80s you might have found in executive 3 offices insurance companies lawyers and so on; is 8 Q. And in your experience with Affordable 9 Telephone Systems in Ventura have you had occasion 10 over the last 20 years to install phone systems on 13 Q. Have you ever installed a phone system on an 16 Q. Okay. Have you installed a phone system on 17 an estate that involved a working ranch? 18 A. I probably have. I don’t recall at this 20 Q. Okay. What I’m getting at is where you 21 have a number of operations going on besides a 22 residence is there anything unusual about seeing a 23 business kind of telephone system on a working 25 A. Oh no. Not at all. It’s — no. 26 Q. Okay. And what you might do. I think you’re 27 doing okay but try to talk real close to the 3 All right. And particularly with regard to 4 the Merlin system it would not be unusual to see a 5 Merlin system like that installed in a working ranch 8 Q. And the fact that this phone system has not 9 been switched out for a brand-new system is also not 12 Q. All right. So you would expect at working 13 ranches and other business locations that there are 14 probably some Merlin systems still around; is that 17 Q. All right. Now you mentioned that — you 18 were asked is it possible to attach a recording 19 device to this telephone system correct? 25 attach a recording device to just about any 28 Q. All right. So there’s nothing in particular 4454 1 that makes this phone system any more susceptible to 2 being attached to a recording device than any other, 5 Q. Now another thing we talked about here was 6 being able to pick up a line that’s either in use or 7 not in use on this particular phone correct? 9 Q. In a typical telephone installation in a 10 home where you have more than one extension is it 11 usually possible to pick up a line that’s in use in 15 phones in their home generally have just exactly 16 that system. You pick it up — if it’s in use in 17 the kitchen and you pick it up in the bedroom you 20 Q. Home systems that have more than one line 21 often have that same capability. You can pick up 22 line 1 — let’s say you have two lines. You can 23 pick up line 1 or line 2 if it’s in use correct? 25 Q. All right. Now the history of business 26 phones without going into unnecessary detail, 27 before Merlin involved a couple of different kinds 28 of technology I want to go over with you okay? The 4455 1 first one is for those of us old enough to remember 2 all this it involved the business phones that had 3 the four five lines with the buttons at the bottom 4 and a “hold” button at the end correct? 6 Q. And there might be actually an intercom 7 button on one end and the “hold” button on the end, 10 Q. And under those old systems if anybody in 11 the property that was governed by this phone system, 12 whether it be a residence a ranch or a business if 13 anybody was on line 1 everybody else on the phone 14 system could see that from their phone correct? 16 Q. And they could just push the button and pick 17 it up and they’d be on line 1 and they could 20 Q. Okay. Now in those days there were 21 speakerphones somewhat primitive as I recall. But 22 it would also be possible to put a call on a 23 speakerphone that same way and listen correct? 25 MR. AUCHINCLOSS: I’m going to object. It’s 26 irrelevant to phone systems that existed before this 2 Q. After that — let me withdraw that. 3 At the same time as that more rudimentary 4 system existed there was the PBX system; is that 6 A. Right there were two types. After that, 7 the equipment that you’re describing was called 1A 8 key. And then they developed a key system and a PBX 9 system at the same time. The PBX was simply a 11 Q. Okay. And the PBX system continued into 13 A. Yes and it’s still today. Uh-huh. 14 Q. PBX system would allow an operator to answer 15 the phone and then switch the calls from one place 16 to another throughout the system correct? 17 A. Correct. Or an individual could do it. 18 Q. All right. When the hybrid key system came 19 along which is the Merlin system correct? 21 Q. It was a system that allowed more 24 Q. So it would allow a — it would allow you to 25 have a master console — or in this case you have a 26 master console and you have sort of a junior master 1 Q. And the junior master console was the one 2 that was found in Mr. Jackson’s living room area of 3 the first floor of his bedroom suite correct? 5 Q. And that allowed people to answer the phone 6 at different locations; is that correct? 9 administration building with the big console right? 14 Q. And to the extent that you have the eight 15 lines here you could do the same with this phone, 18 Q. Now since that time technology has 19 continued to march on since the ‘80s. I take it, 22 Q. And I don’t want to go into all the details, 23 but there are more sophisticated telephone systems 24 that are much simpler than this so you don’t have 25 to have all these buttons in order to make them 28 Q. Now you mentioned that there were eight 4458 1 lines that were on the direct system — well let me 2 withdraw that. There were eight lines that were on 3 this system that could be used by people in Mr. 11 Q. Okay. And by the “extension phone,” we’re 12 talking about the phones that simply had buttons 13 that allowed you to pick up and get an available 17 Q. All right. And those phones could also 18 receive a call if somebody were to direct it to that 19 particular extension; is that right? 21 Q. So if somebody answered the phone they 22 could say. “I want to put this call through to the 23 library because I believe Mr. Jackson’s in his 24 library and it’s for him so I’ll connect it to the 26 A. Right they could — yes they could 27 transfer the call to the library yes. 28 Q. All right. And the phones that were at the 4459 1 ranch were at various locations throughout the 15 And then on into Mr. Jackson’s personal 23 Q. All right. And you could also get the — or 24 the phone system also included the front gate the 25 little guard house at the front gate; is that 27 A. I didn’t examine that. I’m sure it did. 28 I’m sure there was a phone out there but I 4460 2 Q. You mentioned an administration building, 5 Q. So it was outside the manicured lawn area 6 that surrounded Mr. Jackson’s private residence; is 9 Q. And the administration building also is the 10 fire department they have a fire truck up there? 12 Q. So you had phone capability in the 13 administration building for the various 14 administrators the fire department and so on is 17 Q. The administration building there’s an 18 executive assistant or staff person up there who had 19 a desk in the main administration building correct? 21 Q. And that desk is where the main console 24 Q. All right. Now in the — you mentioned 25 that you needed to have some kind of code to call 2 Q. All right. So many systems you have to push 4 A. Some you have to press “9.” And an account 5 code is — is able to be programmed in so that you 6 can eliminate phone abuse. People — unauthorized 7 people making calls you don’t want to make calls on 9 Q. Now you were out there with sheriffs who 12 Q. So you were not chatting with the — with 15 Q. Okay. And you weren’t chatting with his 16 staff about how they set the phone system up or how 21 Q. So you weren’t able to determine whether or 22 not there were separate account numbers or there was 23 just one number that everybody was given to get an 6 Q. BY MR. SANGER: So based on your analysis of 7 this system there could have been one number that 8 would allow anybody on this Merlin phone system, 9 wherever the extensions were throughout the ranch, 10 it would allow somebody to hit the number and get 13 Q. All right. Did you determine — let me 14 withdraw that. So if somebody were able to make a 15 phone call to an outside number for instance, 16 somebody were able to call their let’s say, 17 boyfriend in Los Angeles from this phone if they 18 did it unassisted they would have to have the code, 19 whatever it was to get that outside line correct? 20 A. Not from this phone. But from all the other 22 Q. Okay. Okay. Good point. Thank you. I’m 23 talking about the extension phones and I guess I’m 1 Q. And we’ll come back to that. But as far as 2 the extension phones are concerned the ones that – 3 other than the administration building and this 4 phone if you want to get an outside line you put 13 Q. All right. So if somebody were say on an 14 extension phone at someplace on the ranch and they 15 were able to call as I say for instance their 16 boyfriend in Los Angeles you would expect that they 17 would know how to enter that code to get the outside 20 Q. And if somebody could enter that code and 21 get an outside line to call their boyfriend in Los 22 Angeles they could enter that code get an outside 25 Q. There’s no restriction on calling 9-1-1 from 26 any phone in this phone system other than simply 27 knowing the code to call out correct? 3 Q. By the way you mentioned the eight numbers, 4 and then you said there were 16 other numbers one 5 of which was a direct line to Mr. Jackson’s area in 6 what’s called the bathroom but there’s a sitting 7 area and all that off the main floor – 11 Q. Other than that direct number did you ever 12 figure out where on the ranch those other numbers, 15 Q. So when you say they came into the main – 16 you didn’t say “switch box,” and I’m going to say 17 that and I’m sure it’s wrong but the main — what 19 A. Demarc. Verizon’s telephone demarc. 20 Q. Okay. So the lines come in from off the 21 property from the telephone lines off the property 22 that service the rest of the world and they come in 23 to the property anybody’s property they come in to 24 a telephone box or telephone closet correct? 28 Q. And you know that these other 15 lines came 4465 1 in there you just never traced them out to see 3 A. Correct. We put — I made sure that they 4 had actual dial tone and — on the block. And from 5 my test set you know. I have a code that I can dial 6 and — when I hear dial tone and I can get a 7 recording from the phone company that tells me what 9 So I verified that those — that those 10 telephone numbers Mr. Jackson was being billed for 11 those telephone numbers he had live dial tone. 13 Q. In other words you take your phone — you 14 have a headset that has clips on it? 17 A. It’s a lineman — a lineman’s test set. 18 Q. A lineman’s test set okay. And you simply 19 clip that onto a line correct and then you dial a 20 number which we won’t say because everybody will 23 Q. And it will automatically - it’s kind of 24 cool - automatically tell you what phone number that 27 Q. And you verified that these are in fact, 28 phone numbers coming into the property you just 4466 1 never traced them to see exactly whatever phones 2 there were if any that were hooked up to them? 3 A. Right they weren’t in the phone system. 4 Q. They were not in the Merlin phone system? 6 Q. But you don’t know if there was another 17 outbuildings and check all the phones? 18 A. Yes. We checked the — we looked for phones 19 in the — in all of the buildings. And the only 20 phones that we saw were the Merlin ten-button 25 Q. All right. So based on your inspection of 26 the property all the phones were hooked into the 27 Merlin system with the exception of the 15 which 28 you couldn’t find a location for? 4467 1 A. Those 15 lines. They could have been 4 A. That’s correct. They could have been 5 connected to computers other types of devices. 6 Security. I’m sure some of those lines were 7 security lines connected to the security companies, 8 et cetera et cetera. But we were not able to gain 9 any information as to what they were connected to. 10 Q. Okay. And when you say “security,” do you 11 mean telephone lines as security or some kind of 13 A. Alarm line. Computer. You know for 14 dialing out on the Internet. You know anything 16 Q. But not something you communicate on in the 17 normal telephone fashion talk to somebody on? 18 A. Well they could have been used for that. 19 They could have been. They could have been used for 20 a computer to dial out to the Internet. They could 21 have been used for the alarm lines for the security 22 system that Mr. Jackson had on the ranch. 23 Q. Okay. But you didn’t find a source for 27 Q. All right. Now just as far as the exhibit 28 that we’ve admitted here there appears to be eight 4468 4 A. Those are the telephone lines connected to 5 the Merlin system at Neverland Ranch. 6 Q. And then there’s — below that there appear 7 to be 15 lines. Those are the ones that you just 12 Q. And the handwritten one on the bottom is the 14 A. Right. That’s Mr. Jackson’s private phone. 15 Q. And where did you find that phone that was 17 A. That phone was in his rooming quarters 18 downstairs in the bathroom to the left where the 22 A. Yes. In the same — in the same place. 25 Q. Was this in the bathroom? If you recall. 15 That the foregoing pages 4415 through 4470 16 contain a true and correct transcript of the 17 proceedings had in the within and above-entitled 18 matter as by me taken down in shorthand writing at 19 said proceedings on April 1. 2005 and thereafter 20 reduced to typewriting by computer-aided 2 IN AND FOR THE COUNTY OF SANTA BARBARA 3 SANTA MARIA BRANCH; COOK STREET DIVISION 5 RONALD J. ZONEN. Sr. Deputy District Attorney 7 Sr. Deputy District Attorney 1112 Santa Barbara Street 11 For Defendant: COLLINS. MESEREAU. REDDOCK & YU BY: THOMAS A. MESEREAU. JR.. ESQ. 13 1875 Century Park East. Suite 700 Los Angeles. California 90067 16 BY: ROBERT M. SANGER. ESQ. 233 East Carrillo Street. Suite C 19 OXMAN and JAROSCAK BY: R. BRIAN OXMAN. ESQ. 20 14126 East Rosecrans Boulevard Santa Fe Springs. California 90670 3 Note: Mr. Sneddon is listed as “SN” on index. 4 Mr. Zonen is listed as “Z” on index. Mr. Auchincloss is listed as “A” on index. 5 Mr. Nicola is listed as “N” on index. Mr. Mesereau is listed as “M” on index. 6 Ms. Yu is listed as “Y” on index. Mr. Sanger is listed as “SA” on index. 7 Mr. Oxman is listed as “O” on index. 3 Q. Mr. Green when was the last year that the 4 Merlin II system was made if you know? 5 A. I can speculate. I don’t know the exact 8 A. Yes. It was taken out of production in 9 probably the early ‘90s. ‘92. ‘93 maybe ‘94. 10 Q. And as far as the lines that we’ve talked 11 about those eight lines if an individual called 12 from outside Neverland called one of those eight 13 numbers where would that phone ring or where could 14 it ring maybe to begin with that question? 15 A. Okay. It could ring at the 34-button in Mr. 20 A. And it could be programmed also to ring at 21 any of the other telephones if it was programmed to 22 ring there. So it could ring at every single 23 telephone or only at one or two. Typically it 24 rings at the console or the — or the 34-button 25 phone. But it could ring — and you could do that 27 Q. Okay. And do you know how this particular 28 phone system was set up in terms of incoming calls? 4476 1 A. No because we weren’t allowed to have any 2 incoming calls ring in so we could test that. 3 Q. And — but typically it would be either the 5 A. Yes. On a — on an estate situation you 6 know usually the calls are screened. They come 7 into the console and are screened and then 8 transferred to wherever they want to go. 9 Q. Mr. Sanger used the example of a home phone 10 system as far as similarity regarding listening in 15 MR. SANGER: Objection leading. Your Honor; 19 THE WITNESS: It’s different in that on the 20 Merlin system if you were barging in on — if 21 you’re barging in on a call the caller on the – 22 the person on the other phone would not know that 23 you were — there would be no audio knowledge that 25 Q. BY MR. AUCHINCLOSS: So you could listen 26 secretly without any input audio input on the 1 Q. And at a home system when someone picks up 2 the phone and is listening in is there typically 3 some audio input that is noticeable to the other two 6 Q. And would the “mute” button also contribute 7 to the secrecy of listening to those calls? 8 A. If you were using the speakerphone yes. 9 Q. Does the “mute” button also work on the 14 Q. As far as other people’s ability to listen 15 in on your conversations does this system — is 16 this system set up where any of the outside lines at 17 Neverland and I mean just the lines that don’t 18 involve either the 34-button phone or the phone at 19 the office could any of those lines listen in? 21 Q. So would that be another dissimilarity 22 between home systems and this system? 27 THE WITNESS: No because you would have no 28 way on the other phones of selecting the line no. 4478 1 It has privacy. You couldn’t — from any of those 2 other phones you couldn’t listen in on another 10 First of all you could listen in on other 11 lines on the phone system from the console in the 14 Q. And that console is pretty much out in the 15 open there in the staff area of the administration 21 THE WITNESS: Well it was — when I 22 inspected it it was in a locked office. 23 Q. BY MR. SANGER: When you say “a locked 24 office,” though the administration building the 25 lock was on the front door of the administration 27 A. No there’s an office inside the 28 administration building as I call it. I don’t know 4479 1 if I’m you know using the right terminology but 2 there was an office inside there that was locked. 6 A. The detective had to have the ranch manager 8 Q. All right. And it was — there was a desk, 9 somebody working at this area correct? 14 Q. Let me ask the question again just so we’re 15 clear. It appeared to be a working area where 18 Q. And the point is whoever had access to that 19 phone would be able to listen in on phone calls as 22 Q. And you would expect — from your testimony, 23 you would expect that that’s one of the places that 24 the phone would ring so that phone calls could be 25 directed throughout the ranch correct? 26 A. Yes. The lines all had to ring at the 28 Q. All right. So not only could ring there. 4480 1 but you believe it did ring there at that console in 4 Q. The phone in Mr. Jackson’s — what we 5 call — it’s a blank screen. I’m kind of pointing 7 The phone that was up on the board what we 8 call a junior console in Mr. Jackson’s living area, 9 the phone did not ring there; is that correct sir? 10 A. I don’t know because we didn’t test any 12 Q. All right. And you can — as you said you 13 can program any of the other phones to — to be able 14 to answer the phone from that location; is that 17 Q. So if there was a phone for instance in 18 that guard shack — you said you didn’t go down and 19 look but assume there was a phone there that 20 appeared to be one of the extension phones you 21 could program that phone to ring so that the person 22 at the guard shack could answer the phone there, 25 Q. All right. You indicated these phones were 28 Q. But there are replacement parts and 4481 1 replacement phones that can be obtained if your 3 A. Yes there’s still refurbished equipment out 4 there. You know it — there’s millions of Merlin 5 systems out there that was produced. It was the 6 most widely sold telephone system in the world and 8 Q. Okay. And the most widely phone system – 9 sold system in the world this Merlin system had 10 that “mute” capability on all of the phones that 11 were sold throughout the world correct if they 16 Q. Yeah the speakerphone had a “mute.” 18 Q. Now almost all office or commercial kinds 19 of telephone systems today in fact have that 25 Q. All right. Thank you. You did mention one 26 other thing. You said something about an alarm 27 system. Did you determine whether or not there was 28 an alarm system in place at Neverland? 4482 1 A. There was an alarm panel in the garage. 2 And you know. I did not go in to the alarm system 3 to see what lines were attached to it no. 5 A. That wasn’t my area of responsibility. 6 Q. I understand. In your work in the telephone 7 industry and as a — the president of a telephone 8 company in Ventura do you have occasion to work 9 with alarm companies when they install – 12 And I think what we need to do. I’ve got to 13 avoid talking over you. And if you could wait just 14 an extra beat before you answer otherwise the court 15 reporter gets her fingers caught in the keys there. 19 When you go out to install a phone system at 20 the same time that an alarm system is being put in 21 place do you work with the alarm company? 23 Q. All right. And one of the things that you 24 often do is make sure that they have a telephone 25 line a secure telephone line so that the alarm 26 system can automatically call out to the alarm 27 company or to a law enforcement agency; is that 2 Q. All right. And so you saw some phone lines 3 that you thought the phone lines might — in fact, 4 one or more of them might be associated with the 5 alarm function at the ranch; is that correct? 7 Q. And based on your experience in installing 8 telephone systems is there anything unusual in a 9 large ranch property for the owner of the property 10 to have an alarm system hooked up to the telephone 12 A. No you wouldn’t have it hooked up to the 13 telephone system. You would have a telephone line 17 Q. Let me withdraw that so I don’t make it any 18 more complicated. I understand what you’re saying. 19 So what I meant was have the alarm system 20 hooked up to a telephone line. You’ve restated it 22 Is there anything unusual in a large ranch 23 operation whereby the owner of the property has an 24 alarm system hooked up to a telephone line that goes 2 Q. Is there anything unusual about the owner 3 and the family having an alarm system around the 4 immediate area where they reside to secure their own 5 personal safety where they are living? 7 Q. So you see that from time to time that 8 there will be a system that’s set up in the living 9 quarters actually where the family resides; is that 19 Q. Mr. Green as far as this barging system 20 works in the Merlin system as compared to a home 21 system is this barging system different only in the 22 fact that it has a “mute” button or is there an 23 additional feature that allows you to secretly 25 MR. SANGER: Objection. That’s compound; 26 leading; and beyond the scope of cross recross. 2 difference. On the Merlin system if I barge in, 3 the party that I barge in to cannot see any light, 4 any visual indication or audio indication that I am 5 listening unless he hears some background noise in 6 the back of me or he hears me breathing. 7 Q. BY MR. AUCHINCLOSS: So there won’t be a 16 Q. Oh and on that — if I may. Your Honor – 17 there’s no reason — you have absolutely no 18 information to suggest that this phone system was 19 installed for the purpose of listening in on other 22 Q. In fact it looks like a phone system that 23 was installed sometime in the late ‘80s and has just 24 been maintained there on this property ever since, 1 MR. AUCHINCLOSS: No further questions. 2 THE COURT: You may step down. Thank you. 11 When you get to the witness stand please 21 THE WITNESS: Larry Feldman. F-e-l-d-m-a-n; 7 Q. And would you share with the ladies and 8 gentlemen of the jury your academic preparation to 9 become a lawyer. Spare us the high school part. 11 A. I went to — ultimately graduated from 12 Cal-State Northridge where I’m proud to say I’m 13 getting the Alumni of the Year Award this year. 14 And thereafter I went to Loyola University 15 in Los Angeles where I graduated in 1969 as the 16 editor-in-chief for The Law Review and No. 1 in my 23 A. Currently. I am at a law firm called Kaye, 24 Scholer. K-a-y-e. S-c-h-o-l-e-r. It is in Century 26 Q. And does it have offices in other locations? 27 A. It does. All over the world. Its main 28 office is in New York but it has offices in 4488 1 Shanghai and Washington D. C.. Chicago. Los Angeles. 3 Q. What is the lawyer size of the firm? 5 Q. Now prior to the time that you — how long 10 A. Prior to that. I had my own law firm which 11 had different names from the time I joined it right 12 out of law school. But ultimately when — as of 13 January 2004 it was Fogel. Feldman. Ostrov, 15 Q. And were you the senior partner of that firm 18 Q. Just give the ladies and gentlemen of the 19 jury some idea of the type of practice of law that 21 A. I have been a trial lawyer all of my life. 22 I started in this firm that I ultimately was the 23 senior partner of right out of law school. I 24 started trying primarily cases for injured federal 25 workers railroad workers and seamen. It was called 26 The Federal Employers Liability Act and The Jones 27 Act. And I did other kinds of like automobile 1 It was — primarily I practiced a lot in 2 federal court some in state court and tried a lot 3 of cases in those years. And then slowly but surely 4 my practice developed. I started doing a much 5 broader array of cases from representing labor 6 unions to representing people involved in wrongful 7 discharge cases. African-Americans who had been 8 discriminated against big companies. Currently, 9 right now representing a class action in Washington 10 D. C. the largest class action of African-Americans 11 who have not been promoted appropriately. 12 I represent — on the other side of the 13 coin. I represent the Oakland Raiders in their many 14 courtroom battles. I represent — I have 15 represented a lot of entertainment people suing 16 studios. I have defended studios. I have 17 represented individual people who have legal 18 malpractice claims against lawyers. And I have 19 defended lawyers who have been accused of 20 malpractice. I have sued rock groups and defended 22 And so my practice really has grown from 23 what it once was into an array of cases from really 24 getting at this stage of my life some wonderful 26 Q. And did you at one time represent the late 28 A. I did represent Johnnie Cochran for ten 4490 1 years in a legal matter from the day or 2 thereabouts when he became involved in O. J. Simpson 3 till the end of that. Till 2000 and — January 2004 5 Q. What professional organizations have you 6 been associated with and participated in? 7 A. I was the president of the Los Angeles 8 County Bar Association. I was the president of the 9 Los Angeles Trial Lawyers Association. I was an 10 officer in the American Board of Trial Advocates, 11 which is an organization that you have to be invited 12 into and have to have a certain skill level in 14 I am what they call a Fellow of the American 15 College of Trial Lawyers which is limited to 16 1 percent of the lawyers in the United States. 17 Another organization that you have to be invited 19 The International Academy of Trial Lawyers, 20 where I am — which is limited to the top 500 22 I mean. I don’t know who’s making these 23 judgments but that’s sort of – 24 Q. It’s nice to be invited even though you 26 A. It’s one club you want to be invited into. 27 But I’m sure there’s somebody else who deserves to 28 be in this club who for some reason doesn’t get in. 4491 1 Q. And are there some committees that you 3 A. Yes. I’ve been appointed to — by the 4 governor to assist in selecting judges for the 5 Southern California area. I have been appointed by 6 the chief justice of the California Supreme Court, 7 both chief justices. Malcolm Lucas who was the 8 chief justice originally who had a blue ribbon 9 committee of lawyers throughout the state with 10 judges who are trying to improve the system of 11 justice for — so there would be better access to 13 Fancy people big corporations don’t have 14 any problems using the courts. But little people 15 have a lot of trouble getting through these courts, 16 and the chief justice had a committee as we moved 17 into the millenium to try to figure out how to 18 better access courts for individuals who couldn’t 20 And then just recently the current chief 21 justice of the Supreme Court asked me to be on a 22 committee to help with the discipline of lawyers. 23 There is a lot of criticisms that lawyers who should 24 be disciplined aren’t disciplined and that the 25 public doesn’t feel like we’re disciplining our own 27 And the State Bar is in charge of this 28 system as it exists right now. And there are these 4492 1 State Bar judges who judge it and there’s — I’ve 2 been asked to be on this committee to look at these 3 issues and try to develop a better system for making 4 sure that lawyers who need to be punished are 5 punished and that we have the right people in place 7 Q. And have you done some teaching in your 9 A. In my spare time when I’m not in Santa 10 Maria testifying. I do. I am — I taught last week 11 at Loyola. I do a lot of teaching to judges to 12 lawyers to law students on different things about 13 the law from ethics to how to try a lawsuit a 14 whole potpourri of different things. 15 I’ve written a lot about — articles and 16 chapters in books about how to try lawsuits or some 17 aspect of some part of a case that I may have tried. 18 Q. Let’s turn to a specific case if we can, 19 and I’d like to focus your attention to the year 21 Are you familiar with a then young boy by 24 Q. And how did you become involved — by the 25 way did you know — when you first met Jordan 26 Chandler do you recall how old he was? 28 Q. And how did you become involved with Jordan 4493 4 THE COURT: Calls for a narrative sustained. 5 Q. BY MR. SNEDDON: Well describe to us then, 6 the first contact you had with regard to Jordan 10 extent it calls for hearsay. I’m going to object. 13 THE WITNESS: A lawyer in the community 14 referred his — the parents and — are we using his 19 A. Okay. Who used Jordie — who brought Jordie 20 to me a lawyer who was representing the father of 21 Jordie at the time. If I recall. Jordie was being 22 represented at the time for like 20 minutes or so, 23 by Gloria Allred. They wanted to switch lawyers. 24 And he asked me to interview the family and I did. 25 Q. And as a result of the interviews and what 26 other actions you also took did you eventually end 27 up filing a lawsuit against the defendant in this 6 A. You know without seeing the lawsuit the 7 mother and father if I recall correctly — I could 8 be wrong about this without seeing the lawsuit. I 9 thought the mother and father were just the 10 guardians and didn’t have their own claims that we 11 asserted. I don’t think we ever asserted any claims 12 on behalf of the mother and mother. We just 14 And the parents in the Chandler case were 15 divorced and there was a lot of acrimony between 16 mom and dad and in order to keep peace between mom 17 and dad. I came up with the idea that there should 18 be a joint guardianship and I think we took – 20 Q. All right. With regard to that particular 21 case which would have been. I guess. Chandler 2 Q. And in that particular lawsuit do you 3 remember how many causes of action you alleged? 4 A. I think seven roughly seven causes of 9 Q. BY MR. SNEDDON: And with regard to the 10 causes of action what was the nature of the causes 11 of action alleged against the defendant Mr. Jackson? 12 A. The sexual molestation of Jordie Chandler. 13 Q. Now did that particular case the case of 14 Chandler versus Jackson eventually result in a 18 settlement was there a particular form that the 25 Q. And with regard to the settlement was it – 26 you’ve heard - I’m sure you’re familiar more than I 27 am - the term “confession of judgment”? 1 Q. Was that particular form of document used in 5 THE COURT: What’s the relevance. Counsel? 6 MR. SNEDDON: The form of the settlement in 7 terms — I mean the form of the settlement — do 8 you want me to go ahead and speak out or do you 10 THE COURT: I asked you the question. 12 understand it there are settlements that are done 13 by way of contract and there are settlements that 14 are done by way of confession of judgment. 16 MR. SNEDDON: The legal effect of the 20 Q. BY MR. SNEDDON: All right. I’m — you’re 21 far more capable than I am of delineating the 22 differences but is there a difference between a 23 civil settlement that results from a contract and 24 one that results from a confession of judgment? 26 Q. All right. Would you explain to the jury 27 what the difference is and what the legal effect is? 28 A. Yes. In a confession of judgment it is as 4497 1 though we went to trial and had a lawsuit and the 2 jury came back with a verdict and we had a judgment, 3 or the Judge came back with a finding. 4 And when the Judge says somebody’s at fault, 5 and “Here’s your damages,” you put it into a 6 judgment. And when you have a judgment you can 7 file that judgment in the county and then you can 8 execute on that judgment so that if — and ju

The True Face of Jehadis

Finally the guard inspector a Mr. Khan arrives and pulls up a battered chair…. Najma is lying he announces to protect her father from a previous charge of having assaulted the guard constable. (Her create is a small defeated man pushing 70 who can barely walk.) The medical evidence. Khan continues reveals Najma to be a “habitual fornicator,” based on certain measurements he is not at liberty to divulge. To conduct his investigation he says he personally traveled to the village and interviewed “60 or 90 people in the village mosque.” All declared the police constable incapable of committing such a crime. The case he says is closed. It is dark by the time Rehman pulls away from the police displace musing on what will happen to Najma’s family. “If they don’t leave immediately they will be in danger,” he says. “The constable could send men to rape the other sister or to rape Najma again. Or he might kill them all to alter an example of them or to punish them for going to the police.” We never do find out what happened to Najma but at least she knew she’d been done do by even if she had no access to justice; Umme doesn’t change surface know what she has lost. One’s body has been violated; another’s mind. Perhaps Najma can go beyond the vileness of what she has experienced. Umme cannot even begin to address her loss. is one of the most remarkable ones I undergo ever construe. Not too many of us undergo the opportunity to not only watch a turning point in the history of the world but to rest at it’s very epicenter looking drink into the yawning abyss. I find I do not envy Mr. Mir in the least. His is a valuable if mostly thankless task: an attempt to chronicle the slow but steady conversion of Pakistan from the “refuge of Muslims” as envisioned by Mr. Jinnah sixty years ago to the “Islamic state” cherished by people such as Umme Ayman. The remarkable foreword penned by Khaled Ahmed is a fair indication of the kind of storm Mr. Mir must face on a daily basis: this is “not a book of analysis or opinion,” says Mr. Ahmed. “it simply puts together the mosaic of reportage in such a way that it creates a narrative that might yield grounds for analysis. This should offend no one.” change surface more remarkable is the fact that he is absolutely right - Mr. Mir has indeed refrained from commentary and allowed his exhaustively well researched facts to form a narrative on their own. And what a narrative they make. The story arcs from the Cold War to the post-9/11 world; Independence from British India in 1947 to the fledgling efforts at liberation from a military dictatorship; it encompasses the foreign policies of the United States of America the Kingdom of Saudi Arabia. Afghanistan. Pakistan. India and pretty much every single country that you can think of that’s had a hand in shaping the post-Cold War era of global politics; and an invaluable indepth history of the main players in the Jehadi market. Eventually the context fades to the background and the flesh and blood characters emerge. On the one hand it is a completely terrifying book: it is full of the kind of people and stuff that all our nightmares are made of. But it is also fascinating to read of men running terror networks with all the elan of well-to-do shopkeepers. Consider the suicide bomber who rammed General Musharaff’s cavalcade in one of the earlier attempts at his life: the man spent his measure few minutes on hide burning up the telecommunicate lines allegedly receiving updates on the General’s movements from an army officer in the experience. In popular imagination he would have sat in his car sweating bullets thinking once twice a million times about what he was about to do unable to concentrate on anything other than the enormous go he was about to take. But the phone records reflect a person who might just as come up be a stockbroker figuring out the best measure to buy or sell. The true value of this book actually lies in its narrative change surface if it can read like a cold assort of men and deeds at times especially if you read it at one sitting. It allows the reader to focus on the characters introduced to us to the exclusion of all else. There are no human arouse stories here no Najma who was raped or Umme who has never had an opportunity to acknowledge the complexities of her history to pull at your attention. Mr. Mir is an author who having determined the scope of his schedule sticks to it with determination. He promises us the true face of jehadis and so he delivers. These are men of different beliefs and different goals working in tandem or on their own in a murky world where loyalties alter with dizzying speed and end objectives dilute themselves into survival tactics. He presents us with the Pakistani Army the ISI various terror outfits that frequently change their names to act one step ahead of alerts that go out from international agencies and the main players in these circles such as Dawood Ibrahim (a man he pegs as someone possibly more or as dangerous as Osama bin Laden without the kind of worldwide notoriety the latter has achieved). He breaks down the acronyms so many of us see on a daily basis - such as the HuM. LeT and JeM etc - into portraits of real populate rather than the one massive block of terror organizations they sometimes appear to be. It’s a world full of rivalry and warfare death and betrayal. Unfortunately however some religious-minded (pro-jehad) officers already inhabit the top echelons of the Pakistan army. The military top brass aside the alleged release of an unsigned earn on the GHQ letterhead in October 2003 had hinted at the prevalent resentment among the second-ranking leadership of the Pakistan Army. The earn written in Urdu in the create of a petition had been circulating among army officers for quite some time before being made public on October 20. 2003 when the Alliance for Restoration of Democracy president. Makhdoom Javed Hashmi addressed a press conference in Islamabad to channel the same. But Hashmi’s decision to make it public was construed as sedition and he was subsequently sentenced to 23 years in prison for inciting arise in the army. “Pervez Musharraf has turned Pakistan—the fort of Islam—into a slaughterhouse of the Muslims”. The letter applauds the parliament claiming that had it not been constituted the Pakistani army would undergo been dispatched to Iraq to kill ‘our brothers’. The earn asked the parliament to discuss a range of issues: “What were the objectives behind the Kargil venture? Why did Pakistan suffer massive losses change surface higher than what it sustained in the 1965 and 1971 wars? Why has not Pakistan desire India instituted an inquiry equip into Kargil?” The letter then revealed information quite sensational—and incredible—in its sweep. It alleged that the commander of the Kargil war. Major command Javed-ul-Hasan had been a military connecté in the US for four years and had worked there under the CIA’s supervision. “The Kargil war was waged at the behest of the US. He (Major command Javed) was even attacked by the officers and jawans for his poor planning of the (Kargil) war. But his mentors got him promoted as Lieutenant General though he should undergo been sacked”. lay Services Public Relations Director General. Major General Shaukat Sultan thought the letter Hashmi had released was forged and meant to harm.

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Texnomic Thinking'04 - ADSL Line Sharing is Illegal

My sign scan for the internet I found a very interesting statement for DR. Tarek Kamel. attend of Communication and Information Technology which was “The international average each one ADSL lines is used by 3 persons. However in Egypt sometimes 10-12 people use only one line. This has made it hard to indicate the be of ADSL function users”. Also I found another interesting statement talking about cooperation of entity called “NTRA Egypt” and Egyptian ISPs (Internet Service Providers) to prevent ADSL lie sharing and yet another interesting statement for Ahmed Osama. Manager of Governmental Relationships in TEData he said about the cooperation that “This step is good for the prospected service development”. As always. Newspapers are so loosely written and no one can get true legal information about anything they are just communicating with the masses so not much legal background is needed just big ambiguous words like: Legal Sanctions. Legal Investigations and etc. I was lucky. I found a site. It was the site of “National Telecommunication Regularity Authority” in Egypt. And just by looking in the domiciliate page. I found exactly what I need. The Official Announcement for the awareness campaign. Here it is…As part of its mission to enhance consumers’ awareness regarding all issues related to telecommunication affairs the NTRA launched an awareness campaign on ADSL line-sharing legality the campaign focused on the following: • Permission to share ADSL service through one lie is deemed as a re-provision of the service. It is deemed illegal according to Telecom Law # 10 of 2003 which prohibits re-provision of telecommunication services for others than those licensed by the NTRA. • ADSL line sharing implies utilization of the telecommunicate line by a unit other than the leased one. That is deemed prejudice to the contract made between line holder and Telecom Egypt providing that utilization of line is allowed only for the leased unit. Telecom Egypt is hence entitled to nullify the assure.• ADSL line sharing negatively impacts the quality of the provided service. • ADSL line sharing makes lie owner vulnerable for being legally liable in case that any participant commits a cyber crime or offence. Investigations will surely bring about to the line owner with no liability on the part of any of the participants.• ADSL line sharing makes line owner liable for paying the bills of any of the Internet services in case any of the participants.

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Book Review: The True Face of Jehadis by Amir Mir

Amir Mir is a well known journalist not only in his native Pakistan but also in neighboring India where his articles be in publications such as Outlook. His book. The True Face of Jehadis – Inside Pakistan’s communicate of Terror is one of the most remarkable ones I have ever read. Not too many of us have the opportunity to not only witness a turning point in the history of the world but to rest at it’s very epicenter looking down into the yawning abyss. I sight I do not admire Mr. Mir in the least. His is a valuable if mostly thankless assign: an act to chronicle the slow but steady conversion of Pakistan from the “refuge of Muslims” as envisioned by people such as Mohammad Ali Jinnah sixty years ago to the “Islamic state” cherished by certain sections of Pakistani society today. This is not a schedule that tells us a story it presents us with a portrait instead. The remarkable foreword penned by Khaled Ahmed is a fair indication of the kind of storm Mr. Mir must approach on a daily basis: this is “not a book of analysis or opinion,” says Mr. Ahmed. “it simply puts together the mosaic of reportage in such a way that it creates a narrative that might furnish grounds for analysis. This should offend no one.” It sounds like a tall order but Mr. Ahmed is absolutely right - Mr. Mir has indeed refrained from commentary and allowed his exhaustively well researched facts to form a narrative on their own. And what a narrative they alter. The scope of the story arcs from the Cold War to the post-9/11 world; Independence from British India in 1947 to the fledgling efforts at liberation from a military dictatorship today. It encompasses the foreign policies of the United States of America the Kingdom of Saudi Arabia. Afghanistan. Pakistan. India and pretty much every single country that you can think of that’s had a transfer in shaping the post-Cold War arena of global politics. He also gives us an invaluable in depth history of the main players in the Jehadi market. Eventually the context fades to the background and the flesh and blood characters emerge. On the one transfer it is a completely terrifying schedule: it is full of the kind of people and stuff that all our nightmares are made of. But it is also fascinating to construe of men running terror networks with all the elan of well-to-do shopkeepers coordinating their efforts to interpret the best price in a competitive merchandise. Consider the suicide bomber who rammed General Musharraf’s cavalcade in one of the earlier attempts at his life: the man spent his last few minutes on earth burning up the phone lines allegedly receiving updates on the command’s movements from an army command in the experience. In popular imagination he would have sat in his car sweating bullets thinking once twice a million times about what he was about to do unable to concentrate on anything other than the enormous step he was about to act perhaps calling it all off at the measure minute. But the phone records designate a person who might just as well be a stockbroker figuring out the best measure to buy or sell. The true value of this schedule actually lies in its narrative change surface if it can read like a cold assort of men and deeds at times especially if you construe it at one sitting. It allows the reader to focus on the characters introduced to us to the exclusion of all else. There is a terribly sad portion in the of measure month’s National Geographic in which the writer recounts his meeting with one of the militant young women who took over a children’s library in Islamabad. Pakistan. Dressed in a burkha talking in English she expressed her hopes and dreams for her country: a return to that ideal of an Islamic state. When the compose of the bind objected telling her that the founders of Pakistan especially Mr. Jinnah had dreamt quite a different dream for this hard won land of theirs she was shocked. “That is a lie,” [22-year-old Umme] Ayman says her voice shaking with fury. “Everyone knows that Pakistan was created as an Islamic state according to the ordain of Allah. Where did you read this thing?” I don’t experience what this says about me but at the end of the bind. I came away feeling worse for young Umme than for 16-year-old Najma who had been raped by a guard constable in request to 'convince' her family to sell him a carve up of their land. Najma and her family “did all the right things” as the local human rights campaigner puts it including medical tests and attempting to file a guard inform. Her recognise? Finally the police inspector a Mr. Khan arrives and pulls up a battered head…. Najma is lying he announces to defend her father from a previous rush of having assaulted the guard constable. (Her father is a small defeated man pushing 70 who can barely walk.) The medical bear witness. Khan continues reveals Najma to be a “habitual fornicator,” based on certain measurements he is not at liberty to tell. To conduct his investigation he says he personally traveled to the village and interviewed “60 or 90 people in the village mosque.” All declared the guard constable incapable of committing such a crime. The inspect he says is closed. It is dark by the measure Rehman pulls away from the police station musing on what will happen to Najma’s family. “If they don’t leave immediately they ordain be in danger,” he says. “The constable could displace men to rape the other sister or to rape Najma again. Or he might kill them all to make an example of them or to punish them for going to the police.” We never do find out what happened to Najma whether she made it out alive or not but at least she knew she’d been done wrong change surface if she had no access to justice; Umme doesn’t change surface experience what she has lost. One’s be has been violated; another’s mind. Perhaps Najma can go beyond the vileness of what she has experienced. Umme cannot even begin to communicate her loss. But there are are no such stories in True Face; no Najma who was raped or Umme who has never had an opportunity to acknowledge the complexities of her history to pull at your attention. Mr. Mir is an author who having set the scope of his book sticks to it with determination. He promises us the adjust approach of jehadis and so he delivers. These are men of different beliefs and different goals working in tandem or on their own in a murky world where loyalties alter with dizzying speed and end objectives quickly weaken themselves into survival tactics. He introduces us to the Pakistani Army the ISI various terror outfits that frequently change their names to act one step ahead of alerts that go out from international agencies and the main players in these circles such as Dawood Ibrahim (a man he pegs as someone possibly more or as dangerous as Osama bin remove without the kind of worldwide notoriety the latter has achieved) and Ayman al-Zawahiri (whose connection to terror in Pakistan has been overshadowed by his decision to connect Osama bin Laden). He breaks down the acronyms so many of us see on a daily basis - such as the HuM. LeT and JeM etc - into portraits of real populate rather than the one massive block of terror organizations they sometimes appear to be. It’s a world full of rivalry and warfare death and betrayal. Eventually one gets the impression that one is peeping into an alternate.

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Iranian campus foment, media failures and Sec. Rice digs a new ...

How can we make anti-Ahmadinejad discontent among Iranian students more effective? (see 1 below.)More after the fact. IDF raids on Hamas militia who constantly target Israel with rockets. The rockets now are capable of longer range. Olmert is engaged in military response activity which is a waste of furnish and munitions and also sends a signal of weakness and indecisiveness. This new raid change surface missed its target and wounded several civilians. (See 2 below.)However. Dan Izenberg believes longer be missiles may change Olmert's entire defensive approach and thus added a new mark to the military equation. (See 2 below.)Randall Hoven is ticked at the media for all their false writing and stories and enumerates a whole host of them. (See 3 below.)Meanwhile. Frank Friday reports on renewed store convoys to Jordan of Iraqi oil as a result of the quieting force of The blow up and claims it to be another unreported study event media types disregard because it connotes success. (See 4 below.)Caroline Glick believes Sec. Rice and her "underlings" could be doing more harm than good with their strategy and could be dragging Israel into a war. Glick believes by placing no conditions on Arab leaders accepting Israel the conference scheduled in November is a failed effort from the start and has turned the cards on the United States. Glick argues furnish and Rice are so anxiuous to have a diplomatic achievement they undergo played into Hamas' hands and strengthened them. I could not accept more. We always accept pressuring Israel to make concessions ordain carry movement on the part of the Arabs. It simply encourages Arabs to escalate demands which ultimately arrive unacceptable levels. Our diplomatic efforts are mostly naive and based on false premises. The State Department never learns from past failures. (See 5 below.)Dick1)Tehran University students sing “Death to the dictator” ahead of Ahmadinejad speech Monday walk with his supportersIn December at another Iranian university students disrupted is speech and burned his picture. Ahmadinejad is accused of clamping down on dissent in Iranian campuses. In his latest shocker. Ahmadinejad said Friday: Zionists should be relocated in Europe or "big lands desire Canada and Alaska." On al Qods day which the Islamic Republic devotes annually to huge anti-Israel rallies the Iranian president repeated his call for a global referendum on Israel’s ordain.2) IDF: Hamas now in beat control of Gaza arms smuggling By Amos Harel and Avi IssacharoffHamas now has end control over the smuggling routes from Egypt having forced the clans that previously controlled these routes to take orders from it say senior officers in the Israel Defense Forces. The officers said there has been a sharp increase in the quantity of explosives including various types of rockets smuggled into the Gaza Strip from Egypt over the last few weeks. They added that the arms smuggling has expanded markedly since Hamas seized hold back of the enclave this summer and ousted forces from the rival Fatah party that had previously been stationed along the Gaza-Egypt border. The Israel Air compel carried out an air touch on the northern Gaza take before begin Monday targeting what it said was a cell of militants responsible for a mortar shell contend against Israel. Palestinian witnesses said that seven civilians had been wounded in the touch two of them seriously. Israel Radio reported. The witnesses added that the apparent target of the strike had been missed and the militants escaped without injure. The Israel Defense Forces said early Monday that the IAF had identified hitting its target following the strike. Army communicate reported. On Sunday a Grad-type Katyusha rocket fired from Gaza landed come Netivot a town out of arrive of the shorter-range Qassam rockets. The arise caused no casualties and Israel is not expected to act militarily. But the senior officers said the increasing be of the rocket blast from Gaza increases the chances that Israel will eventually launch a major military operation in the Gaza Strip. The Grad Katyusha has a be of about 20 kilometers - almost manifold that of the Qassam. Military Intelligence chief Amos Yadlin told the cabinet on Sunday that Hamas opposes the U. S.-sponsored peace conference scheduled to act place in Annapolis next month and will probably try to launch attacks in an effort to torpedo it. An analysis of the rocket that landed come Netivot indicates that it was smuggled into Gaza rather than being manufactured locally. At least one shipment of Grad Katyushas is known to undergo been smuggled into Gaza last year but the IDF says there could have been additional deliveries of which Israel was unaware. Fatah sources told Haaretz on Sunday that terrorist organizations in Gaza recently received another shipment of about 70 Grad Katyushas. The IDF said it could not confirm this report. The Popular Resistance Committees claimed responsibility for Sunday's open. In 2006 two Katyushas were fired at Israel from Gaza both by Islamic Jihad. In addition to the Katyusha at least 10 daub shells were fired at Israel from Gaza on Sunday. Eight of the shells landed in Kibbutz Kerem Shalom and one scored a direct hit on a accommodate causing major damage though no casualties. The kibbutz has come under daily mortar blast in recent weeks. The other two shells landed in open areas in the Negev. While Hamas claimed credit for the daub blast. Palestinian sources in Gaza said that the Islamic group was not involved in the Katyusha open. But they said Hamas has made no effort to prevent such launches and has given all the Gaza terrorist organizations a color light to blast at ordain on Israel. Also Sunday the body of Rami Ayyad a prominent Palestinian Christian activist was found in Gaza City. Ayyad. 30 had been kidnapped a day earlier. He was apparently shot by his captors. The reasons for his killing are comfort unknown but Ayyad who worked for the Protestant Holy Bible Society had been threatened by Islamic extremists in the past. About six months ago his organization's Christian bookshop in Gaza City was bombed. In addition to running the bookshop. Ayyad a married create of two was come up known for offering financial assistance to distressed Gaza residents. In the West tip the IDF arrested four wanted Palestinians in the Ramallah and Hebron regions yesterday. Soldiers came under fire in the Ein Beit Ilma refugee camp in Nablus and a grenade was thrown at IDF troops in Qabatiyeh south of Jenin. Neither incident caused any casualties. Netivot attack could mean end to defensive posture By DAN IZENBERGThe Grad-type Katyusha rocket that struck Netivot on Sunday may add a new urgency to the tactical consider as to how best to argue the civilian community in southwest Israel against Katyusha. Kassam and daub attacks from the Gaza take. RELATED * Anatomy of a KatyushaNetivot Mayor Yehiel Zohar gave an indication of that when he told Israel Radio his request to alter Netivot's schools had been turned down by the government on the grounds that his city was outside the seven-kilometer limit of the "southern confrontation lie." Until now the challenge of how beat to argue the civilian population has focused almost exclusively on the "Gaza periphery," as defined by the government in a series of decisions dating approve to the disengagement from the Gaza take. As early as 2001 and 2002. Palestinian terrorists had begun to fire rockets at Sderot and the.

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NATIVE VOTE: AMERICAN INDIANS, THE VOTING RIGHTS ACT, AND THE ...

by Daniel McCool. Susan M. Olson and Jennifer L. Robinson. New York and Cambridge: Cambridge University Press. 2007. 232pp. Hardback. $80.00/£40.00. ISBN: 9780521839839. Paperback $24.99/£16.99. ISBN: 9780521548717 eBook format. $20.00. ISBN: 9780511276125. Reviewed by Scott E. Graves. Department of Political Science. Georgia State University. telecommunicate: polseg [at] langate gsu edu pp.760-763 The authors of NATIVE VOTE have produced a well-researched compelling and insightful book on the voting rights of American Indians filling a major gap in judicial politics scholarship. Although there have been several treatments of the relationships between American Indians and legal institutions in recent years as well as several excellent books cataloging the successes and frustrations of the Voting Rights Act (VRA). Daniel McCool. Susan Olson and Jennifer Robinson combine treatments of the often-peculiar legal circumstances of Native Americans with changes in the conceptualization and recognition of voting rights throughout United States history. Certainly the book will be a welcome reprieve to scholars interested in voting rights who are tired of analyses of BUSH v. GORE. Although those scholars will want to add NATIVE VOTE to their shelves many of the subjects dealt with in the text are presented in a way that ordain whet their appetites rather than treated exhaustively. The authors are political scientists and while they do not shy away from substantive interpretation of voting rights case law extensive doctrinal analysis is not their primary go. Instead they offer thorough characterizations of voting rights litigation on behalf of American Indians several in-depth studies of cases based on the VRA and some consideration of the impact that expansion of American Indian electoral participation has had and ordain have. The book uses multiple methods referring extensively to act documents and litigants’ briefs in order to present arguments made and considered as well as those reflected in act opinions and presenting the results of some original elite interviews in the concluding chapters. In several instances however the reader will likely wish that the authors had gone into more depth or be to follow up on the authors’ descriptive treatments. Still the main text covers American Indian voting rights in considerable depth over a substantial time period and from several angles in less than 200 pages of engaging and fluid prose appropriate for an advanced undergraduate course on voting rights. Most of NATIVE VOTE is devoted to analysis of how the VRA has been applied to American Indian voting rights but the first chapter provides some background on the difficult struggle to increase the alter to vote to Native Americans. Chapter Two presents the legislative development of the VRA and its amendments as the law [*761] is repeatedly adjusted to broach with efforts to restrict voting rights. The chapter also briefly introduces the primary actors in Native American voting rights litigation. The third chapter begins the exploration of VRA litigation with a discussion of the landscape of cases brought under the Act since 1965. Each of the next three chapters focuses on a single case all based at least in move on Section 2 of the VRA. In Chapter Seven the authors present their analysis of how this litigation has affected the conditions of Native Americans relying on documentary and demographic evidence as come up as interview data while the last chapter offers some conclusions about where we are and where we are going in regard to American Indian voting rights. Chapter One takes on the prodigious task of laying out the background for the be of the book. Most of the activism undertaken under the VRA and detailed in the subsequent chapters addresses various mechanisms abridging the votes of American Indians but the first chapter covers the lengthy assay for recognition of a alter to vote by Indians in the first place. Extension of voting rights to American Indians in general came only after their recognition as citizens by a 1924 Act of Congress and this chapter endeavors to summarize the developments leading to the VRA in just 20 pages. Much of the contrast over American Indian voting rights is attributed to the confusing and contradictory positions articulated in the “Marshall trilogy” and other statements that seemed to accept Indian communities as sovereigns but dependents at the same measure. The authors describe various ways that states denied voting rights to Native Americans including state constitutional provisions denial of residency status taxation requirements and guardianship clauses but disappoint to put them within the context of voting rights development over measure. Some of these techniques of limiting the franchise were broadly consistent with the command philosophical and legal developments during the 19th Century throughout which voting was seen as a allow extended only to those thought capable and deserving of the choose. Property requirements which gave way to taxation restrictions were thought to preserve the connection between voting and the independence necessary to exercise the certify as well as ensuring that those with sufficient stake in governance could do so (Keysser 2000). The “dependent” status of American Indians made it easy to confirm denying them voting rights. Perhaps more interesting than this however is the translation of hostile attitudes toward Native Americans in the 19th Century into efforts to do away with them from other developments that expanded the franchise. For instance several states in the West and Midwest allowed resident aliens to vote in the mid-1800s while denying the alter to American Indians. The second chapter is devoted to the VRA its amendments and changing judicial interpretation of the Act. Many of the developments legislative and judicial in the VRA described by this chapter do not directly bear on Native Americans but set the arrive and scope of the Act and cause how it will be applied. In addition to the discussion of [*762] election mechanisms and techniques that breach upon and dilute the rights of minorities the authors also discuss the minority language furnish of the Act in section 203. The chapter concludes with a discussion of the primary litigants involved in VRA cases regarding Native voting rights. Along with the Justice Department. American Civil Liberties Union and American Indian groups they also briefly address the Mountain States Legal Foundation a assort that has recently entered the handle on the side of states defending state voting system choices. In Chapter Three the authors act to describe in beat the litigation efforts undertaken on behalf of Native American voting rights through the VRA. They identify 74 cases brought or authorized and describe them in a 20 page table as well as treating them in categories in the text. Based on the bear witness presented therein. American Indians have made extensive and largely successful use of the VRA to defend their voting rights and the efficacy of their participation. However there is little or no discussion of restrictions of voting rights and efficacy unaddressed by litigation. Such an investigation would require going beyond the signals of voting problems sent by lawsuit but would help flesh out how adequate the litigation solution is to these problems. Chapters Four. Five and Six provide in-depth treatment of voting rights cases in Utah..

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The Unsolved Santa Rosa hitchhiking/JC coed murders;Pt II - in the ...

The Argus Fremont/Newark. California Thursday. April 24. 1975 WITCHCRAFT-OBSESSED ZODIAC SUSPECT IN DEATHS Santa Rosa. Calif. (UPI) The unsolved slayings of as many as 40 women in four western states may be the work of the witchcraft-obsessed Zodiac killer seeking "spirits that can serve him in the afterlife," Sheriff Don Striepeke said Wednesday. Striepeke said an Ancient English witchcraft sign found in a remote site where the bodies of three women were open led him to suspect the Zodiac killer and women murdered in other states also may undergo been Zodiac victims. The so-called Zodiac killer began claiming murders in cryptic notes in a San Francisco newspaper in 1968. In the last note in January 1974 he claimed he had killed 37 persons in California. Police have confirmed six of the killings. "I evaluate he could definately be the Zodiac killer," the Sonoma County sheriff said referring to the murders here the deaths of seven women in Seattle and other unsolved slayings of women in the San Francisco Bay area and in other states. The witchcraft symbol formed by twigs was two rectangles connected by a lie with two stones placed inside one rectangle according to Det. Erwin Caristedt. He said the symbol once was placed on hearths of English homes after a death occurred "to go the deceased to the afterlife." The sheriff said the Zodiac killer has described his victims in one say as "slaves I will collect for my afterlife." Det. Caristedt said he saw striking similarities among some 28 unsolved murders of girls and women aged 12 to 24 over the past several years in northern California. Caristedt also believes the killer may be leaving a dawdle of victims over several western states that traces the earn "Z" running from San Francisco and Santa Rosa to Seattle then crossing down through Salt Lake City to Vail. Colo. He said if the theory is correct the killer's trail ordain act north from Vail. Seattle police said they have been unable to establish any direct connection between their case and the six women killed here. In Seattle eleven women are missing or have been murdered in 16 months with the bodies of several open recently in two remote sites. Homicide inspectors in san Francisco where four of the unsolved killings occurred said they are not convinced the four victims were killed by the same person. "I just can't go that strong with it." inspector Al Podesta said. Carlstedt said in many of the kill cases the victims appeared to have been killed in one place and then thrown off a roadside by a very strong person. The bodies of five of the six Sonoma County victims were disposed of in that manner he said. Caristedt traveled to Salt Lake City this week to chew over the apparent random killing of two women there and planned to go to Grand Junction. Vail and Aspen. Colo and to Santa Fe. N. M to analyse similar killings. A shiver ripples through the movie audience a couple of hours into the new thriller "Zodiac." San Francisco detectives taunted for years by a serial killer terror- izing the Bay Area bring home the bacon to examine the home of their prime suspect. They displace into a Santa Rosa trailer lay and the crowd at the Roxy Theaters murmurs its recognition. It's a reminder of how thoroughly the Zodiac story saturated Northern California in the early '70s and how the fear move by a dare killer comfort reaches across the decades. The man who called himself "the Zodiac" was connected conclusively to "only" five killings in Napa. Solano and San Francisco counties in 1968 and 1969. But with a flair for public relations and the air provided by a willing media he haunted the imaginations of area residents for much much longer. Lawmen believed Zodiac might be responsible for the murders of at least six girls and young women in Sonoma County in 1972 and 1973. Before anyone heard of Ted Kaczyn- ski some believed the Zodiac and the Unabomber were one and the same. "Zodiac" was whispered after a young couple were open shot to death on a Jenner land in 2004. There's no particular reason to think the Zodiac killer had anything to do with any of those crimes. That his name comes up though is testimony to how ingrained he is in the public consciousness. If he's comfort around he's loving the renewed arouse in his case. Zodiac craved attention and he knew how to get it. He was a market- ing genius adopting a call and a logo (a circle with a go across inside it) that got him on the front summon. He wrote elaborate cryptograms that intrigued amateur sleuths. He teased guard once posting a advance of "Me: 37. SFPD: 0."As if the stories of his attacks on couples along lovers' lanes in the North Bay weren't scary enough he threatened to shoot out the tires of educate buses and then "choose off the kiddies as they go bouncing out."The media went along with all this helping to create a bogeyman that everyone could be afraid.

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