About this transcript: This is a full AI-generated transcript of The Explosive Cross Examination of Robert Baker💥🍿 from The Trial Channel, published June 17, 2026. The transcript contains 15,419 words with timestamps and was generated using Whisper AI.
"Nothing to lose, right? Yes. Because you've got that want. What does that want mean? As far as I know, life without parole. That's what it means, right? You're saying that's what you thought it meant? Yes. Does that mean you're not sure? Until I see it in front of my face, I'm just going by what..."
[00:00:00] Speaker 1: Nothing to lose, right?
[00:00:06] Speaker 2: Yes.
[00:00:07] Speaker 1: Because you've got that want. What does that want mean?
[00:00:10] Speaker 2: As far as I know, life without parole.
[00:00:14] Speaker 1: That's what it means, right? You're saying that's what you thought it meant?
[00:00:19] Speaker 2: Yes.
[00:00:26] Speaker 3: Does that mean you're not sure?
[00:00:30] Speaker 2: Until I see it in front of my face, I'm just going by what I'm told.
[00:00:34] Speaker 1: It wasn't part of your face. You were in this courtroom part of this judge, Judge Cohen, weren't you?
[00:00:37] Speaker 2: Oh, yeah, definitely.
[00:00:38] Speaker 1: He explained it to you.
[00:00:39] Speaker 2: He sure did.
[00:00:40] Speaker 1: Right?
[00:00:40] Speaker 2: He did.
[00:00:41] Speaker 1: So when you said you didn't even know that you were going to be admitting to all these other things the day that you were here for your plea, that was a lie to this jury, right?
[00:00:52] Speaker ?: No.
[00:00:53] Speaker 1: No? No. You didn't know ahead of the time.
[00:00:55] Speaker 2: I didn't know what?
[00:00:57] Speaker 1: You just told us a few minutes ago that you didn't know you were going to be pleading to, I think you said, all this extra stuff.
[00:01:03] Speaker 2: Oh, you're talking about the 25-to-life. Yeah, yeah, yeah. I knew it the day when it was read to me.
[00:01:08] Speaker 1: So you didn't know about any of that until this judge told you about that, Judge Cohen?
[00:01:14] Speaker 2: Yeah.
[00:01:15] Speaker 1: That's what you're saying?
[00:01:16] Speaker 2: About the 25-to-life part, yeah.
[00:01:17] Speaker 1: Your Honor, I have a transcript of the defendant's plea and sentencing from July 7th of 2023. May it be marked, please, for the people's indivisive, I believe it's 276. Am I correct?
[00:01:40] Speaker 4: It is? Correct.
[00:01:44] Speaker 1: Twice a day.
[00:01:45] Speaker ?: I'm correct.
[00:01:46] Speaker 4: It's just being marked right now. This is unlike other transcripts.
[00:01:50] Speaker 3: I'm sorry?
[00:01:52] Speaker 4: Council asked, it's just being marked right now. I just told him it's unlike other transcripts. This will be received.
[00:02:03] Speaker 1: So, in this case, on July 7th, Judge Cohen, this judge's right here sitting next to you, right?
[00:02:16] Speaker 2: Okay.
[00:02:17] Speaker 1: He was here, right?
[00:02:18] Speaker 2: Yes.
[00:02:19] Speaker 1: You were here, right?
[00:02:21] Speaker 2: Yes.
[00:02:22] Speaker 1: Your lawyer, Mr. Simran, was here.
[00:02:24] Speaker 2: Yes.
[00:02:25] Speaker 1: Mr. Levine was here.
[00:02:27] Speaker 2: Okay.
[00:02:28] Speaker 1: Ms. Burke was here, right?
[00:02:30] Speaker 2: I think so.
[00:02:32] Speaker 1: I was here.
[00:02:33] Speaker 2: You were here.
[00:02:34] Speaker 1: Yeah. And the judge told you that his understanding was that Mr. Simran, your client, meaning you,
[00:02:44] Speaker 3: wishes to plead guilty to all the charges and admit all the allegations and the special circumstances in this case. Remember that?
[00:02:55] Speaker 2: Okay.
[00:02:56] Speaker 3: You want to see it?
[00:02:57] Speaker 2: I believe you. I don't have to be the first time I've seen it.
[00:03:00] Speaker 3: Well, you were here. You don't have to.
[00:03:02] Speaker 2: You asked me, did I want to see it?
[00:03:03] Speaker 3: You were here, right?
[00:03:04] Speaker 2: It's a rule.
[00:03:05] Speaker 1: You were here, weren't you?
[00:03:06] Speaker 2: I was here.
[00:03:07] Speaker 1: So this is all read to you. It's an open court, just like we're sitting here today. There's a bunch of people in here, including Fabio's family, right?
[00:03:15] Speaker 2: It is.
[00:03:16] Speaker 1: Okay. So this wasn't new to you, right?
[00:03:20] Speaker 2: No, it's not new.
[00:03:20] Speaker 1: Okay. And you said, because the judge asked you correctly, is that correct? Is that what you wish to do, sir? And you said, what?
[00:03:33] Speaker 2: What does it say there?
[00:03:34] Speaker 1: No, I'm asking you, sir.
[00:03:35] Speaker 2: I don't remember. I'm going back.
[00:03:36] Speaker 1: So the way this works is I ask the questions and you get the answer. Okay.
[00:03:39] Speaker 2: Well, I don't know the answer because I might have said something else.
[00:03:42] Speaker 1: Oh, okay. So you don't remember what you said?
[00:03:43] Speaker 2: I'm pretty sure I said I do, or yes, or something like that. I affirmed.
[00:03:48] Speaker 3: Yes, Your Honor.
[00:03:50] Speaker 2: Oh, there it is.
[00:03:50] Speaker 3: Remember that?
[00:03:51] Speaker 2: I do see it now. It's the first time I've seen this.
[00:03:54] Speaker 3: Again, you were here.
[00:03:55] Speaker 5: No, I was here the first time I've seen this. I'm asking the answer, Your Honor. It's all wrong.
[00:03:58] Speaker 3: That's your words, right? You know, you're mad.
[00:04:02] Speaker 5: You say so.
[00:04:04] Speaker 3: So you're saying maybe the reporter took it down wrong?
[00:04:07] Speaker 2: You didn't get that to this? I'm not saying that at all.
[00:04:13] Speaker 5: I'm sorry to hear that.
[00:04:14] Speaker 1: I said, this is going to go well. We're going to be here for days.
[00:04:19] Speaker 4: I don't know if I can object to that or not, but I don't want to be here for days. That was an improper statement.
[00:04:24] Speaker 1: Sorry, Your Honor. Do you remember the judge reading to you the charges in the indictment, which you had also heard at your arraignment in Superior Court?
[00:04:39] Speaker 2: I'm sure he did, yeah.
[00:04:40] Speaker 1: Okay. And you remember being with me and your defense attorney in court after the grand jury indicted you in L.A. County, right? Years before. Okay. On the same charges.
[00:04:52] Speaker 2: Yes.
[00:04:52] Speaker 1: Right? So you knew what all the charges were.
[00:04:54] Speaker 2: I knew what the charges were.
[00:04:55] Speaker 1: And you knew what all the allegations were.
[00:05:00] Speaker 2: Okay. Okay. Yeah.
[00:05:03] Speaker 1: Yeah.
[00:05:05] Speaker 2: If they were read to me, I probably heard it.
[00:05:07] Speaker 1: Okay. You probably heard it. So you might not have been paying attention when the judges read you the charges?
[00:05:13] Speaker 2: Maybe not.
[00:05:14] Speaker 1: Okay. Were you reading, were you listening when this judge read to you, Judge Cohen read to you, what you were pleading to?
[00:05:22] Speaker 2: That day, yes.
[00:05:24] Speaker 1: Okay. So you know that he read that the indictment charges you with, again, this has been read to you before, but on the day you pled in July of 23, count one with a violation of Penal Code Section 187, Subsection A, murder in the first degree. You remember that, right?
[00:05:45] Speaker 2: Okay. Yes.
[00:05:46] Speaker 1: Yes?
[00:05:47] Speaker 2: Yes.
[00:05:48] Speaker 1: And count two, a violation of Penal Code Section 182, Subsection A, conspiracy to commit murder. Right? So you knew 187 was murder, right?
[00:06:00] Speaker 2: Okay.
[00:06:01] Speaker 1: You knew, is that yes?
[00:06:03] Speaker 2: Yes.
[00:06:03] Speaker 3: And you knew you were also charged with conspiracy to commit murder.
[00:06:07] Speaker 2: Yes.
[00:06:07] Speaker 3: Okay. And you pled no contest, right?
[00:06:10] Speaker 5: Yes.
[00:06:11] Speaker 1: And then this judge reminded you that a plea of no contest is the same as a guilty plea. There's no difference. And he asked you if you understood. And you said yes, right? I did.
[00:06:21] Speaker 2: I did.
[00:06:22] Speaker 1: And then he asked you, do you further admit the following special circumstances are true? That is, under Penal Code Section 190.2, Subsection A, Subsection 1, that you intentionally committed the murder for purposes of financial gain. Do you remember that?
[00:06:40] Speaker 2: I do.
[00:06:41] Speaker 1: And what did you say?
[00:06:42] Speaker 2: I do.
[00:06:43] Speaker 1: You said yes.
[00:06:44] Speaker 2: Okay. I affirmed.
[00:06:46] Speaker 1: And then the court also asked, do you admit the other special circumstance under Penal Code Section 190.2, Subsection A, Subsection 17, that you intentionally committed the murder by means of lying in wait. Do you remember that?
[00:07:03] Speaker 2: I do.
[00:07:03] Speaker 1: And what was your answer?
[00:07:05] Speaker 2: I think I said yes again.
[00:07:06] Speaker 1: Okay. And then the court also asked you, and these are questions. He's not telling you. He's asking you. Do you further admit as to count, as to that count, the allegation under Penal Code Section 120.2, Subsection B, Subsection 1, that you personally used a deadly weapon to wit a knife in the commission of the offense? Do you remember that?
[00:07:29] Speaker 2: I don't, but I said yes to anything that day.
[00:07:34] Speaker 1: Oh, okay.
[00:07:35] Speaker 2: So I probably said yes to everything, so I'm not going to deny that.
[00:07:39] Speaker 1: So here on page six, here's where I just read you. That's all been highlighted.
[00:07:44] Speaker 2: Okay.
[00:07:45] Speaker 1: And then right here, down here, he asked if you also used a knife, and you said yes. Remember that?
[00:07:53] Speaker 2: Not really, but I'm going to say yes. I don't remember.
[00:07:57] Speaker 1: I don't remember. So, in this case, you knew exactly what you were entering police to, because not only did Mr. Simran go over it with you, but this judge went over it with you, while I was sitting right here.
[00:08:09] Speaker 2: Okay.
[00:08:10] Speaker 1: You remember that?
[00:08:11] Speaker 2: Okay.
[00:08:12] Speaker 1: Is that a yes?
[00:08:13] Speaker 2: Yeah.
[00:08:14] Speaker ?: Sure.
[00:08:15] Speaker 4: Let's take our lunch and recess until 1.30. The admission applies. You don't have to discuss this case anymore yourselves. With anyone else, a former express any opinion, tell the cause. It's finally submitted to you. Have a good lunch. See you at 1.30.
[00:08:26] Speaker 1: Later today, when Mr. Levine was asking you questions about the letter that you gave to him, you called the letter, I believe, trash?
[00:08:45] Speaker 2: Yes, ma'am.
[00:08:46] Speaker 1: And you said it was ridiculous.
[00:08:50] Speaker 2: Okay.
[00:08:51] Speaker 1: Do you remember that?
[00:08:52] Speaker 2: Not really, but if I...
[00:08:53] Speaker 1: We'll go over it. Yeah. So, I mentioned that letter in my opening statement by saying it was ridiculous. Would you agree with me your letter was ridiculous?
[00:09:01] Speaker 5: I agree.
[00:09:04] Speaker 1: Would you agree with me that your testimony here today was also ridiculous?
[00:09:09] Speaker 4: It's argumentative. Sustained.
[00:09:13] Speaker 1: Who gave you a pants jacket and a button-down shirt to wear?
[00:09:20] Speaker 4: Objection or an irrelevant? Sustained.
[00:09:24] Speaker 1: It's not your clothes, right?
[00:09:26] Speaker 4: Objection or an irrelevant? Sustained.
[00:09:28] Speaker 1: You're right now in state prison serving your sentence and were brought out by the defense to testify, right?
[00:09:36] Speaker 5: I'm a county jail. I'm a county jail. I came from prison.
[00:09:40] Speaker 3: You were in Wasco, right?
[00:09:42] Speaker 5: Before this, yes.
[00:09:44] Speaker 1: It's a state prison.
[00:09:45] Speaker 5: Yes.
[00:09:46] Speaker 1: Where you were sent to serve your sentence.
[00:09:48] Speaker 5: Yes.
[00:09:49] Speaker 1: And then you were brought out from Wasco to the county jail.
[00:09:53] Speaker 2: Correct.
[00:09:53] Speaker 1: To testify for your lover, right?
[00:09:57] Speaker 2: Right. So real.
[00:10:00] Speaker 1: Right?
[00:10:01] Speaker 2: Ex-lover, yeah.
[00:10:03] Speaker 1: Well, it's hard to have sex when you're in custody, right?
[00:10:06] Speaker 2: Yeah, definitely.
[00:10:08] Speaker 1: However, the two of you tried numerous times, right?
[00:10:13] Speaker 2: Seems to be a big thing.
[00:10:14] Speaker 1: I'm sorry?
[00:10:15] Speaker 2: Yeah. Yeah, not really. We talked about it. Talked about it.
[00:10:20] Speaker 1: Do the two of you engage in various sex acts right here in the disgusting, filthy lockup behind this courtroom? Sorry.
[00:10:29] Speaker 2: I think they had us separated the whole time, so no.
[00:10:32] Speaker 1: You didn't engage in any sex acts?
[00:10:34] Speaker 2: We were separated the whole time. No.
[00:10:36] Speaker 1: Do you consider masturbation to be a sex act?
[00:10:40] Speaker 2: No.
[00:10:40] Speaker ?: Oh.
[00:10:41] Speaker 1: Okay. Well, then let me rephrase then. Did you engage in masturbation in the lockup along with the defendant?
[00:10:49] Speaker 2: I know I did.
[00:10:51] Speaker 1: And she did too, right?
[00:10:52] Speaker 2: I think she showed herself. It's just a big thing, yeah.
[00:10:55] Speaker 1: She did, right?
[00:10:56] Speaker 2: She showed herself.
[00:10:58] Speaker 1: Meaning what? What did she show?
[00:11:01] Speaker 2: Herself.
[00:11:02] Speaker 1: What part of herself?
[00:11:03] Speaker 2: I don't remember. Probably whatever she had underneath her clothes.
[00:11:08] Speaker 1: What would that be? You would know, right? So what is that?
[00:11:10] Speaker 2: I would know.
[00:11:11] Speaker 1: She showed you her vagina, right?
[00:11:17] Speaker 2: I know she showed me her breasts.
[00:11:19] Speaker 1: And her vagina.
[00:11:20] Speaker 2: She might have. I don't remember. It's been a long time.
[00:11:22] Speaker 1: She was recording where she showed you how she shaved your initials into her pubic hair.
[00:11:27] Speaker 2: That I didn't know.
[00:11:29] Speaker 1: Really? No. So I'll pull that for you and we'll play that one next week. What about... Objection.
[00:11:34] Speaker 4: That's argumentative. It's this thing.
[00:11:36] Speaker 1: What about her buttocks? Did she pull down her pants and show you her buttocks?
[00:11:42] Speaker 2: Probably.
[00:11:44] Speaker 1: And did you tell her then to bend over so you could get a better look?
[00:11:47] Speaker 2: Probably.
[00:11:48] Speaker 1: And did she do that too?
[00:11:50] Speaker 2: I think so.
[00:11:51] Speaker 1: You remember that, right?
[00:11:53] Speaker 2: It's been a long time ago. Everything's fading.
[00:11:55] Speaker 1: You remember that though, right?
[00:11:56] Speaker 2: Yeah, probably did.
[00:11:56] Speaker 1: And this went on over and over and over again, right? When you came to court?
[00:12:01] Speaker 2: Not all the time, no. Just here and there.
[00:12:04] Speaker 1: Here and there?
[00:12:04] Speaker 2: Yeah.
[00:12:05] Speaker 1: How many times do you think the two of you engaged in various non-sex acts involving masturbation?
[00:12:11] Speaker 2: I wasn't counting, so I don't know.
[00:12:12] Speaker 1: Maybe more than a couple?
[00:12:15] Speaker 2: More than a couple.
[00:12:17] Speaker 1: And you, in turn, also showed your private parts, right?
[00:12:24] Speaker 2: Yeah. I was trying not to kill nobody. No.
[00:12:26] Speaker 1: You didn't?
[00:12:27] Speaker 2: No, I did.
[00:12:28] Speaker 1: Okay. And you actually masturbated until you ejaculated in the lockup, right?
[00:12:35] Speaker 2: Probably.
[00:12:36] Speaker 1: Probably?
[00:12:37] Speaker 2: Probably. Oh, yes. I don't remember. I don't make that the highlight of my day at that time. It was there for that moment.
[00:12:43] Speaker 1: Her day, right? Because what she said to you was, oh, baby, I love seeing that, right?
[00:12:48] Speaker 2: Objection-ass argumentation. It's a rule. I don't know. I don't remember all that.
[00:12:53] Speaker 1: Okay. Well, then I will pull that for you as well. Do you want to change your answer before we have to play those in court?
[00:13:04] Speaker 2: Change my answer to what?
[00:13:05] Speaker 1: To any of those questions that you just said you don't remember.
[00:13:07] Speaker 2: I'm not disagreeing with you. I'm just saying I don't remember.
[00:13:09] Speaker 1: Okay.
[00:13:10] Speaker 2: Every detail like that. Every detail.
[00:13:12] Speaker 1: None of those things do you deny?
[00:13:15] Speaker 2: I don't deny it.
[00:13:18] Speaker 1: And the two of you often laid on the ground back there so that you could see each other underneath the bars while you were doing these types of acts, right?
[00:13:30] Speaker 2: No. No? You can't do that by laying on the bars.
[00:13:33] Speaker 1: Did you not lay on the ground?
[00:13:35] Speaker 2: Not while masturbating, no.
[00:13:36] Speaker 1: Okay. Okay. Thank you for clarifying that. Now, you also told this jury that at some point you were offered, or you were told you could receive a lighter sentence if you were to give a proffer. Is that right?
[00:14:04] Speaker 2: That way I understood it, yes.
[00:14:05] Speaker 1: Okay. Did we ever have such a conversation?
[00:14:08] Speaker 2: You and I know.
[00:14:09] Speaker 1: Sir, do you have any documentation showing that anybody in the district attorney's office ever offered you such an offer?
[00:14:15] Speaker 2: I never got paperwork, period.
[00:14:19] Speaker 1: I think you also said today to this jury that you called your mom at some point and that your mom said it was all over the news that they were looking for Jay Bird. Did you say that?
[00:14:33] Speaker 2: JB.
[00:14:34] Speaker 1: JB.
[00:14:35] Speaker 2: That's what she told me.
[00:14:36] Speaker 1: Did you ever see anything about that on the news?
[00:14:38] Speaker 2: I hardly got the news.
[00:14:40] Speaker 1: Well, you've been watching this trial in custody, right?
[00:14:43] Speaker 2: Trying to, but I can't get it from where I am.
[00:14:45] Speaker 1: But you did say that you've seen portions of it. You told defense counsel that.
[00:14:49] Speaker 2: Pieces.
[00:14:50] Speaker 1: So you've been watching portions of people's testimony, correct?
[00:14:53] Speaker 2: No, I wasn't able to hear it. I can only see figures because my eyesight is bad and the TV is far away.
[00:14:58] Speaker ?: Okay.
[00:15:00] Speaker 1: All right. Did you tell defense counsel, Mr. Levine, that you had been watching some of it on television through court TV?
[00:15:10] Speaker 2: I have. I could see this on court TV.
[00:15:14] Speaker 1: Did your attorney ever come to you with any paperwork for you to sign or review that indicated that there was any type of deal being offered by the DA in this case?
[00:15:33] Speaker 2: No, I didn't. I haven't seen anything.
[00:15:35] Speaker 1: Did he ever explain to you that in order to get a deal, that there's a chain of command? You understand chain of command from the military, right?
[00:15:44] Speaker 2: I do.
[00:15:44] Speaker 1: So you understand that there are multiple levels of authority in an organization, correct?
[00:15:51] Speaker 2: True.
[00:15:52] Speaker 1: And that documentation has to be sent up the chain for permission and documentation comes back down for permission for various actions, right?
[00:16:00] Speaker 2: In the military, yes.
[00:16:01] Speaker 1: Okay. And was anything ever presented to you through anybody in the DA's office saying that they were interested in making any kind of deal with you?
[00:16:13] Speaker 2: No, I didn't see anything.
[00:16:14] Speaker ?: No, I didn't see anything.
[00:16:25] Speaker 1: Now, you also said during your testimony that the defense attorney, Mr. Levine, played various overhears for you.
[00:16:36] Speaker 2: Yes.
[00:16:37] Speaker 1: Which overhears were played for you?
[00:16:39] Speaker 2: I wouldn't know which ones.
[00:16:41] Speaker 1: You wouldn't know? They were played for you.
[00:16:42] Speaker 2: Yeah, I don't remember what was, it was just too much. It was just too much. Too much. So I don't remember. Yeah. Okay.
[00:16:50] Speaker 1: So you didn't get enough information from your attorney and you were starved and wanting more information regarding?
[00:16:57] Speaker 4: I haven't heard the question. I'll take your objection on submission.
[00:17:00] Speaker 1: Regarding what the evidence was in this case because you didn't get it from your attorney, correct? And so you asked Mr. Levine and their investigator to provide you with various items of evidence in this case, correct?
[00:17:17] Speaker 2: Yes.
[00:17:18] Speaker 1: In fact, you asked them to show you various items of evidence repeatedly when they interviewed you, right?
[00:17:27] Speaker 2: Repeatedly?
[00:17:28] Speaker 1: Yeah.
[00:17:29] Speaker 2: I don't think it was like repeatedly.
[00:17:30] Speaker 1: That means on more than one occasion.
[00:17:32] Speaker 2: I might have. That's argument. I don't know. It's overruled. I might have. Huh? Say again?
[00:17:40] Speaker 3: True.
[00:17:42] Speaker 2: I don't remember asking for the same thing over and over again. They usually just brought what I asked.
[00:17:47] Speaker 1: They brought you whatever you asked for?
[00:17:49] Speaker 2: Yeah. If I asked for something specific.
[00:17:51] Speaker 1: So what kind of things did you ask for?
[00:17:53] Speaker 2: I wanted to see the text messages.
[00:17:56] Speaker 1: Okay. So you saw those?
[00:17:58] Speaker 2: I wanted to...
[00:18:01] Speaker 1: Text messages between you and the defendant?
[00:18:04] Speaker 2: Just all my text messages. All of them.
[00:18:06] Speaker 1: Okay.
[00:18:06] Speaker 2: I wanted to see all of them.
[00:18:08] Speaker 1: Okay. What else did you see?
[00:18:09] Speaker 2: I wanted to see... I wanted to hear audio.
[00:18:13] Speaker 1: Which audio?
[00:18:15] Speaker 2: From Austin's audio. But they said they couldn't let me hear it. So I didn't hear it.
[00:18:21] Speaker 1: So did you get transcripts and stay in?
[00:18:23] Speaker 2: Eventually I did. A few of them.
[00:18:27] Speaker 1: So which transcripts of Austin's statements were you provided?
[00:18:31] Speaker 2: I don't know how many there were. How many were there?
[00:18:34] Speaker 1: Remember the rules this morning we went over?
[00:18:35] Speaker 2: I don't know how many there were. So I can't tell you. I only saw one.
[00:18:38] Speaker 1: One transcript now.
[00:18:39] Speaker 2: Since all I saw was one of his. Yeah. Is there more? I don't know.
[00:18:43] Speaker 1: Which one was it?
[00:18:45] Speaker 2: I don't know. If there's one... If there's just one, then it was that one. I'm sorry, sir. Objections on the road. I was shown... I was shown them. Actually, I wasn't even shown. I was read them. I was read them.
[00:19:01] Speaker 1: They were read to you. Oh, even better. Okay, good.
[00:19:05] Speaker 5: Your Honor, the comments are in a broken argument.
[00:19:08] Speaker 1: So first you told the jury that you haven't seen anything on television. Then we clarified you have, that you've been watching court TV. Then you told us that they brought you whatever you asked for. You weren't allowed to hear Austin's audio of his interviews, but you were provided transcripts. Then that answer changed, and now the transcripts were read to you. Do I have all of that correct?
[00:19:35] Speaker 2: It's a rule.
[00:19:35] Speaker 1: Is that all correct?
[00:19:37] Speaker 2: Well, you just heard that, but you're taking it out of context, but okay. Yes.
[00:19:41] Speaker 1: Tell them. They're here. Did you... Is that what you said?
[00:19:45] Speaker 4: That is improper. Just saying.
[00:19:47] Speaker 1: Did you tell us, under oath, that the defense attorney read you Austin's transcripts? Yes or no?
[00:19:56] Speaker 2: The defense attorney did not.
[00:19:58] Speaker 1: Did his investigator read you Austin's transcripts?
[00:20:02] Speaker 2: He read pieces of it.
[00:20:04] Speaker 1: Pieces of it?
[00:20:05] Speaker 2: Yes.
[00:20:05] Speaker 1: Which pieces did he read to you?
[00:20:07] Speaker 2: I can't remember. I didn't memorize the transcript, so I don't know.
[00:20:10] Speaker 1: When was this?
[00:20:13] Speaker 2: A couple of days ago.
[00:20:15] Speaker 1: So it just happened a couple of days ago, but you don't remember what they were?
[00:20:19] Speaker 2: I don't.
[00:20:20] Speaker 1: Okay. So then why did you ask to listen to the audio or see the transcripts?
[00:20:27] Speaker 2: I wanted to hear what he had to say.
[00:20:28] Speaker 1: So that you could fit your story around the evidence, correct?
[00:20:32] Speaker 2: No. Just wanted to hear what he had to say.
[00:20:33] Speaker 1: Okay. You have repeatedly changed your story in this case to fit the evidence, correct?
[00:20:47] Speaker 2: Officially, no.
[00:20:49] Speaker 1: There's only... I don't know what you... When you say officially, I don't know what that means. I'm just asking you. You have repeatedly changed your story to fit the evidence in this case, correct?
[00:21:01] Speaker 2: Are you asking me or are you telling me what to say?
[00:21:04] Speaker 1: Your Honor?
[00:21:06] Speaker 2: I will. On an official statement, I've been honest with you. On everything else, it's nothing.
[00:21:14] Speaker 1: What in your mind is official versus...
[00:21:17] Speaker 2: When I swear... When I swore in.
[00:21:20] Speaker 1: So if you were to have a conversation with defense counsel where they're asking you to tell the truth and you lie to them, you would consider that to be unofficial?
[00:21:32] Speaker 2: True.
[00:21:33] Speaker 3: So it's okay that they asked you to tell the truth and that you repeatedly lied to them?
[00:21:40] Speaker 2: I did lie to them.
[00:21:41] Speaker 1: Over and over and over and over again, right?
[00:21:43] Speaker 2: Some ports there, some ports no.
[00:21:45] Speaker 1: Cross me, how many times do you think you had conversations with Mr. Levine and his investigator?
[00:21:52] Speaker 2: Hell, I wasn't counting. More than two, three, four, five, six. I don't know whatever the count was.
[00:21:57] Speaker 1: So you think maybe as high as six?
[00:21:59] Speaker 2: I don't know.
[00:22:00] Speaker 1: Could it be more?
[00:22:02] Speaker 2: I don't know.
[00:22:03] Speaker 1: Could it be double?
[00:22:04] Speaker 2: I doubt that very seriously.
[00:22:05] Speaker 1: You doubt it?
[00:22:06] Speaker 2: Yeah.
[00:22:07] Speaker 1: Okay. The minute that defense counsel told you that Austin had been arrested is when you asked to hear his statements, correct?
[00:22:30] Speaker 2: Yes. That's what I would normally do on any case, yeah.
[00:22:35] Speaker 1: Because you're an investigator in this case?
[00:22:37] Speaker 2: No.
[00:22:39] Speaker 1: Okay. So, yes. As soon as they told you Austin had been arrested, you asked to hear his statement?
[00:22:46] Speaker 2: I asked, can I hear it? And they said they couldn't play the audio for me.
[00:22:49] Speaker 3: But they read it to you, as you said?
[00:22:52] Speaker 2: Not even that day, no.
[00:22:53] Speaker 3: The next day?
[00:22:55] Speaker 2: No, it wasn't, I didn't hear anything until I had two days before.
[00:23:00] Speaker 1: When you were, you mean two days ago this week?
[00:23:04] Speaker 2: Or whenever they came last.
[00:23:06] Speaker 1: So you don't think this could have been months ago that you did this?
[00:23:10] Speaker 2: About hearing the transcripts, about hearing the guy read the transcripts. Yeah, that was the first time.
[00:23:15] Speaker 1: Okay. So it was months ago.
[00:23:18] Speaker 2: No, I just said it was a couple of days ago.
[00:23:20] Speaker 1: Okay. Okay. And then when you were told that Austin gave a proffered statement, where he was sworn under oath, you again asked to hear his statement, correct?
[00:23:38] Speaker 2: I just asked to hear his statement, period. I don't know about the proffer or the other statement.
[00:23:42] Speaker 1: All right. Well, we'll go through it all then.
[00:23:47] Speaker 3: What else were you provided by the defense council?
[00:23:51] Speaker 2: What was going to happen, the procedures was going to go on next when the trial was maybe going to start.
[00:23:59] Speaker 1: I'm talking about materials relating to the cases I asked you about earlier. You said all the text messages, you wanted to hear audio, you were given Austin's, read Austin's transcripts. What else were you provided?
[00:24:11] Speaker 2: They showed me some video early on, the video of the guys running, or me and Austin running up, and then the car going down, and we talked about that.
[00:24:22] Speaker 1: The jogger video.
[00:24:23] Speaker 2: Right.
[00:24:23] Speaker 1: What else?
[00:24:29] Speaker 2: I'm trying to remember because my memory is failing because I'm getting old, so hang on. Bear with me. Bear with me. Because most of the time I just let them talk so I can hear what was being said because I was happy to hear information.
[00:24:42] Speaker 1: Again, what else did you ask for that you were provided, sir?
[00:24:46] Speaker 2: I'm thinking.
[00:24:47] Speaker 1: Take a mic.
[00:24:58] Speaker 2: That was the gist of it.
[00:25:00] Speaker 1: That was it?
[00:25:01] Speaker 2: That was the gist of it.
[00:25:02] Speaker 1: So there's nothing else?
[00:25:04] Speaker 2: There might be more. I just don't remember.
[00:25:09] Speaker 1: You were also asked by defense counsel about your service in the military, correct?
[00:25:18] Speaker 2: Yeah, 30 years ago, yep.
[00:25:20] Speaker 1: And eventually you left, separated from the military, correct? From the Army?
[00:25:28] Speaker 2: Correct.
[00:25:29] Speaker 1: And what kind of separation did you receive?
[00:25:33] Speaker 2: OTH.
[00:25:34] Speaker 1: What is that?
[00:25:35] Speaker 2: Other than honorable.
[00:25:36] Speaker 1: And why was that?
[00:25:37] Speaker 2: As I said earlier, because I had caught another case.
[00:25:40] Speaker 1: You caught another case.
[00:25:42] Speaker 2: Yes.
[00:25:43] Speaker 1: Is that what you said?
[00:25:43] Speaker 2: Yes.
[00:25:44] Speaker 1: So you received a dishonorable separation from the Army, correct?
[00:25:51] Speaker 2: There's different ones with that. No, there's a different one. It's not that one. It's other than honorable. There's dishonorable, there's a bad conduct, and there's good conduct. So it's the one step below good conduct.
[00:26:02] Speaker 1: Other than honorable?
[00:26:03] Speaker 2: Yes.
[00:26:04] Speaker 1: Which means not honorable. Right?
[00:26:08] Speaker 5: Argumentative.
[00:26:09] Speaker 1: Other than honorable, it means what it says, right?
[00:26:13] Speaker 5: And that's how you get it.
[00:26:14] Speaker 2: It's a rule.
[00:26:15] Speaker 1: Correct?
[00:26:16] Speaker 2: You would have to look up the regulation to figure that out, because I'm telling you the status of it. I don't go into the details. I don't have the regulation sitting in front of me. There's a regulation for it.
[00:26:35] Speaker 3: See this?
[00:26:36] Speaker 2: Yep.
[00:26:37] Speaker 3: Bagus discharge recharacterizes other than honorable. You see that?
[00:26:43] Speaker 2: I just said that.
[00:26:44] Speaker 3: That is not honorable.
[00:26:46] Speaker 5: Injection, Your Honor. That's what you testified. You see this? You can ask the man. Just a minute.
[00:26:52] Speaker ?: Just a minute.
[00:26:58] Speaker 1: Why did you receive an other than honorable discharge from the Army?
[00:27:03] Speaker 5: Injection calls for, no condemnation calls for it.
[00:27:06] Speaker 4: It's overruled.
[00:27:08] Speaker 1: You said you caught a case, right? What kind of case?
[00:27:11] Speaker 2: It was a lewd and lascivious act with a minor.
[00:27:15] Speaker 1: One?
[00:27:17] Speaker 2: It was one person.
[00:27:19] Speaker 1: One count?
[00:27:20] Speaker 2: I don't know. The counts? I don't know how they got the counts. I just went along with the deal.
[00:27:23] Speaker 1: Well, how many counts did you plead to?
[00:27:25] Speaker 5: Injection, you're about to a rope.
[00:27:29] Speaker 2: I don't remember. I really don't. I know it was just one person. About seven people.
[00:27:36] Speaker 1: Who said anything about seven people?
[00:27:38] Speaker 2: No one. That's what I'm saying. It sounds like you're trying to say that.
[00:27:41] Speaker 1: Oh, no. I'm going to tell you exactly, and I'm going to ask you a question. Who's Naralyn Lopez?
[00:27:46] Speaker 2: Wow. You're going to put her name out there like that, huh?
[00:27:48] Speaker 1: No, you did that by getting up on the stand.
[00:27:50] Speaker 2: I'm done. I'm done with this, ma'am. I'm done with this. I'm not trying to bring her up in this.
[00:27:55] Speaker 4: Yeah, sir.
[00:27:56] Speaker 2: I'm not trying to bring her. She's a victim in this stand.
[00:27:58] Speaker 4: Sir, just have a seat. Right there. Let's see, counsel. Proceed, please.
[00:28:07] Speaker 2: Yes, Your Honor.
[00:28:09] Speaker 1: You want to tell us who she is?
[00:28:12] Speaker 2: I'm not talking about this case, that case anymore. It has nothing to do with this one.
[00:28:16] Speaker 4: Your Honor.
[00:28:17] Speaker 2: I'm done. I'm done, ma'am. I'm done.
[00:28:19] Speaker 4: Please answer the question.
[00:28:22] Speaker 2: I'm not answering any questions regarding that case. It has nothing to do with this one.
[00:28:25] Speaker 1: You referred to it as a stupid case in your interviews with law enforcement, correct?
[00:28:32] Speaker 2: What case is that?
[00:28:34] Speaker 1: A case that you're saying you're going to refuse to talk about.
[00:28:37] Speaker 2: Oh, yeah. I'm done talking about it.
[00:28:42] Speaker 1: So, you were convicted in this particular case of six counts, right? Your Honor.
[00:28:52] Speaker 4: Answer the question, please.
[00:28:53] Speaker 2: Judge, I'm not going to answer these questions.
[00:28:55] Speaker 4: Sir. Here's the issue. You have to answer the question.
[00:28:59] Speaker 2: I don't see the relevance in this whole thing between one and the other.
[00:29:02] Speaker 4: All right. Ladies and gentlemen, I want you to excuse me for a couple seconds outside, please. You have a reason why. Thank you for your patience. I would have brought you in earlier, but Esther needed to finish a piece of pizza. So, excuse her. Thank you. Sir, again, you're still on her oath, and you may continue.
[00:29:18] Speaker 1: Thank you. Again, you were actually convicted of six different counts, correct?
[00:29:30] Speaker 2: Six counts.
[00:29:32] Speaker 1: Yes?
[00:29:33] Speaker 2: I think so.
[00:29:34] Speaker 1: You don't know.
[00:29:36] Speaker 2: I don't remember how many counts there was. I just took a deal for the whole thing, so I never really.
[00:29:41] Speaker 1: So...
[00:29:42] Speaker 2: It was a long time ago.
[00:29:43] Speaker 1: 1993. How old were you?
[00:29:46] Speaker 2: 31.
[00:29:47] Speaker 1: And how old was the victim?
[00:29:49] Speaker 2: 14, 15.
[00:29:51] Speaker 1: And count one was a violation of Penal Code Section 288A, Subsection C, oral copulation on a minor 14 or under, correct?
[00:30:02] Speaker 2: I don't remember what it was. I thought it was just 288, whatever it was.
[00:30:14] Speaker 1: Was that Long Beach, right? Right? Long Beach?
[00:30:21] Speaker 2: Yes.
[00:30:22] Speaker 1: 288A, Subsection C, oral copulation, correct?
[00:30:27] Speaker 2: It's the arrest. This is the arrest thing, right? This is the arrest?
[00:30:29] Speaker 1: This is what you were convicted of, sir.
[00:30:31] Speaker 2: I didn't even know this.
[00:30:32] Speaker 1: You didn't know. You pled to all these counts. Is that kind of like how you didn't know what you were pleading to in this case?
[00:30:35] Speaker 4: I'm telling you the truth. I didn't know it was all this. I thought it was a stupid, sir. There was an objection. Same.
[00:30:43] Speaker 1: You were also convicted of Penal Code Section 288.5, Subsection A, continuous sexual abuse of a child, correct?
[00:30:53] Speaker 2: I don't know this.
[00:30:55] Speaker 3: Okay. How about count three? Penal Code Section 288A, Subsection B, Subsection 2, oral copulation with a person in your 16th.
[00:31:05] Speaker 1: Are you convicted of that as well?
[00:31:06] Speaker 2: I thought it was just lewd and lascivious acts. That's all I thought it was. Seven counts of lewd and lascivious acts. That's all I remember. That's what I thought it was.
[00:31:12] Speaker 1: Okay. Because earlier you said one, so I just want to make sure we're clear. Count four, a violation of Penal Code Section 286, Subsection B, Subsection 2, stodomy of a person under 16. Correct?
[00:31:28] Speaker 2: I don't. No. I really don't. I thought it was something totally different that I pled to. Not that.
[00:31:35] Speaker 1: Count five, Penal Code Section 288A, lewd or lascivious acts with a child under 14. Right?
[00:31:46] Speaker 2: Not what I thought I pled to.
[00:31:48] Speaker 1: Okay. Count six,
[00:31:50] Speaker 2: Can we check that?
[00:31:51] Speaker 1: A violation of...
[00:31:53] Speaker 4: If you don't remember, or if you don't think that was it, then say exactly that. Okay. I don't remember.
[00:31:59] Speaker 1: Count six, a violation of Penal Code Section 261.5, unlawful sexual intercourse with a minor. Do you remember that?
[00:32:08] Speaker 2: No, I don't.
[00:32:09] Speaker 1: Okay. Do you see here, count one, 288?
[00:32:14] Speaker 2: I do see it.
[00:32:15] Speaker 1: Convicted?
[00:32:16] Speaker 2: I see that.
[00:32:16] Speaker 1: See that?
[00:32:18] Speaker 5: You know, I'm going to object if that was the only conviction, then there's the rest of the case.
[00:32:23] Speaker 1: Maybe, wait.
[00:32:23] Speaker 5: I'm sorry.
[00:32:25] Speaker 1: Good idea. Two years state prison, you see that?
[00:32:31] Speaker 2: It's out of focus, but...
[00:32:32] Speaker 1: Yeah, it'll come back. It would have stopped. It's thinking.
[00:32:35] Speaker 3: See that?
[00:32:50] Speaker 2: Yeah, I see that.
[00:32:52] Speaker 1: Five additional counts? All counts convicted. Do you see that?
[00:32:57] Speaker 2: I see it.
[00:32:59] Speaker 1: See the other counts here? 288C?
[00:33:02] Speaker 2: I see that, too.
[00:33:03] Speaker 1: Okay. Five counts of 288C. You see that?
[00:33:06] Speaker 5: I see that.
[00:33:07] Speaker 1: Yeah. And you see here, you know what that is? PC-290?
[00:33:14] Speaker 2: Registration.
[00:33:14] Speaker 1: Right. Were you also convicted of failure to register as a sex offender after those offenses?
[00:33:20] Speaker 2: Somewhere down the line, yes.
[00:33:22] Speaker 1: Yep. And then several times, correct?
[00:33:30] Speaker 2: Twice. Not several.
[00:33:33] Speaker 1: All right. So, are you clear now that you were convicted of...
[00:33:36] Speaker 2: 288C?
[00:33:38] Speaker 1: Numerous counts that I just read to you. All of the counts that I just read to you.
[00:33:42] Speaker 2: So, all the A's and B's, all that, too, was included?
[00:33:45] Speaker 1: All of them. Did you see that?
[00:33:46] Speaker 2: I saw it now.
[00:33:47] Speaker 1: Do I put it back up?
[00:33:48] Speaker 2: Huh? It's up to you. It's already out there.
[00:33:51] Speaker 1: So, you agree with me? Those were the counts you were convicted of?
[00:33:54] Speaker 2: I saw 288C. I saw that for sure.
[00:33:58] Speaker 1: All right. And you referred to this as a stupid case in your interview.
[00:34:02] Speaker 2: Which stupid case? This one or that one?
[00:34:05] Speaker 1: Yeah.
[00:34:05] Speaker 3: This is a stupid case. Right?
[00:34:10] Speaker 2: It's my opinion. For me, it is.
[00:34:13] Speaker 1: She was your stepdaughter, right?
[00:34:17] Speaker 2: Yes.
[00:34:19] Speaker 1: So, you were married to her mother.
[00:34:21] Speaker 2: Yes.
[00:34:22] Speaker 1: That was Vanessa.
[00:34:24] Speaker 2: All right. Here we go again. The names. Let's put these people on blast again.
[00:34:29] Speaker 4: I don't have to do this again. I can be present, Mr. Baker.
[00:34:36] Speaker 1: Correct? You mentioned this victim yesterday in your testimony. right?
[00:34:41] Speaker 4: Yes. I'll sustain that. Motion to strike. No, it was by counsel. Statements of counsel are not evidence.
[00:34:50] Speaker 1: You testified about this yesterday, right? Mr. Levine brought this all up when he asked you if the two of you had made pornos together or were in the business together. Do you remember all that?
[00:35:00] Speaker 2: I do.
[00:35:00] Speaker 1: Okay, so you talked about it without any problem yesterday. In fact, you brought it up.
[00:35:04] Speaker 2: Without mentioning names, yes. Sustained.
[00:35:07] Speaker 1: Do you remember talking about it yesterday?
[00:35:10] Speaker 2: Um, which part? You're kind of all over the place.
[00:35:17] Speaker 1: I'm sorry?
[00:35:18] Speaker 2: You're kind of all over the place. I'm trying to get an idea which part are you talking about. Which part are you talking about?
[00:35:23] Speaker 4: There is no question pending.
[00:35:29] Speaker 1: You said that because of this case, you brought this up, they chased you all the time.
[00:35:35] Speaker 2: That's the truth.
[00:35:37] Speaker 1: Because you were convicted of numerous counts of sex with a 14 and a 15 year old. Correct?
[00:35:47] Speaker 2: Are you making a statement or are you asking me?
[00:35:49] Speaker 1: Your Honor?
[00:35:51] Speaker 4: Yes, he was correct. He was yes or no.
[00:35:53] Speaker 2: I said something to that effect.
[00:35:56] Speaker 1: Was that the truth?
[00:35:57] Speaker 2: That they were chasing me? Yeah.
[00:35:59] Speaker 1: Because you were failing to register, correct?
[00:36:06] Speaker 2: Yes.
[00:36:07] Speaker 1: Would it be safe to say that every time you commit a crime you blame it on law enforcement?
[00:36:16] Speaker 5: Injection and argument. The rule.
[00:36:20] Speaker 2: Every time I commit it, I blame it. No, I haven't.
[00:36:22] Speaker 1: You said they chased you.
[00:36:24] Speaker 2: For the 290 registration portion? Yes. So we're on trial for the 290 now. All right. Yes, they chased me constantly, always trying to find a way to get anyone who doesn't fail, who doesn't fail to register properly.
[00:36:38] Speaker 1: It's a law, sir. It's your violation, not theirs, correct?
[00:36:42] Speaker 4: Yeah, so you're testifying and you're being argumentative.
[00:36:45] Speaker 1: Correct?
[00:36:47] Speaker 4: It's the law. There is no question pending.
[00:36:51] Speaker 1: On this case, you told the police the only reason they were interested in you is because you were a sex offender, right?
[00:37:00] Speaker 2: Did I say that? Yes or no? Did I say that?
[00:37:04] Speaker 1: Answer the question, sir.
[00:37:04] Speaker 2: I don't remember. I don't remember me saying that.
[00:37:08] Speaker 1: Throughout this case, you've been saying that the police were...
[00:37:12] Speaker 2: Oh, okay, okay, okay. Got you, got you, got you. Initially, yes.
[00:37:16] Speaker 1: Well, the whole way until you came in and planned. For seven years, right?
[00:37:20] Speaker 2: Okay.
[00:37:21] Speaker 1: Is that true?
[00:37:23] Speaker 2: It always ran across my mind. Constantly, yes.
[00:37:27] Speaker 1: But the truth was, you did commit the crime.
[00:37:30] Speaker 2: And that is the truth.
[00:37:32] Speaker 1: But yet, you went on for years and years and claimed that law enforcement was lying.
[00:37:37] Speaker 4: Let's ask and answer, your honor. True.
[00:37:41] Speaker 1: Do you understand the difference between a truth and a lie? I do. If I were to hold up my pen and say this pen is blue, is that the truth or a lie?
[00:37:50] Speaker 4: Your honor, that's right. Sustain.
[00:38:00] Speaker 1: And then I think you said that you married the victim in this case, correct?
[00:38:06] Speaker 2: a domestic partnership. I called it a marriage for me. But legally, no.
[00:38:10] Speaker 1: Okay. So you were not married?
[00:38:12] Speaker 2: No.
[00:38:12] Speaker 1: So when you told Mr. Levine in one of the interviews that you had been married to this victim, that was not true either?
[00:38:23] Speaker 2: By law, no.
[00:38:24] Speaker 1: Okay. And then who did you marry next? You were asked about this yesterday.
[00:38:32] Speaker 2: I'm not giving any more names out.
[00:38:34] Speaker 1: Who was the person you were married to after the victim?
[00:38:39] Speaker 2: I'm not giving any more names out.
[00:38:41] Speaker 1: Your honor.
[00:38:43] Speaker 4: We asked, we talked about this and it wasn't brought out yesterday. I don't think we need to know the name.
[00:38:49] Speaker 1: I'm sorry?
[00:38:50] Speaker 4: We do not need another name.
[00:38:51] Speaker 1: And was that a real marriage?
[00:38:53] Speaker 4: Yes.
[00:38:54] Speaker 1: And then a third time, who did you marry that time?
[00:39:00] Speaker 2: That was the other name that you used earlier.
[00:39:04] Speaker 1: Okay. The victim?
[00:39:07] Speaker 2: Before her.
[00:39:09] Speaker 1: Vanessa.
[00:39:10] Speaker 2: There we go again.
[00:39:11] Speaker 1: You asked, did you not?
[00:39:16] Speaker 2: I'm trying to keep these people's names off the TV.
[00:39:20] Speaker 1: But you put them up there by getting on the stand, right?
[00:39:24] Speaker 4: Sustained.
[00:39:25] Speaker 1: Mr. Levine told you that you were going to have to answer all the questions that either side put to you and you had no problem answering the questions when he stood up here for a day and a half. Right?
[00:39:36] Speaker 4: Sustained.
[00:39:38] Speaker 1: So how many times have you been married?
[00:39:43] Speaker 2: Four.
[00:39:44] Speaker 1: Four times. Yesterday you told us that you were married twice and the third one you didn't marry. Is that not true now?
[00:40:00] Speaker 2: Say that one more time. I'm doubling numbers in my head.
[00:40:03] Speaker 1: You can't remember the number of people in your head?
[00:40:04] Speaker 2: I can't remember anything these days. Go ahead.
[00:40:06] Speaker 1: You told defense counsel you had been married five times.
[00:40:20] Speaker 5: Correct. Right?
[00:40:20] Speaker 2: Correct.
[00:40:21] Speaker 1: So that was also not true.
[00:40:23] Speaker 2: Correct.
[00:40:23] Speaker ?: Correct.
[00:40:32] Speaker 1: And then you said that you had a business where you were in the office all the time on the phone. Remember that yesterday?
[00:40:42] Speaker 2: I did.
[00:40:42] Speaker 1: What's the name of that business?
[00:40:45] Speaker 2: Oz Entertainment Group.
[00:40:46] Speaker 1: Okay.
[00:40:53] Speaker 2: Also, D-Rob Enterprises was the other name of it too.
[00:40:57] Speaker 1: I'm sorry?
[00:40:57] Speaker 2: D-Rob Enterprises.
[00:40:59] Speaker 1: D-Rock?
[00:40:59] Speaker 2: D-R-O-B. D as in D-R-O-B.
[00:41:03] Speaker 1: D and Rob?
[00:41:04] Speaker 2: Yes.
[00:41:05] Speaker 1: D was one of your wives? You brought it up, sir.
[00:41:10] Speaker 2: That's overruled.
[00:41:11] Speaker 1: You brought it up, correct?
[00:41:13] Speaker 2: You asked me the name of the business.
[00:41:15] Speaker 1: And you said Oz and then on your own you brought up the other. Wasn't D also one of your wives?
[00:41:19] Speaker 2: That's not the business name though.
[00:41:22] Speaker 1: So D-Rob didn't mean D and Rob?
[00:41:27] Speaker 2: Doing the same thing again.
[00:41:30] Speaker 1: Your Honor.
[00:41:32] Speaker 4: Help me with this. It's going to keep on going. No.
[00:41:38] Speaker 2: Yes. Okay.
[00:41:52] Speaker 1: And then you told us that after meeting the defendant in 2015 that within a couple of weeks the two of you began a sexual relationship. Correct?
[00:42:15] Speaker 2: I believe it was 2016.
[00:42:18] Speaker 1: So you began having sex after you met her in 2015 which would have been in 2016. Correct?
[00:42:25] Speaker 2: I met her in 2016.
[00:42:27] Speaker 1: Okay.
[00:42:28] Speaker 2: In 2015. So it was a yeah it was a couple of weeks.
[00:42:33] Speaker 1: Remember giving her a racquetball lesson in the end of 2015?
[00:42:38] Speaker 2: It was 2016.
[00:42:39] Speaker 1: Okay. That you remember.
[00:42:43] Speaker 2: I didn't meet her until 2016.
[00:42:45] Speaker 1: Okay. And then do you still stand by your statement from yesterday that within a couple of weeks of meeting her you said the two of you were having sex?
[00:42:57] Speaker 2: Yeah.
[00:43:03] Speaker 1: And you said that you were working you said a hobby job as the lead director at LA Fitness. Correct? Correct. And you said that it was a hobby job because you weren't making much money?
[00:43:25] Speaker 2: I stopped working.
[00:43:26] Speaker 1: I'm sorry?
[00:43:27] Speaker 2: I stopped working as a manager.
[00:43:30] Speaker 1: Okay. And so you were now working for LA Fitness as the racquetball coordinator.
[00:43:35] Speaker ?: Correct.
[00:43:35] Speaker 1: And I'm assuming you were making a minimal salary. Correct. So how is it that you were able to go out to all of these restaurants and bars and travel and things of that nature that you told everybody about yesterday?
[00:43:51] Speaker 2: I had certain residual money coming in from different places.
[00:43:54] Speaker 3: Like what?
[00:43:56] Speaker 2: Clients who owed me money. Certain checks would still come in.
[00:44:06] Speaker 1: Okay. And so that provided you with enough money you're saying to be able to pay for all of these trips and restaurants and bars and clubs.
[00:44:17] Speaker 2: Yeah.
[00:44:23] Speaker 1: You also told us yesterday that you met Fabio Sementilli at LA Fitness after a couple months of having sex with the defendant.
[00:44:38] Speaker 2: Two weeks after that. Somewhere down the line, yeah. Somewhere down the line I met him.
[00:44:43] Speaker 1: And that you then started playing racquetball with him?
[00:44:46] Speaker 2: That one time, yes.
[00:44:47] Speaker 1: One time?
[00:44:48] Speaker 2: Yeah.
[00:44:49] Speaker 1: And that one time that you played racquetball with Fabio, you were already involved in a relationship with the defendant, his wife?
[00:44:57] Speaker 2: Yes.
[00:45:02] Speaker 1: You also said that you and the defendant communicated through a texting app, correct?
[00:45:13] Speaker 2: Correct.
[00:45:15] Speaker 1: And you said that was Viber, correct?
[00:45:18] Speaker 2: Yes.
[00:45:22] Speaker 1: But you said you didn't use it for secrecy.
[00:45:25] Speaker 2: No, I didn't.
[00:45:27] Speaker 1: So why is it then that the night of the murder, you deleted the application and all the relevant data regarding Viber from your phone?
[00:45:39] Speaker 2: Viber was glitchy. It was very glitchy.
[00:45:41] Speaker 1: So it was just a total coincidence that that night after the murder, you took the time to do that?
[00:45:45] Speaker 2: It was glitchy. Got rid of the app.
[00:45:48] Speaker 1: Is that your answer?
[00:45:49] Speaker 2: Yes.
[00:45:51] Speaker 1: So you told us earlier today about how you were rushing around and panicked and had all these different things you needed to accomplish after the murder, like the two cars, cleaning out the Porsche, going to the market to buy cleaning supplies, going back to your apartment, packing up anything that might connect you to the defendant, getting rid of all of those items, taking Mr. Austin to the flyaway, going to LA Fitness. But somehow that night, it was important to you to delete the Viber app containing all of your communications with the defendant.
[00:46:34] Speaker 2: Yeah, it was glitchy all day. And I know it went out on hers a lot, it went out on mine, so we deleted it.
[00:46:41] Speaker 1: Both of you?
[00:46:43] Speaker 2: Usually, that's how it works.
[00:46:44] Speaker 1: Oh, okay. So at some point in time on the 23rd, you communicated with her so that you would both delete the Viber app at the same time, correct?
[00:46:57] Speaker 2: I think she mentioned that she was going to delete it because it was glitchy. I said I'm going to delete mine too.
[00:47:01] Speaker 1: So you both decided that on January 23rd. Where did that conversation take place?
[00:47:06] Speaker 2: On Viber.
[00:47:09] Speaker 1: So it worked enough to be able to communicate Viber?
[00:47:12] Speaker 2: It was glitchy.
[00:47:13] Speaker 1: Yes.
[00:47:14] Speaker 2: So what
[00:47:16] Speaker 1: time do you think you deleted Viber? I don't know.
[00:47:19] Speaker 2: I don't have that information in front of me. I don't know.
[00:47:21] Speaker 1: Day?
[00:47:22] Speaker 2: It's 10 years ago. I don't know. Or 8 years ago.
[00:47:24] Speaker 1: Night?
[00:47:25] Speaker 2: Probably daytime.
[00:47:26] Speaker 1: Daytime?
[00:47:27] Speaker 2: Yeah.
[00:47:30] Speaker 1: What time? Before or after the two of you played racquetball at LA Fitness?
[00:47:34] Speaker 2: It was after that.
[00:47:37] Speaker 1: Before or after the murder?
[00:47:39] Speaker 2: I stayed off the phone so it had to be before.
[00:47:47] Speaker 1: How many times do you think the two of you messaged through Viber on the day of the murder?
[00:47:55] Speaker 2: I don't remember. I don't remember. What was
[00:47:59] Speaker 1: glitchy? So maybe only a couple?
[00:48:02] Speaker 2: It would go in and out. You would get some like you make a call. It would fade in and out and it would cut off or it would act weird. It would just act glitchy. It did that from time to time. So when it started doing that we usually deleted the app and reinstalled had to go reinstall it and all that stuff.
[00:48:16] Speaker 1: But you never did reinstall it did you?
[00:48:18] Speaker 2: Not after that. There was a lot going on.
[00:48:22] Speaker 1: So when you said we would delete it because it was glitchy and then we'd reinstall it that didn't occur though after the murder?
[00:48:30] Speaker ?: No.
[00:48:31] Speaker 1: And the defendant didn't communicate with you via Viber anymore either?
[00:48:35] Speaker 2: We didn't communicate at all.
[00:48:37] Speaker 1: You didn't communicate at all?
[00:48:39] Speaker 2: At all.
[00:48:41] Speaker 1: You sure about that?
[00:48:42] Speaker 2: After the murder.
[00:48:43] Speaker ?: Yeah.
[00:48:45] Speaker 1: So you didn't message her at 514 after the murder? I don't think
[00:48:51] Speaker 2: so.
[00:48:52] Speaker 1: You don't think so?
[00:48:53] Speaker 2: I don't know. I don't see the text. I don't know.
[00:48:55] Speaker 1: And it wouldn't have been via Viber because as you told us you deleted that before the murder?
[00:49:01] Speaker ?: Correct.
[00:49:01] Speaker 1: And she wasn't trying to message you that afternoon through Viber?
[00:49:08] Speaker 2: I don't remember that. No, I don't remember.
[00:49:12] Speaker 1: Okay. What about the day before? Did you guys use Viber the day before?
[00:49:18] Speaker 2: We usually use Viber all the time.
[00:49:19] Speaker 1: But you said it was glitchy.
[00:49:20] Speaker 2: It does get glitchy. That's why we deleted it because it was getting glitchier.
[00:49:25] Speaker 1: I see. So the last time either of you communicated via Viber would have been before the murder sometime during sometime
[00:49:35] Speaker 2: before the day.
[00:49:37] Speaker 1: What about to make arrangements to meet at LA Fitness? Did that take place also through Viber?
[00:49:47] Speaker 2: Everything went through Viber.
[00:49:48] Speaker 1: So it worked well enough
[00:49:49] Speaker 3: so that both of you need to meet at LA Fitness that day?
[00:49:54] Speaker 2: Yes. Yeah. It probably did. It's probably glitchy too but still it doesn't mean it doesn't work. It doesn't mean it didn't work. It's just glitchy. It just kind of goes in and out and acts weird.
[00:50:05] Speaker 1: Do you recall listening to an overhear that the defense provided you where the two of you, you and the defendant whispered about Viber and hoping that law enforcement wouldn't be able to recover it from your cell phones? Do you remember that?
[00:50:30] Speaker 2: I don't remember the conversation. I don't even remember the transcripts. I'm sure if you said it's there, it's there.
[00:50:35] Speaker 3: Okay. So how did the two of you communicate once both of you
[00:50:41] Speaker 1: discussed on the day of the murder prior to the murder dumping Viber and deleting it from your phones? how did the two of you communicate thereafter?
[00:50:56] Speaker 2: We didn't for weeks and weeks.
[00:51:01] Speaker 1: How many?
[00:51:03] Speaker 2: No, no. On Viber? I don't think I used Viber again.
[00:51:06] Speaker 1: You didn't. My question was how did you communicate after that? And you said you didn't for weeks and weeks. So I asked you how many weeks?
[00:51:12] Speaker 2: Either. I don't know. I don't know. That's why I wanted to detect so I could see all this stuff. I don't know.
[00:51:17] Speaker 1: Again, so that you could fit your answers to the evidence, correct?
[00:51:21] Speaker 2: No, I'm actually looking for other stuff, but I would like to have known that all the other texts before this, way before this.
[00:51:28] Speaker 1: So that you could, again, make your answers fit the evidence?
[00:51:32] Speaker 2: No, so I could know how to fight a case.
[00:51:35] Speaker 1: Same thing, right?
[00:51:37] Speaker 2: No.
[00:51:39] Speaker 1: So how, let me ask it maybe a third time, how did the two of you communicate after weeks and weeks after dumping the Viber app?
[00:51:50] Speaker 2: Eventually, it was some kind of text, regular text on a phone, and then I noted she used to use WhatsApp, so eventually you started using WhatsApp because it was less glitchy.
[00:52:04] Speaker 1: Why did you need to use WhatsApp if the defendant was now a widow and that there was no potential that her husband might find out that she was communicating with you? What is it that the two of you were trying to conceal?
[00:52:23] Speaker 2: No one was trying to conceal anything except me. I'm the only one trying to conceal. It's just me.
[00:52:29] Speaker 1: So why did the two of you need to communicate again through another encrypted app?
[00:52:34] Speaker 2: Well, the other part of this is she still didn't want her family to know that she had an affair, so that was important also. So it was still not trying to be holding hands and under that it was a little bit too early.
[00:52:48] Speaker 1: Okay. So again, why would you need to use an encrypted app if the only thing you were really covering up was a love affair?
[00:52:58] Speaker 4: because that
[00:53:01] Speaker 2: was it. It was trying to cover a side of a love affair. That was it.
[00:53:06] Speaker 1: So it isn't that the two of you were trying to conceal the fact that you conspired to kill her husband?
[00:53:13] Speaker 2: Because there was no conspiracy on her side.
[00:53:15] Speaker 1: I see. Okay. And so
[00:53:19] Speaker 5: then you
[00:53:22] Speaker 1: began using WhatsApp. When do you think you began using that encrypted?
[00:53:25] Speaker 2: Eight years ago. I don't know.
[00:53:28] Speaker 1: Estimate.
[00:53:30] Speaker 2: Estimates is I don't want to estimate. I don't know. I really don't.
[00:53:35] Speaker 1: You don't know.
[00:53:37] Speaker 2: Probably. I mean, I had been using WhatsApp anyway.
[00:53:40] Speaker 1: Really?
[00:53:41] Speaker 2: I think so. Way before that.
[00:53:43] Speaker 1: Do you know what date you installed it on your phone?
[00:53:44] Speaker 2: I don't know. I have no paperwork. I don't have all that information in front of me. Never have.
[00:53:52] Speaker 1: But you're telling us that you had been using it anyway so you probably had it at the same time as the Viber app.
[00:53:58] Speaker 2: Probably.
[00:53:59] Speaker ?: Okay.
[00:54:09] Speaker 1: You also said that you were trying to keep your relationship secret in every way possible, right?
[00:54:17] Speaker 2: Yes.
[00:54:18] Speaker 1: But the two of you had been dating along with another couple, right?
[00:54:26] Speaker 2: Yes.
[00:54:27] Speaker 1: Every time Fabio went out of town, right?
[00:54:31] Speaker ?: Wrong.
[00:54:32] Speaker 1: Okay. So how many times do you think you went out to dinner with Sheila and Ricardo?
[00:54:40] Speaker 2: Two or three.
[00:54:43] Speaker 1: And where do you think you guys met for dinner?
[00:54:47] Speaker 2: Where we met? Where who met?
[00:54:53] Speaker 1: The four of you.
[00:54:54] Speaker ?: Oh.
[00:54:55] Speaker 2: Various restaurants.
[00:54:57] Speaker 1: Such as what?
[00:54:58] Speaker 2: I don't even remember the names. It's been a long time ago. I don't even remember anymore.
[00:55:01] Speaker 1: How about Cho-Cho-San?
[00:55:03] Speaker 2: That's one.
[00:55:04] Speaker 1: How many times do you think you went there with them?
[00:55:06] Speaker 2: With them? Maybe once, twice.
[00:55:08] Speaker 1: How about Cravings?
[00:55:12] Speaker 2: I don't even remember Cravings.
[00:55:14] Speaker 1: Okay. How about Delmonicos?
[00:55:18] Speaker 2: Once there.
[00:55:19] Speaker 1: Okay. Lobster? Great.
[00:55:22] Speaker 2: You mean eating lobster there?
[00:55:23] Speaker 1: Yeah.
[00:55:23] Speaker 2: Oh. I don't know what I had. I have no paperwork. I have nothing. I don't know. I can't remember that far.
[00:55:31] Speaker ?: Okay.
[00:55:35] Speaker 1: So if you were going out with Ricardo and Sheila, you obviously weren't keeping the relationship secret, correct?
[00:55:43] Speaker 2: Well, not 100%. I kind of trusted them.
[00:55:46] Speaker ?: Okay.
[00:55:48] Speaker 1: And then I think it offended that Mr. Levine asked you if you also had been having a relationship with Paula, correct?
[00:56:03] Speaker 2: Correct.
[00:56:03] Speaker 1: Sean McCollum, was he somebody who was a good friend of yours?
[00:56:07] Speaker 2: Yes.
[00:56:09] Speaker 1: Close relationship?
[00:56:12] Speaker 2: With both of them, yes.
[00:56:13] Speaker 1: And you told him you loved him, right? Like a brother.
[00:56:17] Speaker 2: Yeah, I did.
[00:56:18] Speaker 1: And was that also during the time that you were having sex with his wife?
[00:56:23] Speaker 2: Yes.
[00:56:26] Speaker 1: So that was a lie also, right?
[00:56:28] Speaker 2: What was the lie again?
[00:56:29] Speaker 1: Your whole relationship.
[00:56:30] Speaker 2: With who?
[00:56:32] Speaker 1: With Sean McCollum.
[00:56:33] Speaker 2: I still love him and I still love him. It doesn't matter. I tried to keep it together for him.
[00:56:38] Speaker 1: You tried to keep his marriage together for him?
[00:56:41] Speaker 2: I tried.
[00:56:42] Speaker 1: By having sex with his wife?
[00:56:44] Speaker 2: I tried.
[00:56:45] Speaker 1: And then you said Paula was someone who wouldn't go away. Is that right?
[00:56:50] Speaker 2: Yes.
[00:56:52] Speaker 1: Isn't it true that you repeatedly called her from jail?
[00:56:56] Speaker 2: I did.
[00:56:57] Speaker 1: Isn't it true that you repeatedly sent her letters from jail?
[00:57:02] Speaker 2: I did.
[00:57:03] Speaker 1: Isn't it true that you asked her on numerous occasions to come visit you?
[00:57:09] Speaker 2: I did.
[00:57:10] Speaker 1: Isn't it also true that you asked her to send you things?
[00:57:14] Speaker 2: I did.
[00:57:15] Speaker 1: Books? Yes?
[00:57:17] Speaker 2: Yes.
[00:57:18] Speaker 1: Dictionary?
[00:57:19] Speaker 2: Yes.
[00:57:19] Speaker 1: Put money on your books?
[00:57:21] Speaker 2: Yes.
[00:57:22] Speaker 1: But you want the jury to believe that she was the one who wouldn't go away. Right?
[00:57:27] Speaker 4: That's form. It's argumentative. So, answer that.
[00:57:31] Speaker 1: You told this jury that she was the one who wouldn't go away. That was a lie.
[00:57:37] Speaker 2: Not true.
[00:57:43] Speaker 1: Eventually, when you continued calling and writing her, she told you she didn't want to speak to you anymore. That is also true.
[00:57:52] Speaker 2: That is also true.
[00:57:53] Speaker 1: And she never talked to you again.
[00:57:54] Speaker 2: That's true.
[00:57:55] Speaker 1: So she went away.
[00:57:56] Speaker 2: She did.
[00:57:59] Speaker 1: Did you also tell the jury yesterday that you didn't know that Viber was an encrypted app?
[00:58:09] Speaker 2: At first, when I first got the app, I didn't.
[00:58:12] Speaker 1: But eventually you knew it was?
[00:58:13] Speaker 2: Eventually, yes.
[00:58:18] Speaker 1: same thing with WhatsApp?
[00:58:20] Speaker 2: I found out later it was encrypted also.
[00:58:23] Speaker 1: So you didn't know either of those things?
[00:58:24] Speaker 2: Not really, no. At first, no.
[00:58:26] Speaker 1: Not really?
[00:58:26] Speaker 2: No, at first I didn't know.
[00:58:28] Speaker 1: Who's Al Birdsong?
[00:58:29] Speaker 2: A friend of mine.
[00:58:31] Speaker 1: Who did he work for prior to retirement?
[00:58:35] Speaker 2: Before he retired? You mean, retired from where?
[00:58:41] Speaker 1: That's my question. Where did he retire from?
[00:58:43] Speaker 2: The only place he worked. You said
[00:58:46] Speaker 1: he was your best friend, right?
[00:58:48] Speaker 2: Yes.
[00:58:49] Speaker 1: Who did he work for?
[00:58:50] Speaker 2: He worked in the Army.
[00:58:51] Speaker 1: After that?
[00:58:52] Speaker 2: He worked for TSA.
[00:58:55] Speaker 1: Through Homeland Security, right?
[00:58:57] Speaker 2: Then he worked Homeland.
[00:58:59] Speaker 1: And what was his area of expertise from the Army and the TSA?
[00:59:05] Speaker 2: TSA? I don't know what he did at TSA. I think he just watched people or something or he checked in people. I'm not sure.
[00:59:13] Speaker 1: Wasn't his specialty intel, data analysis, communications devices, encrypted applications, things of that nature?
[00:59:22] Speaker 2: I think that was his homeland job, but not TSA. There's a difference.
[00:59:27] Speaker 1: And you never talked to him about encrypted applications, data analysis, how the police could trace you, things of that nature?
[00:59:40] Speaker 4: You didn't
[00:59:41] Speaker 1: talk to him about any of that?
[00:59:43] Speaker ?: No.
[00:59:43] Speaker 1: So if he told that to law enforcement, he would be mistaken.
[00:59:48] Speaker 2: I don't know what he would say. Say the question one more time.
[00:59:53] Speaker 1: Sure. If he told law enforcement that, then he would be mistaken.
[01:00:00] Speaker 2: If he told law enforcement, what exactly? What's the that part?
[01:00:03] Speaker 1: That the two of you discussed encrypted applications, how to hide things from police, intel, data analysis,
[01:00:13] Speaker 3: DNA,
[01:00:14] Speaker 1: how to
[01:00:14] Speaker 3: destroy DNA evidence, how to get away with crimes, trackers, things of that nature.
[01:00:22] Speaker 5: Speculation and hearsay is no foundation that he told you. overruled.
[01:00:26] Speaker 2: I never had that conversation that I remember with him. I never had it with him.
[01:00:31] Speaker 1: Right after the murder, you said you were going to go to Las Vegas, but then you didn't go to Las Vegas. Remember that?
[01:00:38] Speaker 5: Yes.
[01:00:39] Speaker 1: If I were to tell you that your vehicle was tracked to Las Vegas along with your cell phone, does that refresh your recollection?
[01:00:47] Speaker 2: I did go eventually. I just didn't go immediately.
[01:00:50] Speaker 1: And where did you go when you went to Las Vegas?
[01:00:53] Speaker 2: I stayed at his place.
[01:00:53] Speaker 1: And when you drove to Las Vegas, you drove through the night, correct?
[01:00:59] Speaker 2: I think so.
[01:01:01] Speaker 1: And in the morning when you arrived in Las Vegas, where did you meet Al?
[01:01:06] Speaker 2: I think I met him at his house.
[01:01:08] Speaker 1: Didn't you go downtown to his office?
[01:01:10] Speaker 2: Eventually.
[01:01:11] Speaker 1: Isn't that where you met him that morning when you came in?
[01:01:15] Speaker 2: I went to his office, but it wasn't that morning.
[01:01:18] Speaker 1: Did you tell Al that you fucked up when you committed this murder?
[01:01:23] Speaker 2: No.
[01:01:24] Speaker 1: Did you tell Al you fucked up because you cut your finger and that the only thing you could find was vinegar, no bleach, to clean up DNA at the crime scene?
[01:01:36] Speaker 2: No.
[01:01:37] Speaker 1: You didn't have that conversation? I don't
[01:01:38] Speaker 2: remember that conversation.
[01:01:42] Speaker 1: I think you also were asked by Mr. Levine if you and Al and Monica had sex and you said you don't know.
[01:01:54] Speaker 2: I didn't know.
[01:01:56] Speaker 1: You didn't what?
[01:01:57] Speaker 2: I didn't have sex as, no, no.
[01:02:00] Speaker 1: The two of you didn't engage in three-way sex?
[01:02:02] Speaker 2: No.
[01:02:03] Speaker 1: Didn't Al Birdsong come to Los Angeles in 2016?
[01:02:08] Speaker 2: Probably came up a couple of times.
[01:02:10] Speaker 1: And you brought him to LA Fitness?
[01:02:12] Speaker 2: Yes.
[01:02:13] Speaker 1: Took him out with a bunch of your friends from LA Fitness?
[01:02:16] Speaker 2: Yes.
[01:02:17] Speaker 1: Did the same thing with Chris Austin?
[01:02:20] Speaker 2: Yes.
[01:02:21] Speaker 1: And when you and Chris Austin would go to Las Vegas and stay with Al, did you guys call those family meetings?
[01:02:30] Speaker 2: Sometimes, yeah. We call them that.
[01:02:33] Speaker 1: And when
[01:02:34] Speaker 3: you introduced Al to your friends at LA Fitness, you also introduced them to the clinic, right?
[01:02:43] Speaker 2: If she was there.
[01:02:45] Speaker 1: Correct?
[01:02:45] Speaker 2: If she was there, yes.
[01:02:46] Speaker 1: Do you remember him staying at a hotel in Hollywood?
[01:02:51] Speaker 2: He stayed in a hotel. I don't know if it was Hollywood or not. I can't remember. It was somewhere downtown.
[01:02:57] Speaker 1: Do you remember going out with him and the defendant to play pool?
[01:03:02] Speaker 2: I do remember that.
[01:03:04] Speaker 1: And then do the three of you go back to his hotel room and have sex?
[01:03:08] Speaker 2: No, we went back to the hotel room to relax and watch some TV.
[01:03:12] Speaker 1: The three of you did not have sex?
[01:03:14] Speaker 2: No, not the three of us, no.
[01:03:16] Speaker 1: And what about in Las Vegas? When you went to Las Vegas with the defendant after you murdered her husband, did you guys again hang out with Al?
[01:03:25] Speaker 2: Yes.
[01:03:26] Speaker 1: And you guys were staying at the Aria, right?
[01:03:29] Speaker 2: I believe that was it.
[01:03:30] Speaker 1: And who paid for the room at the Aria?
[01:03:34] Speaker 2: I think
[01:03:34] Speaker ?: I think
[01:03:34] Speaker 2: she paid for it.
[01:03:36] Speaker 1: And when you stayed at the Aria, you and Al hung out with Monica in a cabana, right?
[01:03:45] Speaker 2: Yes.
[01:03:46] Speaker 1: And at some point in time, did you and Monica and Al have sex in a room at the Aria as well?
[01:03:54] Speaker 2: Not us three, no.
[01:03:56] Speaker 1: No.
[01:03:57] Speaker 2: Not us three, no.
[01:03:58] Speaker 1: Mr. Birdsong remembers that. He would again, he would stay.
[01:04:04] Speaker 5: Overruled.
[01:04:05] Speaker 2: Say that one more time.
[01:04:07] Speaker 3: I think I was pretty clear.
[01:04:09] Speaker 4: That's argumentable.
[01:04:14] Speaker 1: All right, I have to. Did you and Al Birdsong and Monica have sex for the second time in Las Vegas at the Aria?
[01:04:25] Speaker 4: That's not an evidence that was the first So yeah,
[01:04:30] Speaker 2: there wasn't a first time and no.
[01:04:33] Speaker 1: Did you have watched while Monica engaged in sex with other men while the two of you were in Las Vegas?
[01:04:44] Speaker 2: No, no, not Las No,
[01:04:46] Speaker ?: no, no,
[01:04:46] Speaker 2: no.
[01:04:48] Speaker ?: No.
[01:04:49] Speaker 5: Okay.
[01:04:57] Speaker 1: You said that when you and Monica would get together to see each other all throughout 2016, it was very random.
[01:05:14] Speaker 2: Oh, that's a question, yes.
[01:05:17] Speaker 1: And that was dependent on when she was free.
[01:05:21] Speaker 2: Yes.
[01:05:21] Speaker 1: Correct? Which would be every day when Fabio went to work, correct?
[01:05:27] Speaker 2: I don't know, I don't know the schedule I can.
[01:05:29] Speaker 1: Well, did you see her almost every day?
[01:05:31] Speaker 2: No, I didn't.
[01:05:33] Speaker 1: And how often would you say she came over to your apartment?
[01:05:38] Speaker 2: Anywhere from twice a week, three times a week to not coming at all.
[01:05:44] Speaker 1: at all?
[01:05:44] Speaker 2: Yep.
[01:05:53] Speaker 1: Sure. You, um, you knew when Fabio would be traveling because the defendant, Monica, would send you his travel itineraries that she received from the secretary, right?
[01:06:28] Speaker 2: She would usually just tell me most of the time.
[01:06:31] Speaker 3: She ever sends you his itineraries?
[01:06:33] Speaker 2: It's a matter of once or twice, maybe once, twice, I don't know, but usually she just let me know he was leaving and going out of town to something.
[01:06:45] Speaker 3: So you're saying only once or twice?
[01:06:48] Speaker 2: That I remember. That I remember. That I remember.
[01:06:52] Speaker 1: So it could be more?
[01:06:53] Speaker 2: Or once or twice.
[01:06:55] Speaker 1: Could it be numerous times?
[01:06:58] Speaker 2: Could be anything. I don't remember.
[01:06:59] Speaker 1: Could be anything.
[01:07:01] Speaker 2: Could be once or twice that I remember, the rest I don't remember.
[01:07:04] Speaker 1: Okay. So basically what you're telling the jury is you don't remember her sending you Fabio's itineraries when he would travel more than once or twice.
[01:07:17] Speaker 2: So most of the time she told me the itinerary. Most of the time. She just told me when he's leaving and when he's coming back.
[01:07:27] Speaker 1: So that the two of you could plan around his absences. Correct.
[01:07:32] Speaker 2: Correct.
[01:07:32] Speaker 1: And in one of those absences or business trips is when you slept over. Right?
[01:07:39] Speaker 2: Yes.
[01:07:40] Speaker 1: And you told us that you got really drunk. And that's why you had to sleep over.
[01:07:47] Speaker 2: Couldn't drive, yeah.
[01:07:49] Speaker 1: Do you know somebody named Ron Ray?
[01:07:51] Speaker 2: Yes.
[01:07:52] Speaker 1: He was also one of your very close friends, correct?
[01:07:55] Speaker 2: He's a friend of mine. He wasn't close, close, but he's a friend of mine.
[01:07:58] Speaker 1: Didn't you send him messages through your Facebook account telling him how much you loved him and Michelle and that they were family to you?
[01:08:06] Speaker 2: Yeah. He's a friend, but he's not my best friend. He's a good friend.
[01:08:12] Speaker 1: And did you bring Monica there to introduce him to Ron and Michelle?
[01:08:21] Speaker 2: She met him.
[01:08:22] Speaker 1: You brought her to their house?
[01:08:24] Speaker 2: She met him.
[01:08:25] Speaker 1: Yes?
[01:08:26] Speaker 2: I think it was her house. I think it was her house. But they met. I don't remember where, but I made sure they met.
[01:08:31] Speaker 1: Do you remember going to Las Vegas towards the beginning of February? Just maybe a few days after the murder?
[01:08:42] Speaker 2: You talking about me? By myself?
[01:08:44] Speaker 1: Yes, you.
[01:08:45] Speaker 2: Okay, yeah. Probably. If I was in Vegas, I went to go see him.
[01:08:48] Speaker 1: So they were good friends of yours?
[01:08:50] Speaker 2: Yes.
[01:08:51] Speaker 1: So every time you would go to see Al, you would also drop in and see Ron and Michelle?
[01:08:59] Speaker 2: No, usually.
[01:09:00] Speaker 1: Okay. And when you went in February, did you and Ron play basketball until late one night at the beginning of February?
[01:09:11] Speaker 2: I played basketball with him a lot.
[01:09:14] Speaker 1: So is that yes?
[01:09:15] Speaker 2: I don't remember. I probably did. I don't remember.
[01:09:18] Speaker 1: And during that time, did you then go to a sushi place across the way?
[01:09:25] Speaker 2: Probably.
[01:09:26] Speaker ?: Probably.
[01:09:27] Speaker 1: It's right across from the gym there that you used to belong to, right?
[01:09:33] Speaker 2: Probably. This is all information I don't have in front of me, so I don't know. But I'm going to go along with it because that's what our usual thing is. Basketball and sushi. So, okay.
[01:09:43] Speaker 1: And so did you tell him that you and Monica were going to be living together soon that it was in the works for the two of you to move in together?
[01:09:53] Speaker 2: That I don't remember. It might have been something along those lines, but I don't know if it was exactly like that.
[01:09:58] Speaker 1: Who's Michael Spence?
[01:09:59] Speaker 2: Michael Spence?
[01:10:01] Speaker 1: Yes.
[01:10:01] Speaker 2: Michael Spence is a childhood friend of mine.
[01:10:06] Speaker 1: And did you also message him about your relationship with the defendant?
[01:10:11] Speaker 2: That, I probably, I don't remember. I might have. If you have it, then I probably did.
[01:10:18] Speaker ?: But I don't remember.
[01:10:18] Speaker 1: Did you also tell him at the end of 2016 that you and the defendant were going to be living together soon?
[01:10:28] Speaker 2: I might have.
[01:10:29] Speaker 1: So would it be fair to say that sometime in 2016, you and the defendant discussed moving in together?
[01:10:37] Speaker 2: Me and the defendant? No. Maybe me just thinking about it.
[01:10:40] Speaker 1: You just thinking about it?
[01:10:41] Speaker 2: Maybe me, yeah. It was in my head for sure.
[01:10:44] Speaker 1: So you're saying you and the defendant never talked about moving in together?
[01:10:47] Speaker 2: Well, we did, but not no dates. We just kind of just toyed around with it just to see. But it was like nothing concrete or nothing like that. It was just like, what if we moved in together? What would happen? How would you act? Just things couples do.
[01:11:05] Speaker 1: So if you had told Ron Ray that you and the defendant were in the process of moving in together, would that have been true?
[01:11:17] Speaker 2: That was hopes. Not truth. Hopes.
[01:11:20] Speaker 1: So again, you would have lied to him?
[01:11:22] Speaker 2: I didn't say it was happening. I didn't say it was going to happen. It was hopes.
[01:11:27] Speaker 1: Same with Michael Spence?
[01:11:30] Speaker 2: Probably. I don't even remember that conversation.
[01:11:34] Speaker 1: Truth or a lie?
[01:11:35] Speaker 2: Can I see the text? I'll tell you.
[01:11:37] Speaker 1: I'll show you.
[01:11:37] Speaker 2: I'll show you.
[01:11:38] Speaker 1: Truth or a lie, sir?
[01:11:39] Speaker 5: Objective, argumentative. It's a rule.
[01:11:41] Speaker 2: Can I see the text?
[01:11:43] Speaker 1: Can you answer the question?
[01:11:45] Speaker 2: Because I need to see what happened beforehand, what the conversation was beforehand. Because you're taking it out of context. Because you have to know
[01:11:49] Speaker 1: what the evidence is beforehand so that you can fit, again, your answer to the evidence.
[01:11:53] Speaker 2: Correct? This one alone.
[01:11:56] Speaker 1: Correct?
[01:11:57] Speaker 2: No, you're incorrect on that.
[01:11:59] Speaker 1: So then we don't need to see the text. Why don't you just answer the question?
[01:12:03] Speaker 2: Because I need to see the conversation beforehand so I can answer you properly.
[01:12:06] Speaker 1: So you know how to answer. Exactly.
[01:12:08] Speaker 2: So I can tell you what's in my head during that time.
[01:12:09] Speaker 1: I get it.
[01:12:10] Speaker 4: We're going to take our afternoon recess for 15 minutes. The admission applies. Counsel, present, jury, and alternates are present. Mr. Baker is still under oath. Mr. Silverman, you may continue.
[01:12:22] Speaker 1: Thank you. When did you download WhatsApp relative to the day of the murder? We talked about that you deleted Viber on the day of the murder, before the murder. But when did you download WhatsApp onto your phone?
[01:12:45] Speaker 2: I believe I already had it, but I'm not sure.
[01:12:48] Speaker 1: So let's say you didn't have it. Then when do you think you downloaded it?
[01:12:59] Speaker 2: I really think I had it already. I really think I had it already.
[01:13:11] Speaker 1: Could it have been the night of the murder at about 1140?
[01:13:20] Speaker 2: I guess. I don't know. I really don't know.
[01:13:29] Speaker 1: When was the first time you remember you and the defendant communicating using WhatsApp, the second encrypted app?
[01:13:48] Speaker 2: I'm thinking maybe we... I really don't know. It's been a long time ago. I'm thinking we may have used it even before this thing happened and then after that, weeks later is when we contacted... when I contacted her. But I don't know if I used WhatsApp to do it. I'm not sure.
[01:14:07] Speaker 1: Let's say I told you that you guys did not ever use WhatsApp until after the murder.
[01:14:11] Speaker 2: Okay. All right.
[01:14:13] Speaker 1: Does that help you?
[01:14:15] Speaker 2: Not really. Honestly, I really don't know. It's been too long ago.
[01:14:24] Speaker 1: I'm going to show you your messages with Mr. Spence that you asked to see. Okay. Remember this?
[01:14:39] Speaker 2: Sounds like my verbiage.
[01:14:41] Speaker 1: From your phone.
[01:14:42] Speaker 2: Yep.
[01:14:42] Speaker 1: Right? You see Rob Baker.
[01:14:44] Speaker 2: Yeah.
[01:14:46] Speaker 1: November 3rd of 2016.
[01:14:49] Speaker ?: Okay.
[01:14:50] Speaker 1: You're texting, messaging him about the defendant, right?
[01:14:55] Speaker 2: Yeah. Do you want to listen to our names, by chance?
[01:15:00] Speaker 1: Yes. And then, do you see here on the second page where Spence asks you on November 3rd, y'all living together and you said a year. You're saying, you're answering a prior question where he asked you at the bottom of page one, how long you've been together. This is November again of 2016.
[01:15:31] Speaker 5: Okay.
[01:15:31] Speaker 1: You said a year and then you said probably start living together in about three months. so you gave a very specific timeline, right?
[01:15:38] Speaker 2: Yeah, yeah, yeah.
[01:15:39] Speaker 1: Remember that?
[01:15:40] Speaker 2: Yeah, I see it.
[01:15:41] Speaker 1: And this would be before the murder of Fabio, right?
[01:15:44] Speaker 2: Oh, yes. That's according to the date.
[01:15:47] Speaker 1: But you're already telling Spence that you're going to be living together the beginning of February, right?
[01:15:55] Speaker 2: Yeah.
[01:15:58] Speaker 1: And you talk about her daughters that are going to be going to school, right?
[01:16:03] Speaker 2: Yeah.
[01:16:03] Speaker 1: And then after that you're going to be sort of free and clear.
[01:16:07] Speaker 2: Yeah.
[01:16:08] Speaker 1: Right?
[01:16:09] Speaker 2: Yeah. I see it.
[01:16:16] Speaker 1: And then on the last page you said now when I move into that spot, this place where you're moving in together and then or she moved in with me and you always got a place to stay by a room for sure, right?
[01:16:31] Speaker 2: Yeah.
[01:16:33] Speaker 1: And then Ron Ray, this is exhibit 206. I'm sorry, Ron, I don't know if I said the messages with Spence are in Curtis Davis' PowerPoint on exhibit 158 and this was pages 23 to 25. Moving on to exhibit 206. Again, messages with Ron Ray from November 12th of 2016. You recognize this?
[01:17:06] Speaker 2: Where's this from?
[01:17:08] Speaker 1: Again, do you recognize this? No,
[01:17:10] Speaker 2: I don't. Hang on.
[01:17:13] Speaker 1: You see this where it says Rob Baker?
[01:17:15] Speaker 2: Yeah, I do.
[01:17:17] Speaker 1: And it says I've been with my girl for a year now.
[01:17:20] Speaker 2: Okay. See that? Yeah.
[01:17:24] Speaker 1: And then on the next page, page 2 of Peoples 206, he asks you are you living with her? This is again November, November 12th of 2016.
[01:17:39] Speaker 2: Okay.
[01:17:41] Speaker 1: Remember that?
[01:17:43] Speaker 2: No, but I took your word for it.
[01:17:45] Speaker 1: And then he asked you to send a picture, right?
[01:17:48] Speaker 2: I don't remember.
[01:17:56] Speaker 1: Pick. You see that?
[01:17:57] Speaker 2: Yeah, I do.
[01:18:00] Speaker 1: I think what he meant is send me a pick, but he said she me a pick, and then you said this. Right?
[01:18:08] Speaker 2: Yeah.
[01:18:09] Speaker 1: That's what LA Fitness.
[01:18:10] Speaker 2: It is.
[01:18:11] Speaker 1: Okay. And then on the next page, in response to Ron's question, not living with her. Not yet. Right? So again, you told your friends Micah Spence and Ron Ray that you and the defendant were going to be living together soon. Right?
[01:18:45] Speaker 2: Yes.
[01:18:46] Speaker 1: So at that point in time, you and the defendant in November of 2016, before the murder of Fabio Sementili, you and the defendant were already making plans to live together. Correct?
[01:19:00] Speaker 2: Just me.
[01:19:01] Speaker 1: Just you. So how were you able to tell Spence that it was probably going to happen in three months?
[01:19:10] Speaker 5: That's how I
[01:19:11] Speaker 4: give it. A rule.
[01:19:14] Speaker 2: Even if I did accomplish this thing in January, there's no way we can get together and do this in three months. It's just bravado. That's just bravado guy talk. That's all that was.
[01:19:26] Speaker ?: I'm going to show you
[01:19:28] Speaker 1: again from 158 Officer Davis's PowerPoint. You recognize this number down here, 213-266. Okay. And you had a few different Samsungs, right? Yes. You had an S4.
[01:19:49] Speaker 2: What is that?
[01:19:50] Speaker 1: A Samsung S4.
[01:19:52] Speaker 2: Okay. Yes. I think so.
[01:19:55] Speaker 1: You had a Samsung S6.
[01:19:56] Speaker 2: Yes.
[01:19:57] Speaker 1: You had a Samsung S8.
[01:19:59] Speaker 2: Yes.
[01:20:00] Speaker 1: And Al Birdsong gave you one of his Samsungs, correct?
[01:20:05] Speaker 2: Yes.
[01:20:05] Speaker 1: That you had in your phone as Al, right?
[01:20:10] Speaker 2: Okay.
[01:20:10] Speaker 1: That you took and used, right? Yes. That's a 702 number. I believe it ends in 2325.
[01:20:16] Speaker 2: I don't remember the number, but I remember the phone.
[01:20:18] Speaker 1: I remember it. So does that sound
[01:20:20] Speaker 2: like the
[01:20:21] Speaker 1: number to you?
[01:20:23] Speaker 4: Yes. This thing.
[01:20:24] Speaker 1: Looking at this document here, which is page 61 of Officer Davis's PowerPoint, do you see what's shown here?
[01:20:35] Speaker 2: It says WhatsApp registration after murder.
[01:20:38] Speaker 1: Yeah. Do you see that?
[01:20:40] Speaker 2: I do.
[01:20:41] Speaker 1: See the date?
[01:20:42] Speaker 2: Uh, 23rd.
[01:20:44] Speaker 1: Yeah, you're a military guy. What time is that?
[01:20:46] Speaker 2: It's 11.40. 11.40. The night. Oh, yeah, I see it. I see it.
[01:20:55] Speaker 1: So that's the night of the murder, 11.40 at night, you registered for WhatsApp.
[01:20:59] Speaker 2: I remember. I see that. I didn't even know that.
[01:21:08] Speaker 1: So is that just a coincidence that you and Monica deleted Viber from your cell phones prior to the murder or on January 23rd and then that night at 11.40, you registered for WhatsApp?
[01:21:26] Speaker 2: Just in case she might text me.
[01:21:28] Speaker 1: So it's just a coincidence?
[01:21:30] Speaker 2: No, you're just going to text me because I know she used WhatsApp a lot. I knew that she used that a lot.
[01:21:36] Speaker 1: Well, let me show you something else. What if I were to tell you that Monica didn't register for WhatsApp until January 27th?
[01:21:54] Speaker 2: I swear she used that app a lot more. Long time ago. I don't remember. I'm telling you, I don't remember. But I know she used it an awful lot, WhatsApp, because she was telling me about using it from Canada with her family.
[01:22:16] Speaker 1: This is page 62 from Officer Davis's PowerPoint that's contained on the flash drive that we've marked as Exhibit 158. You recognize this phone number here at the bottom? That ends in 4213?
[01:22:30] Speaker 2: I can barely remember, but it's familiar. It's familiar.
[01:22:33] Speaker 1: Whose phone number is that?
[01:22:34] Speaker 2: I'm assuming it's hers. Who? Monica's.
[01:22:37] Speaker 1: Right. Remember that?
[01:22:38] Speaker 2: I'm assuming it is, yeah.
[01:22:39] Speaker 1: You're assuming?
[01:22:40] Speaker 2: Yeah, I don't remember offhand anymore.
[01:22:42] Speaker 1: Well, let's assume you're correct. Do you see here the registration?
[01:22:47] Speaker 2: I do.
[01:22:47] Speaker 1: And what does it show?
[01:22:49] Speaker 2: 8 in the morning on the 27th.
[01:23:07] Speaker 1: Now, you told Mr. Levine yesterday that you and Monica talked about her getting a divorce. Remember that?
[01:23:27] Speaker 2: Yes.
[01:23:28] Speaker 1: And you said you could tell she wouldn't.
[01:23:32] Speaker 2: Yeah, just everything that I read says it wasn't going to happen.
[01:23:37] Speaker 1: Because you have really good instincts, right?
[01:23:40] Speaker 2: You told us
[01:23:42] Speaker 1: you're really smart, right?
[01:23:44] Speaker 2: Most of the time.
[01:23:45] Speaker 1: And so you had conversations with her about it.
[01:23:50] Speaker 2: We had a few.
[01:23:53] Speaker 1: Okay. And you could tell based on your intuition or whatever you want to call it that she wasn't going to get a divorce.
[01:24:01] Speaker 2: That was my feeling.
[01:24:02] Speaker 1: And you also talked about her family and why she couldn't get a divorce, right?
[01:24:09] Speaker 2: You mean we or me?
[01:24:11] Speaker 1: The two of you.
[01:24:13] Speaker 2: We touched upon it, yeah.
[01:24:15] Speaker 1: And you talked about the fact that her family loved Fabio, right?
[01:24:22] Speaker 2: Yep.
[01:24:23] Speaker 1: And that her family would never accept you.
[01:24:28] Speaker 2: That she did say.
[01:24:29] Speaker 1: Okay. And that you had been introduced to her mother, right?
[01:24:36] Speaker 2: Yes.
[01:24:37] Speaker 1: And you had been introduced to her sister.
[01:24:41] Speaker 2: Yes.
[01:24:42] Speaker 1: When was the first time you think you were introduced to her sister?
[01:24:47] Speaker 2: I believe it was on a racquetball court in L.A. Fitness.
[01:24:50] Speaker 1: When?
[01:24:50] Speaker 2: I don't know the dates. I don't know the dates.
[01:24:52] Speaker 1: Do you remember today, this morning, when Mr. Levine asked you if something happened during the holidays of 2016 that led you to make a final determination that you were going to murder Fabio Sementili?
[01:25:12] Speaker 2: Yes.
[01:25:13] Speaker 1: Do you remember saying that it was cemented in your head at that point in time that you were alone for several weeks during the holidays and into the new year?
[01:25:27] Speaker 2: I was without her, yes.
[01:25:29] Speaker 1: So you didn't see her at all for several weeks? And that upset you?
[01:25:34] Speaker 2: Long story short, yes. Sporetics.
[01:25:38] Speaker 1: Would it be correct that because there were so many weeks during that holiday season that you didn't see Monica and that that upset you that you decided that you had had enough, that you wanted her for yourself?
[01:25:59] Speaker 2: That and a little bit more.
[01:26:00] Speaker 1: What else?
[01:26:02] Speaker 2: Well, I kind of like was always worried about him a little bit because I just didn't want him showing up at my door one day because I heard he was kind of possessive. so that was a second reason. That may be an issue and he was a kind of a connected guy and well known and well liked. I just want him showing up one day at my and who knows. So that was another issue that I had.
[01:26:30] Speaker 1: Well, he had never been convicted of any kind of crimes crimes, right?
[01:26:33] Speaker 2: No, not that I know of, no.
[01:26:35] Speaker 1: I mean, we're talking about a guy, I'm sure Monica told you, that was beloved by everyone that met him.
[01:26:44] Speaker 2: I didn't know too much about him. I just,
[01:26:46] Speaker 1: really?
[01:26:46] Speaker 2: No, I really didn't know that much about him.
[01:26:48] Speaker ?: Didn't you
[01:26:48] Speaker 1: tell law enforcement when you were arrested on this case, Detective Gable, Detective Tellis, that Fabio was a famous guy and you wouldn't have done anything to get in the way of that.
[01:27:06] Speaker 2: That was after this happened. I found out how famous he was after it happened. I didn't know beforehand.
[01:27:11] Speaker 1: So before
[01:27:12] Speaker 4: during the
[01:27:18] Speaker 1: entire year that you and Monica were engaged in this very, can I use the word obsessive? Would that be a fair word?
[01:27:30] Speaker 2: No.
[01:27:31] Speaker 1: No?
[01:27:31] Speaker 2: No.
[01:27:32] Speaker 1: So would it be true that the two of you would regularly send pictures of each other to one another?
[01:27:45] Speaker 5: Yeah.
[01:27:46] Speaker 1: Okay. Used as we talked about an encrypted app where you communicated as you're aware thousands and thousands of times back and forth?
[01:27:59] Speaker 2: I don't know about the count. I don't know about the count.
[01:28:02] Speaker 1: Do you remember in Van Nuys when you were initially arrested on this case appearing in court on a couple of occasions in Van Nuys before you were indicted and the case was sent downtown?
[01:28:20] Speaker 2: I remember being in Van Nuys many times because of this case.
[01:28:23] Speaker 1: Okay. And do you remember Mr. Levine in any of those overhears that were played for you where you and Monica talked about the number of communications between the two of you with respect to what are referred to as overt acts in the charging document in this case regarding the conspiracy count?
[01:28:48] Speaker 2: I have no idea what you're talking about.
[01:28:53] Speaker 1: I'm going to show you what's been marked as People's 255 page 2 Cy Ray's chart showing the communications between October of 2015 and June 14th the day of the arrest. 16,000. 462 communications between you and the defendant.
[01:29:24] Speaker ?: Wow.
[01:29:24] Speaker 2: I didn't know that.
[01:29:25] Speaker 1: Yeah. It's a huge number, right?
[01:29:28] Speaker 2: Yeah.
[01:29:29] Speaker 1: Okay. You sent her over 11,000 text messages. See that?
[01:29:40] Speaker 5: Yeah, I do. I do.
[01:29:41] Speaker 1: The defendant sent you 4,800 messages. See that?
[01:29:47] Speaker 4: Yes.
[01:29:48] Speaker 1: Called you 400 times. See that?
[01:29:54] Speaker 2: I do.
[01:29:56] Speaker 1: See the total of messages between the two of you?
[01:29:59] Speaker 2: Yeah, I do.
[01:30:00] Speaker 1: Almost 16,000 messages and 577 calls?
[01:30:06] Speaker 2: Yeah, that's a large number.
[01:30:08] Speaker 1: So would it be safe to say when I use the word obsessive that that would be a fair characterization?
[01:30:15] Speaker 2: I guess to the normal person it would, but to me it felt normal, felt good.
[01:30:22] Speaker 1: So, you're saying that you were worried about Fabio because he was possessive. That's what you thought, right?
[01:30:33] Speaker 5: Yeah.
[01:30:34] Speaker 1: And you wanted Monica to yourself, so you murdered her husband.
[01:30:42] Speaker 2: Yeah, it sounds crazy, but yeah.
[01:30:44] Speaker 1: And yet, based on what we're looking at here, you also knew that even if you killed Fabio, she still was going to have two kids, right?
[01:30:56] Speaker 2: True.
[01:30:57] Speaker 1: Were you planning on getting rid of them as well?
[01:30:59] Speaker 2: No.
[01:31:00] Speaker 1: So you knew then that her time would still to some degree be taken up with her kids, right?
[01:31:13] Speaker 2: Yes, yes.
[01:31:14] Speaker 1: So that wouldn't solve your problem, right?
[01:31:19] Speaker 2: It would solve the problem because there was a little more to it.
[01:31:23] Speaker 1: Well, she told you that her family was never going to accept you, right?
[01:31:28] Speaker 2: True then, very true.
[01:31:30] Speaker 1: Yet, when you asked her to marry you, she said yes, right? Yes. Family be damned, right?
[01:31:40] Speaker 2: Yeah.
[01:31:44] Speaker 1: And didn't you tell your cellmate when you were arrested as well as Paula McCollum that you got to see the defendant pretty much whenever you wanted to?
[01:32:00] Speaker 2: My cellmate? Didn't you
[01:32:05] Speaker 1: say that? That it really wasn't an issue because you got to see Monica whenever you wanted?
[01:32:11] Speaker 2: My cell? Oh, my roommate, you mean?
[01:32:15] Speaker 1: In your cell when you were arrested on June 14th. Remember telling Monica that you knew at some point after that your cellmate was probably an undercover? Remember that?
[01:32:28] Speaker 2: Yeah, I think so. I think so. All right, I'm just trying to make sure I'm trying to keep up with you.
[01:32:32] Speaker ?: Do you remember
[01:32:32] Speaker 1: telling people that you saw plenty of Monica?
[01:32:38] Speaker 2: Yeah, yeah.
[01:32:42] Speaker 1: And during the holidays, you said you didn't see her for several weeks, 2016 into 2017.
[01:32:48] Speaker 2: No, I said it was sporadic. I said it was sporadic.
[01:32:51] Speaker 1: No, I think you told us that it cemented the idea to murder Fabio during the holiday season of 2016 through New Year's because she was with her family, and so you didn't get to see her at all for several weeks. Remember that?
[01:33:05] Speaker 2: It was because she was with him for a period of time, and I didn't see her a lot.
[01:33:11] Speaker 1: Okay. So now you just didn't see her a lot, but you did see her some then during the holidays.
[01:33:15] Speaker 2: I don't know. It's been a long time, but I know why my head was the way it was, because I didn't see her. I do know that. I just don't have a count.
[01:33:24] Speaker 1: What if I were to tell you that her sister told yesterday that she and Monica and all the kids came to LA Fitness? They saw you. In fact, they played racquetball with you.
[01:33:38] Speaker 2: That's different.
[01:33:39] Speaker 1: Several days in a row.
[01:33:40] Speaker 2: That's different.
[01:33:42] Speaker 1: Okay. So you did see Monica during the holidays, right?
[01:33:47] Speaker 2: I'm assuming so. If she says that's what happened, that's what happened.
[01:33:50] Speaker 1: And you were in constant communication with her over the holidays, right?
[01:33:55] Speaker 2: Yes.
[01:34:02] Speaker 1: And when Monica left after you murdered Fabio to go to Toronto for the various funeral services, the cremation, the church services, during that time period while she was in Toronto, you were still in communication with her, weren't you?
[01:34:25] Speaker 2: I believe so.
[01:34:27] Speaker 1: In fact, during that week, February 3rd through February 6th, isn't it true that she sent you numerous photographs of herself?
[01:34:37] Speaker 2: I don't know. I don't know.
[01:34:38] Speaker 1: So if I were to tell you that she sent you numerous photographs of herself while she was masturbating and posing naked, showing off her private parts and that she sent these to you during that week, does that refresh your recollection?
[01:35:00] Speaker 2: Not really.
[01:35:02] Speaker 1: But it wouldn't be unusual, right?
[01:35:05] Speaker 2: For sent pictures?
[01:35:06] Speaker 1: Yeah.
[01:35:07] Speaker 2: No.
[01:35:07] Speaker 1: Even when she's burying or allegedly burying.
[01:35:10] Speaker 2: I don't know about the dates, so I'm just going to go by your word. I have no idea.
[01:35:18] Speaker 1: But that for you wouldn't have been unusual?
[01:35:20] Speaker 2: For her to send pictures? No.
[01:35:22] Speaker 1: During that period of time?
[01:35:26] Speaker 2: Her sending pictures? No.
[01:35:28] Speaker 1: Those kinds of pictures, sir?
[01:35:30] Speaker 2: Any kind of pictures.
[01:35:31] Speaker 1: So you don't think there's a distinction between a time when you're allegedly grieving and time when you're trying to be flirty or sexy or whatever you want to think?
[01:35:50] Speaker 2: I'm trying to figure out the question in here somewhere.
[01:35:55] Speaker 4: You don't
[01:35:57] Speaker 1: think there's a difference? You don't think when someone's grieving the last thing on their mind is
[01:36:02] Speaker 4: sticking their
[01:36:03] Speaker 1: finger in their vagina while they're
[01:36:05] Speaker 4: arguing she sent
[01:36:08] Speaker 1: you photographs of her penetrating herself with her wedding ring on her finger while she was in Toronto?
[01:36:16] Speaker 2: I don't know. I don't know. I really don't know because I'm not looking at the pictures and I'm not looking at the dates so I can't tell you. I don't have a photographic memory like that.
[01:36:23] Speaker 1: Let me tell you these people all heard about that yesterday. So if I were to tell you that that evidence was presented yesterday and this jury heard about that yesterday we'll assume it's true for the sake of my question okay? Do you think that that would have been something that you would expect was normal in your relationship with the defendant?
[01:36:47] Speaker 2: Everybody agrees differently.
[01:36:49] Speaker 1: Sure. Okay. Now didn't Monica also tell you that her friends also would never accept you?
[01:37:06] Speaker 2: She did.
[01:37:07] Speaker 1: And did that include the woman that you referred to as Busy Body Debbie?
[01:37:12] Speaker 2: Never met her but I heard about her.
[01:37:14] Speaker 1: Oh you did meet her though?
[01:37:15] Speaker 2: I don't remember her.
[01:37:17] Speaker 1: So after the murder on the date of January 29th so six days after the murder do you remember going up to Victorville?
[01:37:32] Speaker 2: I remember going probably through Victorville.
[01:37:35] Speaker 1: Do you remember going to a T-Mobile store in Victorville?
[01:37:38] Speaker 2: Yes I do.
[01:37:40] Speaker 1: And what was the purpose on January 29th of going to Victorville?
[01:37:47] Speaker 2: To stop in get some food and pick up phones.
[01:37:53] Speaker 1: What kind of phones?
[01:37:55] Speaker 2: Cell phones.
[01:37:57] Speaker 1: How many?
[01:37:59] Speaker 2: Two or three.
[01:38:02] Speaker 1: For what purpose?
[01:38:04] Speaker 2: To keep and communicate with whoever I need to talk to.
[01:38:07] Speaker 1: Okay. And so when you told us that you would always have an extra phone would you agree that those are burner phones?
[01:38:19] Speaker 2: Yeah. Yeah.
[01:38:21] Speaker 1: So when you went and bought these two or three phones up in Victorville did you register those phones under your name?
[01:38:31] Speaker 2: No it's a burner phone.
[01:38:33] Speaker 1: So what does that mean?
[01:38:34] Speaker 2: It means it's not in my name it's just made up person.
[01:38:38] Speaker 1: So you made up a person?
[01:38:40] Speaker 2: Yes.
[01:38:41] Speaker 1: And so what name did you register these two or three phones under?
[01:38:45] Speaker 2: I don't remember. I just picked a name.
[01:38:47] Speaker 1: Like what? Give us an idea.
[01:38:49] Speaker 2: John Smith.
[01:38:51] Speaker 1: How about Daniel Jones?
[01:38:52] Speaker 2: Like I said I don't remember. I told you that.
[01:38:54] Speaker 1: Okay. Does that sound familiar?
[01:38:57] Speaker 2: Probably.
[01:38:58] Speaker 1: And when you get a burner phone what's the point?
[01:39:01] Speaker 2: To have a phone where if anybody's looking at you they can't find you they can't trace you.
[01:39:10] Speaker 1: And what did you do with those phones?
[01:39:14] Speaker 2: I planned on using them.
[01:39:16] Speaker 1: To communicate with who?
[01:39:20] Speaker 2: Anybody who I wanted to stay away from this whole thing with. Because I figured they're going to be listening on my phone eventually so I'm going to use this phone to stay offline.
[01:39:29] Speaker 1: Well there were more than one you just said.
[01:39:31] Speaker 2: Yes.
[01:39:32] Speaker 1: So you're going to use multiple phones?
[01:39:35] Speaker 2: Yes.
[01:39:36] Speaker 1: And how were you going to communicate with Monica after the murder?
[01:39:43] Speaker 2: Oh after the murder? Well. We're talking
[01:39:46] Speaker 1: about January 29th when you went up to Victorville and you bought more than one burner phone.
[01:39:52] Speaker 2: Just in case I opened up some type of communication with her if I can even communicate with her. I just wanted an extra phone just in case so I can talk to her if she is even able to talk to me.
[01:40:03] Speaker 1: So what do you mean?
[01:40:06] Speaker 2: I don't know. What do you mean? What do I mean?
[01:40:07] Speaker 1: Well did you give one of those phones to her?
[01:40:10] Speaker 2: Eventually.
[01:40:12] Speaker 1: How about that night?
[01:40:13] Speaker 2: I don't know. I'm telling you this is eight years ago. I don't remember all this stuff. You have all the info in front of you.
[01:40:18] Speaker 1: So you went up to Victorville as we said on January 29th and you purchased some burner phones under fake names correct?
[01:40:25] Speaker 2: Yes.
[01:40:26] Speaker 1: And then later did you come back to the Los Angeles area that night?
[01:40:31] Speaker 2: I think so.
[01:40:32] Speaker 1: And do you remember going to the wake after the funeral service at Monica's house?
[01:40:47] Speaker 2: Was it that same day? I don't know. I remember going to some kind of get together for the family.
[01:40:56] Speaker 1: And you were the only one there that wasn't family or close friends of Fabio, right?
[01:41:00] Speaker 2: No, there was other people who came with me.
[01:41:02] Speaker 1: Who?
[01:41:06] Speaker 2: Ricky, I said this before.
[01:41:08] Speaker 1: Yeah, that was a different night, sir.
[01:41:10] Speaker 2: Really? I don't remember going to that house that day. I only went there once.
[01:41:15] Speaker 1: Okay. You remember going one evening with after racquetball, coming to the gym, saying that you weren't working there anymore? And then you and Matt were going over and you tried to get Sheila and Ricky to go with you over to the house?
[01:41:32] Speaker 2: That's the same day.
[01:41:34] Speaker 1: Yeah, what if I told you it wasn't?
[01:41:36] Speaker 2: That means my memory is really gone, because I really thought it was the same day.
[01:41:42] Speaker 1: Okay. So the night that you came back from Victorville, do you remember going to the memorial get-together at the Sementilly home?
[01:41:55] Speaker 2: That's the same day, right? That's what I'm thinking it was. It's got to be the same day.
[01:41:59] Speaker 1: Okay, let's say it wasn't. Do you remember going to the memorial at the Sementilly home?
[01:42:04] Speaker 2: I remember going to something where there was a gathering of the family.
[01:42:08] Speaker 1: I remember that. Friends of Fabio?
[01:42:10] Speaker 2: Yes.
[01:42:11] Speaker 1: And you weren't either?
[01:42:12] Speaker 2: Say that one more time.
[01:42:13] Speaker 1: You were not either. You weren't friends with Fabio? Oh, no,
[01:42:20] Speaker 4: no.
[01:42:21] Speaker 1: You weren't family? No. Okay. And that night, did Monica's mom tell you you should leave?
[01:42:30] Speaker 2: She did after, yeah, she did after a while, but I wasn't alone on that.
[01:42:38] Speaker 1: showing you People's 46. You recall this night?
[01:42:48] Speaker 2: That's the same night we've been talking about. Yeah, that's the same night we've been talking about, that one to the house.
[01:42:58] Speaker 1: See the bandage on your left index finger?
[01:43:02] Speaker 2: I do.
[01:43:03] Speaker 1: That was related to the murder, right?
[01:43:06] Speaker 2: That was related to the hit and the murder.
[01:43:09] Speaker 1: The murder?
[01:43:10] Speaker 2: The hit and the murder, the racquetball hit and the murder.
[01:43:13] Speaker 1: And the murder?
[01:43:15] Speaker 2: Huh?
[01:43:16] Speaker 1: And the murder you said?
[01:43:17] Speaker 4: I'm sorry? It's overruled. It's overruled. Yes.
[01:43:21] Speaker 1: The knife that you used, what kind of knife did you use to stab Fabio cementally in the neck?
[01:43:29] Speaker 2: It was some kind of hunting knife.
[01:43:31] Speaker 1: Some kind?
[01:43:32] Speaker 2: Some kind. I don't know the name of it.
[01:43:35] Speaker 1: How long was the blade?
[01:43:38] Speaker 2: Maybe eight inches maybe.
[01:43:43] Speaker 1: An eight inch blade, bless you. Yes?
[01:43:47] Speaker 2: I'm guessing I didn't measure it.
[01:43:49] Speaker 1: Well, you were in the military. You can approximate, right? You know the difference between various types of knives, right?
[01:43:56] Speaker 2: Sometimes.
[01:43:58] Speaker 4: I didn't
[01:44:00] Speaker 2: measure it, so I don't know. It was kind of a big knife.
[01:44:02] Speaker 1: Okay. Big knife?
[01:44:04] Speaker 2: Kind of, yeah.
[01:44:06] Speaker 1: Folding knife?
[01:44:07] Speaker 2: No.
[01:44:08] Speaker 1: Fixed blade?
[01:44:09] Speaker 2: Yes.
[01:44:09] Speaker 1: Hilt?
[01:44:10] Speaker 2: Yes.
[01:44:11] Speaker 1: If there was a hilt, you wouldn't have cut yourself, right?
[01:44:14] Speaker 5: Injection calls for confusion speculation.
[01:44:16] Speaker 4: It's all a rule.
[01:44:17] Speaker 1: What's the point of that, having a hilt on a knife?
[01:44:23] Speaker 2: For me? Yeah. To keep you from getting cut.
[01:44:28] Speaker 1: Right.
[01:44:28] Speaker 2: And to get a better grip.
[01:44:30] Speaker 1: Right. Okay. Because your hand won't slide when it gets bloody and slippery, right?
[01:44:35] Speaker 2: Yes.
[01:44:36] Speaker 1: This knife didn't have a hilt, right?
[01:44:38] Speaker 2: Which knife? The knife
[01:44:40] Speaker 1: you used to murder Fabio Cementilli.
[01:44:42] Speaker 2: Oh, I thought you were talking about a different knife now. What
[01:44:45] Speaker 1: other knife would we talk about, sir?
[01:44:48] Speaker 2: I don't know.
[01:44:49] Speaker 1: We're here to talk about what you did, right? Yeah, I'm
[01:44:52] Speaker 2: trying to help, I'm trying to get to the end of this thing, so yeah, let's continue this on, let's continue. So I don't remember if it had a guilt or not, I just remember it was a bigger knife. I'm not, I didn't study it.
[01:45:05] Speaker 1: Showing you people's 45.
[01:45:09] Speaker 6: Recognize this?
[01:45:11] Speaker 2: I recognize me and her.
[01:45:13] Speaker 1: Sitting together?
[01:45:15] Speaker 2: Yeah.
[01:45:16] Speaker 1: Right next to where Fabio was slaughtered?
[01:45:20] Speaker 2: okay, I'm listening.
[01:45:26] Speaker 1: Is that right?
[01:45:27] Speaker 2: I see myself in Monica.
[01:45:30] Speaker 1: Is that the same area?
[01:45:32] Speaker 2: It's the same patio.
[01:45:35] Speaker 1: Is it actually sitting right next to where you slaughtered Fabio Sementili?
[01:45:42] Speaker 2: Where I killed him? Yes.
[01:45:50] Speaker 1: That night when you came back from Victorville, did you give Monica one of the two burner phones?
[01:45:59] Speaker 2: No.
[01:46:00] Speaker 1: You did not?
[01:46:01] Speaker 2: I did not.
[01:46:03] Speaker 1: Okay. When did you see her next after January 29th?
[01:46:09] Speaker 2: It was later, way later.
[01:46:12] Speaker 1: How much later? I don't
[01:46:13] Speaker 2: remember. Maybe two weeks, three weeks, two weeks, I don't know. It was some time. Weeks? I'm guessing. It felt like weeks. Felt like weeks.
[01:46:25] Speaker 6: Showing you Peoples 218. Do you recognize what you see here?
[01:46:36] Speaker 1: First page.
[01:46:40] Speaker 2: Looks like an account information.
[01:46:43] Speaker 1: January 29th?
[01:46:44] Speaker 2: Yeah.
[01:46:45] Speaker 1: The name Daniel Jones.
[01:46:46] Speaker 2: Okay.
[01:46:48] Speaker 1: The ZTE flip phone.
[01:46:50] Speaker 2: Okay.
[01:46:51] Speaker 1: Remember purchasing a ZTE flip phone as one of the burner phones?
[01:46:55] Speaker 2: Flip phone. I don't remember this model.
[01:46:57] Speaker 1: I'm sorry?
[01:46:58] Speaker 2: I said it was a flip phone. I don't remember the model. I don't remember all these details. You got all this information in front of you. I don't.
[01:47:04] Speaker 1: Well, you asked for it because you said if you saw it, you might be able to remember, so I'm showing it to you. So showing you now people's 150. Do you see the ZTE flip phone?
[01:47:12] Speaker 2: I see a flip phone.
[01:47:15] Speaker 1: Yeah. Is that the one you purchased?
[01:47:16] Speaker 2: I don't know. I'm assuming it is, but I don't know if it's that one.
[01:47:24] Speaker 1: Do you recall giving this name and this fake address, Panama City, California?
[01:47:30] Speaker 2: I probably did. I just don't remember the information, but I probably did.
[01:47:35] Speaker 1: showing you the second page on that same date of January 29th. A second phone, same address, same fake name, this time an LG stylus phone. Is that the other phone you purchased?
[01:47:51] Speaker 2: Probably.
[01:47:53] Speaker 1: If I were to tell you, this is a photograph, page 3 of People's 218. of the LG stylus, does that look familiar to you?
[01:48:11] Speaker 2: It could have been the same one. I mean, it could have been the same style of phone. It probably was.
[01:48:15] Speaker 1: But you're saying you didn't give Monica the phone, the CTE flip phone that we see here in People's 150, right?
[01:48:29] Speaker 2: Correct.
[01:48:30] Speaker 1: So do you know how she was able to get it to take with her to Canada
[01:48:36] Speaker 6: two days later?
[01:48:42] Speaker 2: Was it two days later? It can't be that soon.
[01:48:48] Speaker 1: So I know you said you couldn't remember. It's fair. It's been a lot of years. You wanted to see photos. You wanted to see documents. I've shown you photos. I've shown you documents. Does this refresh your recollection that you went to the wake that night in order to give the defendant this burner phone?
[01:49:07] Speaker 2: No. I didn't give her anything that day. So how did she
[01:49:12] Speaker 1: get it to take with her to Canada two days later? Because you said you didn't see her after this night for weeks and weeks.
[01:49:19] Speaker 2: Something's wrong here. Something's wrong. No, at the wake or whatever that was, I didn't give her anything. And I remember leaving to go back to Vegas for a while, but I didn't leave a phone.
[01:49:38] Speaker 1: You said you bought it for her though, right? You said you bought a burner phone. Well,
[01:49:42] Speaker 2: I bought it intending to give it to her eventually somehow, but it wasn't, I cannot remember. I really can't remember. I really can't remember.
[01:49:58] Speaker ?: I
[01:49:59] Speaker 2: really can't remember.
[01:50:03] Speaker 1: You recognize this phone though, right?
[01:50:09] Speaker 2: I know I got a phone. I don't know if it's that phone or not, but I know I did get a phone.
[01:50:14] Speaker 1: And then you recall when you and Monica were in custody talking to each other about the ZTE flip phone. Remember that?
[01:50:24] Speaker 2: No, I don't. I don't remember.
[01:50:28] Speaker 1: You don't remember talking and trying to get your story straight as to her saying that she happened to find this phone in her garage just before she went to Toronto in June of 2017, which would have been
[01:50:41] Speaker 2: There's a question in there somewhere. I'm just waiting for it.
[01:50:46] Speaker 1: I'm counting in my head and I'm bad at math. Four and a half months later?
[01:50:59] Speaker 2: As far as the conversations, I don't remember the conversations. I don't.
[01:51:04] Speaker 1: Well, we heard you on tape last week talking about the ZTE or the flip phone and her telling the police that she found it in the garage. Does that refresh your recollection at all?
[01:51:18] Speaker 2: No, it really doesn't.
[01:51:20] Speaker 1: All right.
[01:51:22] Speaker 4: Castle, let me interrupt you. We'll take our adjournment this time for the weekend. We will have an XB session Monday at 9 a.m. The admonition applies as always. Today's pie day, whether it's banana, chocolate, or sausage and pepperoni. Have a good pie day.
[01:51:48] Speaker ?: Thank you.