APPEARANCES: DEFENDANT CONRAD ROBERT MURRAY, NOT PRESENT, REPRESENTED BY J. MICHAEL FLANAGAN, AND NAREG GOURJIAN, PEOPLE REPRESENTED BY
FOR THE PEOPLE DAVID WALGREN AND DEBORAH BRAZIL, DEPUTIES DISTRICT ATTORNEY
THE COURT: GOOD AFTERNOON. WE HAVE MR. GHAZARIAN HERE AS WELL? NO. HE WAS SUPPOSED TO BE HERE, WASN’T HE?
MR. GOURJIAN: I BELIEVE MR. GHAZARIAN IS APRIL 6, YOUR HONOR.
THE COURT: OKAY. WOULD OTHER COUNSEL STATE THEIR APPEARANCE FOR THE RECORD, PLEASE.
MR. MALINGAGIO: PAUL MALINGAGIO, SHEPPARD MULLIN RICHTER & HAMPTON, FOR NON-PARTY WITNESS TOHME TOHME.
MR. TAKAKJIAN: GOOD AFTERNOON. PAUL TAKAKJIAN ALSO FOR THE WITNESS.
THE COURT: WERE WE SUPPOSED TO BE DEALING WITH THE SUBPOENA DUCES TECUM FOR HIM DR. KLEIN? THAT IS NEXT WEEK. OKAY. ALL RIGHT. SO, MR. MALINGAGIO, DO YOU WANT TO ADDRESS THE ISSUE WHERE WE LEFT OFF LAST WEEK?
MR. MALINGAGIO: WHEN WE WERE HERE LAST WEEK, THERE WAS AN ISSUE RAISED ABOUT THE SERVICE OF PROCESS AND WHETHER IT HAD BEEN PERSONALLY DELIVERED. WE HAD SUBMITTED A DECLARATION FROM TOHME TOHME INDICATING OR STATING THAT HE HAD NOT BEEN PERSONALLY SERVED. AT THE HEARING, THERE WAS A REPRESENTATION BY COUNSEL FOR THE DEFENSE THAT THEY, IN FACT, HAD ASSIGNED PROOF OF SERVICE. THEY FAXED THAT PROOF OF SERVICE TO COURT AFTER A RECESS. WE REVIEWED THAT, AND YOUR HONOR CONTINUED THE HEARING TO TODAY FOR THE EXPRESS PURPOSE OF HAVING THE PROCESS SERVER APPEAR AND PROVIDE TESTIMONY WITH RESPECT TO THAT PROOF OF SERVICE.
THE COURT: AND I JUST WAS HANDED, A FEW MOMENTS BEFORE I TOOK THE BENCH, A DECLARATION OF DAVID MARGHZAR — I HOPE I’M NOT MISPRONOUNCING. M-A-R-G-H-Z-A-R — IN SUPPORT OF THE MOTION TO QUASH. HAS THE DEFENSE RECEIVED A COPY OF THIS, MR.GOURJIAN?
MR. GOURJIAN: WE HAVE, YOUR HONOR. WE ALSO RECEIVED IT JUST A COUPLE MINUTES AGO.
THE COURT: DO WE HAVE THE INDIVIDUAL WHO SIGNED THE SERVICE OF PROCESS AFFIDAVIT?
MR. GOURJIAN: WE HAVE, YOUR HONOR. HER NAME IS TAMAR RAVID. SHE IS HERE AND READY TO TESTIFY.
THE COURT: SO, MR. MALINGAGIO, YOU CAN CROSS, IF YOU LIKE.
MR. MALINGAGIO: VERY GOOD.
THE COURT: WE CAN HAVE THE WITNESS COME FORWARD, PLEASE, AND BE SWORN. TAMAR RAVID, HAVING BEEN CALLED ON BEHALF OF THE DEFENSE, HAVING BEEN FIRST DULY SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
THE CLERK: FOR THE RECORD, MA’AM, COULD YOU PLEASE STATE AND SPELL YOUR FULL NAME.
THE WITNESS: TAMAR RAVID. T-A-M-A-R, R-A-V-I-D.
MR. TAKAKJIAN: BEFORE WE BEGIN, I SHOULD INDICATE THE DECLARANT IS PRESENT. I PRESUME THE DEFENSE WOULD WANT HIM EXCLUDED.
MR. GOURJIAN: YES.
THE COURT: MR. MARGHZAR, COULD YOU STEP OUTSIDE. PLEASE DON’T DISCUSS ANYTHING ABOUT THE CASE WHILE YOU ARE THERE. MS. RAVID, GOOD AFTERNOON.
THE WITNESS: GOOD AFTERNOON.
THE COURT: IS THERE A MEDICAL REASON FOR YOU TO WEAR THE HAT?
THE WITNESS: NO.
THE COURT: WOULD YOU MIND REMOVING IT.
THE WITNESS: I DON’T MIND.
THE COURT: WE HAVE OUR DECORUM HERE. PLEASE SIT BACK AND RELAX. PLEASE WAIT UNTIL YOU HEAR AN ENTIRE QUESTION BEFORE ANSWERING IT.
THE WITNESS: OKAY.
THE COURT: AND LASTLY, IF YOU ARE CALLED UPON TO PROVIDE A YES OR NO, ANSWER USING YES OR NO AS OPPOSED TO SLANG, UH-HUH OR HUH-UH. IS THAT OKAY?
THE WITNESS: OKAY.
THE COURT: DIRECT EXAM, PLEASE.
DIRECT EXAMINATION
BY MR. GOURJIAN:
Q GOOD AFTERNOON, MS. RAVID.
A GOOD AFTERNOON.
Q WHAT IS YOUR OCCUPATION?
A I’M A PROCESS SERVER.
Q ARE YOU A LICENSED PROCESS SERVER?
A YES.
Q HOW LONG HAVE YOU BEEN LICENSED?
A SINCE NOVEMBER OF ’05.
Q ARE YOU CURRENTLY LICENSED?
A YES.
Q AS A LICENSED PROCESS SERVER, I ASSUME YOU SERVE SUBPOENAS; ISN’T THAT CORRECT?
A CORRECT.
Q HOW MANY SUBPOENAS WOULD YOU SAY YOU HAVE SERVED?
A COUNTLESS.
Q SOMETIME DURING THIS YEAR, WERE YOU ASKED TO SERVE SEVERAL SUBPOENAS RELATED TO THE PEOPLE OF THE STATE OF CALIFORNIA VERSUS CONRAD MURRAY MATTER?
A YES.
Q AND ONE OF THOSE SUBPOENAS RELATED TO AN INDIVIDUAL BY THE NAME OF TOHME TOHME; ISN’T THAT CORRECT?
A CORRECT.
Q AS YOU SIT HERE TODAY, DO YOU HAVE A RECOLLECTION OF THAT PARTICULAR SUBPOENA?
A YES, I DO.
Q CAN YOU TELL THIS COURT YOUR ATTEMPTS AT SERVING MR. TOHME WITH THE SUBPOENA?
A YES. I RECEIVED THIS SUBPOENA FROM GINA, AND I HAVE HELP. I HAVE A LITTLE COMPANY WHICH IS CALLED BY THE BOOK LEGAL SERVICES, AND I HAVE HELP. AND I GAVE ORIGINALLY THIS SUBPOENA TO PRADIP KISSOONDJAL.
THE COURT: WE NEED A LITTLE HELP WITH THAT NAME. COULD YOU SPELL IT.
THE WITNESS: I MAY BE A LITTLE BIT OFF. IT IS AN INDIAN NAME. CAN I LOOK IN MY PURSE?
THE COURT: IF IT HELPS TO REFRESH YOUR MEMORY.
THE WITNESS: I HAVE A NOTE FROM HIM. MAY I HAND IT TO THE COURT REPORTER?
THE COURT: NO. YOU CAN SEE IF THAT REFRESHES YOUR MEMORY AS TO HOW TO SPELL THE NAME.
THE WITNESS: OKAY. I ONLY HAVE THE FIRST INITIAL. SO I WOULD THINK HIS FIRST NAME IS P-R-A-D-I-P. AND LAST NAME IS K-I-S-S-O-O-N-D-J-A-L.
Q BY MR. GOURJIAN: CAN YOU TELL THIS COURT THE STEPS YOU TOOK IN SERVING THE SUBPOENA?
A YES. I GAVE IT TO MR. KISSOONDJAL, AND HE TRIED TO SERVE THE SUBJECT ON —
THE COURT: YOU ARE READING SOMETHING?
THE WITNESS: YES.
THE COURT: IF COUNSEL DON’T CARE, THAT IS FINE. I JUST WANT THE RECORD TO REFLECT, IN FACT, MS. RAVID IS READING SOMETHING.
MR. TAKAKJIAN: I’M ASSUMING THIS IS PREPARATORY TO THE WITNESS TELLING US SHE PERSONALLY SERVED THE PROSPECTIVE WITNESS.
THE COURT: OKAY. THIS IS SUBJECT TO A MOTION TOSTRIKE DEPENDING UPON WHAT HAPPENS.
MR. TAKAKJIAN: THANK YOU.
THE COURT: GO AHEAD. PLEASE CONTINUE.
THE WITNESS: I’M ACTUALLY READING MR. KISSOONDJAL’S NOTES.
MR. TAKAKJIAN: WITH RESPECT TO THAT, THEN I WOULD OBJECT AS HEARSAY AND FOUNDATION.
THE COURT: THAT IS WHAT I THOUGHT. SO THE OBJECTION IS SUSTAINED.
Q BY MR. GOURJIAN: MS. RAVID, WITHOUT GETTING INTO WHAT OTHER STEPS YOUR COLLEAGUES TOOK, DID YOU PERSONALLY SERVE TOHME TOHME?
A YES.
Q CAN YOU TELL THIS COURT ABOUT THAT ATTEMPT?
A I WENT THERE ON FEBRUARY 28 AT 10:00 P.M., AND I TALKED TO A GENTLEMAN OVER THE INTERCOM. THERE ISNO ACCESS TO THIS HOUSE. IT HAS AN INTERCOM. AND SOMEBODY WITH AN ACCENT ANSWERED AND WOULD NOT DISCLOSE HIS NAME, WOULD NOT COME OUTSIDE. AND I SAID, “WELL, MR. TOHME PEREZ, YOU HAVE BEEN SERVED.” AND HE SAID, “HOW DO YOU KNOW IT’S ME,” WITH AN ACCENT. AND I SAID, “WELL, IF YOU DON’T COME OUTSIDE AND SHOW I.D., THEN I WILL HAVE TO LEAVE IT HERE IN THE GATE,” AND I LEFT. THEN I CAME BACK ON MARCH 3RD AT 11:45 A.M., AND THE SUBJECT APPROACHED ME AND TOOK THE DOCUMENTS. AND I TOLD HIM, “ARE YOU READY FOR THE MICHAEL JACKSON TRIAL?” HE DID NOT ANSWER. I SAID, “THIS IS A SUBPOENA, MR. TOHME PEREZ. HAVE A GOD DAY.”
Q MS. RAVID, WHEN YOU APPROACHED THIS GENTLEMAN, HOW WERE YOU ABLE TO DETERMINE THAT HE WAS MR. TOHME?
A I HAVE A PICTURE OF HIM.
Q DID YOU HAVE THAT PICTURE WITH YOU ON MARCH 3RD?
A YES.
Q DID THE INDIVIDUAL THAT YOU SERVED WITH THE SUBPOENA FIT THE DESCRIPTION OF THE INDIVIDUAL IN THAT PHOTOGRAPH?
A 100 PERCENT.
Q WHEN YOU TOLD THE INDIVIDUAL, “MR. TOHME, ARE YOU READY FOR THE MICHAEL JACKSON TRIAL,” WHAT, IF ANYTHING, DID THAT INDIVIDUAL SAY?
A HE KEPT HIS HEAD DOWN, AND HE TOOK THE DOCUMENTS AND BASICALLY WALKED AWAY.
Q HE DID NOT DENY BEING MR. TOHME?
A DID NOT DENY. DID NOT CONFIRM.
Q MS. RAVID, YOU PREVIOUSLY INDICATED THAT THERE IS A GATE IN THIS COMPLEX BEFORE YOU ARE ABLE TO ENTER INTO THE LOBBY AREA OF THE COMPLEX. ON THAT PARTICULAR DATE, HOW WERE YOU ABLE TO ENTER INSIDE THROUGH THE GATE?
A THERE IS NO ACCESS. HE WALKED TOWARDS ME AND TOOK THE DOCUMENTS OUT OF MY HAND AND WALKED AWAY.
Q AND HOW DID MR. TOHME KNOW THAT YOU WERE PRESENT FOR HIM TO COME OUT TO GREET YOU?
A HE PROBABLY SAW ME.
Q AND AS YOU SIT HERE TODAY, IS THERE ANY DOUBT IN YOUR MIND THAT THE INDIVIDUAL YOU SERVED WAS MR. TOHME?
A NO.
Q AND THE INDIVIDUAL YOU SERVED LOOKED IDENTICAL TO THE PERSON WHO YOU HAVE IN THAT PHOTOGRAPH; IS THAT CORRECT?
A CORRECT.
Q AFTER YOU SERVED MR. TOHME, YOU COMPLETED WHAT IS CALLED A PROOF OF SERVICE; ISN’T THAT CORRECT?
A CORRECT.
MR. GOURJIAN: YOUR HONOR, I HAVE WHAT WAS PREVIOUSLY FILED WITH THE COURT, A PROOF OF SERVICE ON THE TOHME TOHME SUBPOENA. IS IT AGREEABLE IF I WALK UP TO THE WITNESS AND SHOW HER THE DOCUMENT?
THE COURT: DO YOU WANT IT MARKED?
MR. GOURJIAN: YES, YOUR HONOR.
THE COURT: IT WILL BE MARKED DEFENSE EXHIBIT A. HAVE COUNSEL SEEN IT?
MR. GOURJIAN: YES.
THE COURT: THIS PARTICULAR ONE. DOES IT ACTUALLY HAVE THE ADDRESS ON IT?
MR. GOURJIAN: YES, IT DOES, YOUR HONOR.
THE COURT: I THINK AT SOME POINT WE MAY WANT TO DELETE THE ACTUAL NUMERICAL PORTION OF IT.
MR. TAKAKJIAN: THANK YOU, YOUR HONOR. MAY I APPROACH, YOUR HONOR?
THE COURT: YOU MAY.
MR. GOURJIAN: THANK YOU.
(THE ITEM WAS MARKED FOR IDENTIFICATION AS DEFENSE EXHIBIT A.)
Q BY MR. GOURJIAN:
MS. RAVID, SHOWING YOU WHAT HAS BEEN MARKED AS DEFENSE EXHIBIT A, DO YOU RECOGNIZE THAT DOCUMENT?
A YES.
Q WHAT IS THAT DOCUMENT?
A THIS IS A PROOF OF SERVICE.
Q IS THAT THE PROOF OF SERVICE IN RELATION TO MR. TOHME?
A IT SAYS TOHME TOHME, (ADDRESS REDACTED). YES.
Q AND THAT DOCUMENT EVIDENCES THE FACT THAT MR. TOHME WAS PERSONALLY SERVED WITH THE SUBPOENA AT ISSUE HERE, CORRECT?
A CORRECT.
MR. GOURJIAN: MAY I SEE THE PHOTOGRAPH. YOUR HONOR, I ALSO HAVE A ONE-PAGE PHOTOGRAPH WHICH APPEARS TO BE DEPICTING AN INDIVIDUAL, MR. TOHME TOHME, THAT I WOULD LIKE MARKED AS DEFENSE EXHIBIT NEXT IN ORDER.
THE COURT: B.
MR. GOURJIAN: THANK YOU, YOUR HONOR.
THE COURT: HAVE COUNSEL SEEN THAT AS WELL?
MR. TAKAKJIAN: I HAVE NOT.
THE COURT: MR. MALINGAGIO AND MR. TAKAKJIAN ARE REVIEWING THE EXHIBIT.
(THE MENTIONED ITEM WAS MARKED FOR IDENTIFICATION AS DEFENSE EXHIBIT B.)
Q BY MR. GOURJIAN: MS. RAVID, WHAT HAS BEEN NOW MARKED AS DEFENSE EXHIBIT B, IS THAT THE PHOTOGRAPH YOU ARE REFERRING TO?
A YES.
Q AND THE INDIVIDUAL THAT YOU SERVED ON MARCH 3RD WAS THE INDIVIDUAL THAT IS DEPICTED IN THAT PHOTOGRAPH, CORRECT?
A YES, CORRECT.
MR. GOURJIAN: THANK YOU VERY MUCH, YOUR HONOR. NO FURTHER QUESTIONS.
THE COURT: CROSS-EXAMINE, MR. TAKAKJIAN.
MR. TAKAKJIAN: YES. THANK YOU VERY MUCH.
CROSS-EXAMINATION
BY MR. TAKAKJIAN:
Q MS. RAVID, GOOD AFTERNOON.
A GOOD AFTERNOON.
Q MS. RAVID, YOU WENT TO A HOME APPARENTLY ON ONE OCCASION BEFORE MARCH 3RD; IS THAT CORRECT?
A CORRECT.
Q WHEN WAS THAT, PLEASE?
A FEBRUARY 28, AT 10:00 P.M.
Q AND ON THAT OCCASION, YOU HAD CONTACT VIA INTERCOM WITH SOMEONE INSIDE THE HOUSE; IS THAT CORRECT?
A CORRECT.
Q YOU IDENTIFIED YOURSELF IN SOME FASHION?
A YES.
Q WHAT DID YOU SAY?
A THE REGULAR PROTOCOL IS, “I’M A PROCESS SERVER. I HAVE YOUR SUBPOENA FOR TOHME PEREZ.”
Q WHO IS TOHME PEREZ?
A TOHME PEREZ IS THE NAME. TOHME RAMEZ, SORRY, IS THE NAME THAT I WAS PROVIDED TO SERVE.
Q I’M UNCLEAR. DID YOU IDENTIFY YOURSELF AS LOOKING TO SERVE SOMEBODY BY THE NAME OF TOHME PEREZ?
A TOHME RAMEZ. SORRY.
THE COURT: I’M SORRY. I’M MISSING YOU ONCE AGAIN.
THE WITNESS: TOHME RAMEZ.
THE COURT: AND LAST NAME?
THE WITNESS: FIRST NAME, TOHME, T-O-H-M-E. AND LAST NAME, R-A-M-E-Z.
Q BY MR. TAKAKJIAN: SO YOU TOLD PERSON ON THE INTERCOM YOU WERE LOOKING FOR MR. RAMEZ?
A TOHME RAMEZ.
Q WHAT DID THAT VOICE SAY TO YOU?
A “HOW DO YOU KNOW IT’S ME,” WITH AN ACCENT.
Q YOU SAID WHAT, IN RESPONSE, PLEASE?
A I SAID, “IF YOU DON’T COME OUT AND SHOW ME I.D., CONSIDER YOURSELF PERSONALLY SERVED.”
Q AND DID THE PERSON EMERGE AND GREET YOU?
A NO.
Q SO YOU NEVER HAD CONTACT WITH THAT PERSON?
A NOT ON FEBRUARY 28 AT 10:00 P.M.
Q DID YOU LEAVE SUBPOENAS ON OR NEAR THE LOCATION?
A YES.
Q HOW DID YOU DO THAT, PLEASE?
A I LEFT IT ON THE GATE.
Q HOW DID YOU AFFIX IT TO THE GATE?
A JUST IN BETWEEN THE POLES.
Q ALL RIGHT. SO YOU DIDN’T HAVE ANY PERSONAL CONTACT WITH ANYBODY AT THAT LOCATION?
A BESIDE THE VOICE THROUGH THE INTERCOM, NO.
Q AND THEN YOU RETURNED, YOU SAID, ON MARCH 3?
A CORRECT.
Q AND ABOUT WHAT TIME WAS THAT, PLEASE?
A 11:45 A.M.
Q NOW, THIS LOCATION IS A SINGLE FAMILY RESIDENCE WHICH IS SURROUNDED BY A SECURITY FENCE?
A CORRECT.
Q WHAT DID YOU DO, IF ANYTHING?
A I WAS ATTEMPTING TO BUZZ THE INTERCOM, AND I SAW MR. RAMEZ WALKING TOWARDS ME. I THOUGHT, FINALLY, I’LL BE ABLE TO SUCCESSFULLY SERVE THE SUBJECT. AND I HAPPILY WITH A SMILE SAID, “ARE YOU READY FOR THE MICHAEL JACKSON TRIAL?” HE BASICALLY WALKED TO ME WITH HIS HEAD DOWN, TOOK THE DOCUMENTS AND LOOKED AT IT. AND I SAID, “THIS IS A SUBPOENA,” AND WALKED AWAY.
Q SO YOU ARE INDICATING THAT A PERSON EMERGED FROM THE HOUSE OR THAT PERSON WAS ALREADY OUTSIDE THE HOUSE?
A HE EMERGED FROM — IF I’M FACING HIM, HE EMERGED FROM MY LEFT-HAND SIDE.
Q FROM THE HOUSE?
A FROM THE YARD. FROM WHERE HE PARKS. WELL, WHEREVER THE CARS ARE PARKED, THE DRIVEWAY.
Q YOU WERE OUTSIDE THE SECURITY FENCE?
A CORRECT.
Q YOU DID NOT SEEK ENTRY INTO THE HOUSE?
A NO.
THE COURT: DOUBLE NEGATIVE.
MR. TAKAKJIAN: CERTAINLY.
Q DID YOU ENTER THE LOCATION? DID YOU GO THROUGH THE SECURITY GATE?
A NO.
Q AND WHEN DR. TOHME, IF THAT WAS IN FACT THE PERSON YOU HAD CONTACT WITH, WHEN YOU FIRST SAW THE PERSON, APPROXIMATELY HOW FAR WAS THAT PERSON FROM YOU?
A BASICALLY ONLY THE GATE WAS DIVIDING BETWEEN US ONCE I HANDED THE SUBPOENA TO HIM.
Q MY QUESTION WAS A BAD ONE. WHEN YOU FIRST SAW THIS PERSON –
A IT WAS ABOUT EVEN LESS THE DISTANCE BETWEEN ME AND YOU.
THE COURT: I’M SORRY. BETWEEN YOU AND MR. TAKAKJIAN?
THE WITNESS: YES.
THE COURT: THAT IS PROBABLY ABOUT 15 FEET. SO YOU ARE SAYING ABOUT HALF THAT DISTANCE?
THE WITNESS: YEAH, LESS THAN THAT.
Q BY MR. TAKAKJIAN: MS. RAVID, WHAT I’M TRYING TO DETERMINE IS THE FIRST TIME YOU SAW THE PERSON TO WHOM YOU HANDED THE SUBPOENA, YOU SAID THAT PERSON EMERGED FROM SOMEPLACE WITHIN THE AREA?
A CORRECT.
Q WHEN YOU SAW THEM FOR THE VERY FIRST TIME, THAT GENTLEMAN WAS ABOUT TEN OR 15 FEET AWAY FROM YOU?
A IT WAS LESS THAN THE DISTANCE BETWEEN YOU AND ME.
Q WELL, YOU ARE TRYING TO EFFECTUATE SERVICE DURING DAYLIGHT HOURS?
A CORRECT.
Q AND THIS PROPERTY, IT IS A SINGLE FAMILY RESIDENCE, SOMETHING OF A STATELY RESIDENCE BEHIND GATES?
A CORRECT.
Q THE DISTANCE FROM THE METAL GATE WHICH SURROUNDS THE PROPERTY TO THE FRONT DOOR, THAT IS QUITE SOME DISTANCE, ISN’T IT?
A CORRECT.
Q THE QUESTION I’M TRYING TO ASK YOU NOW IS HOW DID THIS PERSON FIRST APPEAR ON THE SCENE?
A HE WALKED TO ME.
Q FROM WHERE?
A FROM MY LEFT-HAND SIDE FROM THE PARKING SPACE IN THE YARD. THE YARD, THE PARKING SPACE, SAME PLACE I’M JUST TRYING TO DESCRIBE. HE IS WALKING TOWARDS ME.
Q ARE YOU SAYING THAT HE WAS ALREADY OUTSIDE?
A I BELIEVE SO.
Q DID YOU FORM THE OPINION THAT HE HAD BEEN OUTSIDE WHEN YOU FIRST SAW HIM?
A YES. THERE WAS A FED EX TRUCK, AND THE FED EX TRUCK WAS PARKED VERY CLOSE TO THE OTHER GATE WHICH WOULD BE ON MY LEFT-HAND SIDE. IT SEEMED LIKE HE WAS COMING FROM THE OTHER GATE TOWARDS ME.
Q DID YOU SEE A FED EX DRIVER?
A I SAW A FED EX TRUCK, AND I SAW THE TRUCK LEAVING. I BELIEVE THERE WAS A DRIVER IN THERE.
Q SO OF THE TWO GATES AT THAT LOCATION, YOU WERE AT THE SOUTHERN GATE?
A I WAS ON MY RIGHT-HAND SIDE GATE.
Q THEN YOU INDICATED THAT THE INDIVIDUAL, WITHOUT HAVING ANY DISCUSSION WITH YOU, WALKED UP TO YOU?
A CORRECT.
Q AND DID HE IN SOME WAY PUT HIS HAND OUT TO ACCEPT SOME KIND OF A DOCUMENT FROM YOU, OR DID YOU THRUST A DOCUMENT THROUGH A FENCE? WHAT DID YOU DO?
A HE ACTUALLY TOOK, POLITELY TOOK, THE DOCUMENTS FROM ME. VERY QUIET, VERY POLITE.
Q IF I UNDERSTAND WHAT YOU ARE TELLING US, THIS PERSON EMERGED FROM SOME PORTION OF THE PROPERTY?
A CORRECT.
Q WALKED UP TO THE SECURITY FENCE?
A CORRECT.
Q YOU SAID TO HIM, “ARE YOU READY FOR THE MICHAEL JACKSON TRIAL,” AND HE DID NOT RESPOND WITH ANY KIND OF WORDS?
A NO.
Q YOU EXTENDED YOUR HAND WITH A SUBPOENA?
A CORRECT.
Q HE WILLINGLY TOOK IT?
A CORRECT.
Q AGAIN, WITHOUT ACKNOWLEDGING IT?
A CORRECT.
Q THEN WALKED AWAY?
A CORRECT.
MR. TAKAKJIAN: THANK YOU. I HAVE NOTHING FURTHER.
THE COURT: MR. MALINGAGIO, DO YOU HAVE ANY QUESTIONS?
MR. MALINGAGIO: I DO NOT, YOUR HONOR.
THE COURT: REDIRECT, MR. GOURJIAN?
MR. GOURJIAN: YES, PLEASE, YOUR HONOR.
REDIRECT EXAMINATION
BY MR. GOURJIAN:
Q MS. RAVID, WHEN THIS INDIVIDUAL EMERGED FROM INSIDE THE HOUSE — OUTSIDE, THE YARD, 15 FEET AWAY, WAS THE INDIVIDUAL THAT YOU SERVED THE SAME INDIVIDUAL THAT IS DEPICTED IN THAT PHOTOGRAPH?
A YES.
Q WHEN YOU SERVED THAT INDIVIDUAL, HOW FAR AWAYWAS HE FROM YOU?
A JUST THE GATE WAS DIVIDING BETWEEN US.
Q SO LESS THAN A FEET?
THE COURT: HOW ABOUT A FOOT.
Q BY MR. GOURJIAN: LESS THAN A FOOT. I APOLOGIZE, YOUR HONOR.
A YES.
Q AND AS YOU SIT HERE TODAY, YOU HAVE NO DOUBT THAT THE INDIVIDUAL YOU SERVED WAS MR. TOHME; ISN’T THAT CORRECT?
A NO DOUBT. CORRECT.
Q AND YOU PREVIOUSLY SAID MR. TOHME RAMEZ, THAT IS THE SAME INDIVIDUAL AS THE INDIVIDUAL DEPICTED IN THAT PHOTOGRAPH?
A YES.
MR. GOURJIAN: NOTHING FURTHER, YOUR HONOR.
THE COURT: THANK YOU.
MR. TAKAKJIAN: VERY BRIEFLY.
COURT: MR. TAKAKJIAN, RECROSS.
RECROSS-EXAMINATION
BY MR. TAKAKJIAN:
Q DID YOU SAY ANYTHING LIKE, “MR. RAMEZ, YOU ARE NOW SERVED”?
A YES.
Q YOU SAID THOSE WORDS, “MR. RAMEZ, YOU ARE NOW SERVED”?
A I SAID, “TOHME RAMEZ, THIS IS A SUBPOENA. YOU ARE SERVED.”
MR. TAKAKJIAN: THANK YOU. NOTHING FURTHER.
THE COURT: RE-REDIRECT?
FURTHER REDIRECT EXAMINATION
BY MR. GOURJIAN:
Q HE DID NOT TESTIMONY DENY BEING TOHME RAMEZ; IS THAT CORRECT?
A CORRECT.
MR. GOURJIAN: NOTHING ELSE.
THE COURT: THE PROBLEM IS, IT IS A DOUBLE NEGATIVE. COULD YOU CLARIFY IT.
Q BY MR. GOURJIAN: DID THE INDIVIDUAL DENY BEING MR. TOHME RAMEZ?
A NO.
MR. GOURJIAN: THANK YOU, YOUR HONOR. NOTHING FURTHER.
THE COURT: RE-REDIRECT?
MR. TAKAKJIAN: NO.
THE COURT: MS. RAVID, THANK YOU FOR YOUR TESTIMONY. PLEASE DON’T DISCUSS IT WITH ANY OTHER WITNESSES UNTIL WE FINISH THIS HEARING. IF YOU WOULD BE KIND ENOUGH TO STEP DOWN. REMAIN OUTSIDE FOR A FEW MINUTES, PLEASE, UNTIL YOU ARE EXCUSED. THANK YOU.
THE WITNESS: THANK YOU.
THE COURT: MR. GOURJIAN, DO YOU WANT EXHIBITS RECEIVED?
MR. TAKAKJIAN: THERE IS A LACK OF FOUNDATION ON DEFENDANT’S B.
THE COURT: AS TO WHO IT HAPPENS TO BE?
MR. TAKAKJIAN: YES.
THE COURT: FOR NOW, I’M GOING TO ALLOW IT. WE WILL DELETE AND REDACT ANY SPECIFIC NUMERICAL DESIGNATION UNLESS THAT BECOMES AN ISSUE LATER ON. SO EXHIBITS A AND B ARE RECEIVED IN EVIDENCE WITH THAT UNDERSTANDING. IS THERE ANY ADDITIONAL EVIDENCE TO BE PRESENTED AT THIS JUNCTURE BY YOU, MR. GOURJIAN?
MR. GOURJIAN: NO, YOUR HONOR.
THE COURT: YOU REST AT THIS POINT?
MR. GOURJIAN: YES.
THE COURT: AS TO MR. TOHME, IS THERE ANY AFFIRMATIVE ISSUE, MR. MALINGAGIO?
MR. MALINGAGIO: YES. WE WOULD LIKE TO CALL DAVID MARGHZAR.
THE COURT: ALL RIGHT. DAVID MARGHZAR, HAVING BEEN CALLED ON BEHALF OF THE NON-PARTY WITNESS, HAVING BEEN FIRST DULY SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
THE CLERK: HAVE A SEAT, PLEASE. FOR THE RECORD, SIR, CAN YOU STATE AND SPELL YOUR NAME.
THE WITNESS: DAVID MARGHZAR. M-A-R-G-H-Z-A-R.
THE COURT: GOOD AFTERNOON, SIR.
THE WITNESS: GOOD AFTERNOON.
THE COURT: PLEASE SIT BACK AND RELAX. PLEASE SPEAK LOUDLY, AND ALSO WAIT UNTIL YOU HEAR A FULL QUESTION BEFORE ANSWERING IT. AND ALSO ANSWER YES OR NO IF YOU ARE ASKED AS OPPOSED TO SLANG, UH-HUH OR HUH-UH. IS THAT OKAY?
THE WITNESS: YES.
THE COURT: THANK YOU. MR. MALINGAGIO?
MR. MALINGAGIO: THANK YOU, YOUR HONOR.
DIRECT EXAMINATION
BY MR. MALINGAGIO:
Q MR. MARGHZAR, DO YOU KNOW A MAN NAMED TOHME TOHME?
A YES.
Q DO YOU TRANSACT BUSINESS WITH HIM ON OCCASION?
A YES.
Q COULD YOU EXPLAIN BRIEFLY WHAT THAT BUSINESS IS? A I’M A DEALER. SO WHENEVER HE NEEDS A CAR, HE CALL ME AND REQUEST TO BUY THE CAR.
THE COURT: DO ME A FAVOR. MOVE THE MIC A LITTLE CLOSE.
Q BY MR. MALINGAGIO: MAY HE SPEAK A LITTLE BIT SLOWER SO THE COURT REPORTER CAN GET YOUR WORDS. SIR, WHAT DID YOU DO ON THE DAY OF MARCH 3, 2011?
A ON A THURSDAY, I PICKED HIM UP AT EIGHT O’CLOCK AT HIS HOUSE. WE WENT TO THE AUTO AUCTION IN FONTANA.
Q LET ME STOP YOU THERE. WHOM DID YOU PICK UP AT HIS HOUSE ON MARCH 3?
A MR. TOHME.
Q AND WHAT TIME WAS THAT, SIR?
A EIGHT O’CLOCK IN THE MORNING.
Q THEN WHAT DID YOU DO WITH MR. TOHME THEREAFTER?
A WE DROVE TO FONTANA AUTO AUCTION.
Q AND AT WHAT TIME, IF ANY TIME, DID YOU RETURN DR. TOHME TO HIS HOUSE?
A IT WAS IN THE AFTERNOON. AFTER 3:30 IN THE AFTERNOON.
Q SIR, WERE YOU WITH TOHME TOHME BETWEEN THE HOURS OF APPROXIMATELY 8:00 A.M. AND 3:30 P.M. ON MARCH 3, 2011?
A YES. WE DROVE TOGETHER TO THE AUCTION, AND I WAS CONDUCTING THE AUCTIONS. AND WE JUST CAME BACK ANDDROVE HIM BACK TO THE HOUSE.
Q DURING THE HOURS BETWEEN 8:00 A.M. AND 3:30 P.M. ON MARCH 3, WAS TOHME TOHME AT HIS HOUSE?
A NO.
Q HE WAS WITH YOU?
A YES.
Q AND ON WHAT STREET DOES TOHME TOHME LIVE?
A THAT IS ON HOMEWOOD IN LOS ANGELES.
MR. MALINGAGIO: NOTHING FURTHER, YOUR HONOR.
THE COURT: THANK YOU. CROSS-EXAMINE, PLEASE.
MR. GOURJIAN: THANK YOU, YOUR HONOR.
CROSS-EXAMINATION
BY MR. GOURJIAN:
Q MR. MARGHZAR, WHEN DID YOU FIRST MEET MR. TOHME?
A I KNOW HIM FOR OVER TEN YEARS. SO I THINK SOMETIME IN THE YEAR 2000.
Q WOULD YOU CONSIDER HIM A GOOD FRIEND OF YOURS?
A BASICALLY, BUSINESS CLIENT.
Q SO JUST A BUSINESS CLIENT?
A YES.
Q HOW MANY AUTOMOBILES HAS MR. TOHME PURCHASED FROM YOU?
A HE HAS PURCHASED — I CAN TELL OFFHAND FOR HIMSELF, HIS SONS, HIS FAMILY MEMBERS OUT OF THE COUNTRY, FOR HIS FRIENDS OVER HERE, HIS ASSOCIATES — PROBABLY, OFF THE TOP OF MY HEAD, PROBABLY TEN TO FIFTEEN.
Q TEN TO FIFTEEN AUTOMOBILES?
A YES.
Q AND AS YOU SIT HERE TODAY, CAN YOU APPROXIMATE FOR US HOW MUCH MR. TOHME HAS SPENT ON PURCHASING THOSE TEN TO FIFTEEN VEHICLES?
MR. TAKAKJIAN: OBJECTION. RELEVANCE.
THE COURT: I’LL SUSTAIN THE OBJECTION. I THINK THE MORE APPROPRIATE QUESTION WOULD BE PERHAPS WHAT KIND OF INCOME MR. MARGHZAR HAS MADE AS A RESULT. I’LL SUSTAIN THE OBJECTION TO THE QUESTION, AS PHRASED.
Q BY MR. GOURJIAN: HOW MUCH MONEY HAVE YOU MADE BASED ON THIS PROFESSIONAL BUSINESS RELATIONSHIP WITH MR. TOHME?
A I DON’T HAVE MY FILES. OFF THE TOP OF MY HEAD, PROBABLY I MAKE A THOUSAND DOLLARS FOR EACH CAR THAT I BUY FOR HIM.
Q EXCUSE ME? HOW MUCH?
A I GET A THOUSAND DOLLARS FOR EACH CAR THAT I BUY FOR HIM.
Q A THOUSAND DOLLARS PER CAR?
A YES.
Q AND WHEN WAS THE LAST VEHICLE THAT MR. TOHME PURCHASED FROM YOU?
A HE ORDERED THE MERCEDES S-CLASS. I BOUGHT IT FOR HIM. AND WHEN IT ARRIVES, IT ARRIVES DAMAGED. SO I DIDN’T SELL IT TO HIM, BUT I WAS JUST IN THE PROCESS OF BUYING ANOTHER CAR FOR HIM.
Q YOU ARE CURRENTLY IN THE PROCESS OF BUYING A NEW CAR FOR HIM?
A YES.
Q THAT WILL BE A MERCEDES S-CLASS?
A YES.
Q AND YOU SAID YOU ARE A DEALER; IS THAT CORRECT?
A YES, YES.
Q AND YOU PURCHASE AND SELL VEHICLES?
A YES.
Q AND ON MARCH 3RD, YOU TESTIFIED THAT YOU PICKED UP MR. TOHME FROM HIS RESIDENCE; ISN’T THAT CORRECT?
A YES.
Q YOU WENT TO THE AUCTION THAT WAS BEING HELD IN FONTANA?
A YES.
Q AND PRIOR TO THAT DATE, HOW MANY TIMES HAD MR. TOHME BEEN TO THESE AUTOMOBILE AUCTIONS WITH YOU?
A AS A MATTER OF FACT, THAT WAS THE FIRST TIME THAT HE WANTED TO GO. JUST BECAUSE THE CAR THAT I BOUGHT, IT WAS S-CLASS FROM SAN FRANCISCO. IT WAS SUPPOSED TO BE BEAUTIFUL CAR. BUT WHEN WE RECEIVED IT, IT HAD FRONT END DAMAGE. SO HE WANTED TO SEE IT SPECIFICALLY HIMSELF BEFORE I BUY IT FOR HIM.
Q SO THE VEHICLE YOU WERE GOING TO PURCHASE WAS AT THE FONTANA AUCTION?
A YES.
Q PRIOR TO MARCH 3RD, DID MR. TOHME EVER WANT TO INSPECT THE VEHICLES PRIOR TO PURCHASING THEM?
A FROM THE AUCTION?
Q YES.
A NO. USUALLY I WILL JUST BUY IT. IF HE LIKES IT, HE BUYS IT. IF HE DOESN’T, HE DOESN’T.
Q AND WHAT DAY WAS THAT?
A WHAT DAY?
Q MARCH 3RD. WHAT DAY WAS MARCH 3RD? WHAT DAY OF THE WEEK WAS THAT?
A FONTANA IS ON THURSDAYS.
Q THURSDAYS?
A YES.
Q IS THE AUCTION ALL DAY, 8:00 A.M. TO 5:00 P.M.?
A NO. DEPENDS HOW MANY CARS THEY HAVE. IT USUALLY ENDS 12:00 TO ONE O’CLOCK.
Q WHAT TIME DID YOU GUYS ARRIVE AT THE FONTANA AUCTION THAT MORNING?
A ABOUT 9:30.
Q I DO BELIEVE YOU TESTIFIED YOU WERE THERE UNTIL ABOUT ONE O’CLOCK?
A JUST AROUND 12:30 TO ONE O’CLOCK.
Q DID YOU PURCHASE A VEHICLE THAT DAY FROM THE AUCTION?
A NO. THAT CAR, IT WAS SOLD FOR HIGHER THAN WE WERE GOING TO PAY FOR IT, SO WE DIDN’T BUY THAT.
Q OKAY. DID YOU BID ON ANY VEHICLES THAT DAY?
A I BID ON MANY CARS, BUT DOESN’T MEAN I’M SUCCESSFULLY BUYING THEM.
Q I UNDERSTAND. HOW DO YOU BID ON A CAR?
A DIFFERENT WAYS OF BIDDING. SOMETIMES YOU RAISE YOUR HAND. SOMETIMES YOU GIVE A WINK. SOMETIMES YOU JUST GIVE A NOD. SOMETIMES DEPENDS IF YOU KNOW THE AUCTIONEER AND HE KNOWS YOUR BEHAVIOR. THERE IS A WHOLE LOT OF PSYCHOLOGY ABOUT BIDDING SO OTHER DEALERS WOULD NOT KNOW THAT YOU ARE BIDDING.
Q ON THAT PARTICULAR DAY, HOW MANY VEHICLES DID YOU BID ON?
A SIR, I GO TO MANY AUCTIONS. I SEE MANY CARS. FOR YOU TO ASK ME HOW MANY BIDS I PUT ON THE CARS IS ALMOST IMPOSSIBLE.
Q DID YOU BID ON A VEHICLE FOR MR. TOHME?
A I WAS TRYING TO BID ON THAT CAR, BUT IT WAS SOLD FOR MORE THAN WE WANTED TO PAY.
Q THE VEHICLE THAT WAS SOLD WAS THE DAMAGED VEHICLE?
A THE VEHICLE THAT WAS DAMAGED, I ALREADY BOUGHT IT. I BOUGHT THAT CAR ON LINE, AND THE CONDITION REPORT WAS GOOD. WHEN I RECEIVED IT, THE FRONT END WAS DAMAGED. I ARBITRATED WITH THE AUCTION. WE HAVE A RECORD OF THAT. AND I JUST KEPT IT AND SOLD IT AFTER THAT, AND THEY JUST SENT ME A CHECK FOR $2,900 OR SO FOR DAMAGES.
Q SO I MAY HAVE MISUNDERSTOOD YOU. I THOUGHT THE REASON MR. TOHME WANTED TO GO THIS TIME TO THE AUCTION WAS BECAUSE THAT PARTICULAR VEHICLE WAS THERE. THAT IS NOT THE CASE?
A NO. THAT PARTICULAR VEHICLE, I ALREADY HADBOUGHT IT FROM SAN FRANCISCO AGAIN. AND WHEN WE RECEIVE IT, IT WAS DAMAGED. AND I DIDN’T EACH SHOW IT TO HIM BECAUSE IT WAS DAMAGED. SO I TOLD HIM, “THIS IS THE SITUATION. I’M JUST TRYING TO BUY YOU ANOTHER CAR.” SO I LOCATE ANOTHER VEHICLE AT FONTANA. I TOLD HIM. AND HE SAID, “WELL, CAN WE GO AND SEE IT?” I SAID, “YEAH, WE CAN GO. I CAN GET THE CAR, BRING IT BY THE GATE, SHOW IT TO YOU. IF YOU LIKE IT, I’M JUST BUY IT FOR YOU.”
Q NOW, THESE AUCTIONS ARE NOT OPEN TO THEPUBLIC; ISN’T THAT CORRECT?
A EXACTLY.
Q SO YOU NEED SOME KIND OF DEALER LICENSE TO GET IN?
A YES.
Q SO HOW WOULD SOMEBODY WHO DOES NOT HAVE A LICENSE GET IN TO ONE OF THESE AUCTIONS?
A YOU CAN’T. YOU CAN GO AS FAR AS TO THE AUCTION AREA, BUT NOT INSIDE THE AUCTION AREA.
Q SO HOW DID MR. TOHME GET IN THE AUCTION?
A HE DID NOT. AS I SAID, THERE WAS A FENCE OVER THERE. I CAN DRIVE ANY CARS BY THE FENCE. I SHOW IT TO HIM, AND THAT IS WHAT I JUST SAID. I BROUGHT THE CAR BY THE FENCE, SHOW IT TO HIM. SEE IF YOU LIKE IT, IWILL BY BUY IT FOR YOU.
Q SO HE NEVER ENTERED THE AUCTION?
A NO.
Q HOW MANY CARS DID YOU DRIVE OVER TO THE FENCE TO SHOW?
A ONE.
Q ONE VEHICLE?
A YES.
Q THAT WAS A MERCEDES?
A YES. USUALLY THEY DO NOT HAVE MANY S-CLASS. IT HAPPENED THEY HAD A WHITE ONE THAT HE WANTED.
Q DID MR. TOHME AUTHORIZE YOU TO BID ON THAT VEHICLE?
A OF COURSE.
Q DO YOU RECALL WHAT YOUR BID WAS?
A I WAS TRYING TO BUY IT UNDER 35, $36,000.
Q IS THERE ANYTHING YOU CAN PROVIDE THE COURT, ANY TYPE OF TICKET OR ANY TYPE OF RECORD, THAT WILL EVIDENCE THAT MR. TOHME WAS WITH YOU ON MARCH 3RD, 2011?
A WHAT KIND OF RECORD ARE YOU TALKING ABOUT?
Q ANY TYPE OF SLIPS, ANY TYPE OF DOCUMENT THAT SHOWS MR. TOHME WAS WITH YOU THAT DAY AT THE AUCTION?
A SLIPS?
Q ANYTHING. ANY WRITING WHATSOEVER?
A WHEN I TAKE HIM TO THE AUCTION, I DON’T WRITE A CONTRACT WITH HIM. I MEAN, I’M JUST DOING IT AS A FAVOR TO HIM TO TAKE HIM OVER THERE. SHOW HIM THE CAR FROM OUTSIDE. I DON’T NEED TO WRITE A CONTRACT.
Q DO YOU CARRY SOME KIND OF CALENDAR?
A DO I CARRY CALENDAR?
Q YES, SOME KIND OF NOTEPAD WITH A CALENDAR?
A NO.
Q DO YOU HAVE ANY NOTES THAT WOULD PREDICT THE FACT THAT MR. TOHME WAS WITH YOU ON THAT PARTICULAR DAY?
A NO.
Q WHO CONTACTED YOU TO HAVE YOU COME IN TODAY TO TESTIFY?
MR. TAKAKJIAN: OBJECTION. RELEVANCE.
THE COURT: OVERRULED. YOU MAY ANSWER.
THE WITNESS: MR. TOHME CONTACTED ME REGARDING THAT EVENT ON THAT DAY, AND SUBSEQUENTLY MR. PAUL TAKAKJIAN JUST CALLED ME THERE.
Q BY MR. GOURJIAN: YOU SAID YOU HAVE KNOWN MR. TOHME FOR ABOUT TEN YEARS?
A YES.
Q OKAY. HOW MANY TIMES WOULD YOU SAY YOU HAVE ACTUALLY SEEN HIM?
A SINCE TEN YEARS?
Q YES.
A HOW MANY TIMES I HAVE SEEN HIM?
Q CORRECT.
A MANY, MANY TIMES.
Q OKAY. I’M SHOWING YOU WHAT HAS BEEN MARKED AS DEFENSE EXHIBIT B. DO YOU RECOGNIZE THAT GENTLEMAN?
A YES.
Q WHO IS THAT GENTLEMAN?
A THAT IS TOHME.
MR. GOURJIAN: THANK YOU VERY MUCH. NO FURTHER QUESTIONS, YOUR HONOR.
THE COURT: THANK YOU. REDIRECT?
MR. MALINGAGIO: NONE, YOUR HONOR.
THE COURT: MAY MR. MARGHZAR STEP DOWN, PLEASE.
MR. MALINGAGIO: YES.
THE COURT: MR. MARGHZAR, THANK YOU FOR YOUR TESTIMONY. SIR, BE KIND ENOUGH TO JUST WAIT OUTSIDE FOR A FEW MINUTES. DON’T DISCUSS YOUR TESTIMONY WITH ANYBODY ELSE INVOLVED IN THIS CASE.
THE WITNESS: THANK YOU.
THE COURT: THANK YOU, SIR.
END OF PARTIAL TRANSCRIPT
Trying to get the other part, will be posted when it is received, Thank you