Skip to main content

tv   [untitled]    July 22, 2012 8:00pm-8:30pm PDT

8:00 pm
the police regarding what your husband did on december 31? >> to call the police was never my idea. i was not thinking to calling the police. >> i asked you a little different question. the question is, did you have concerns about what would happen if you called the police? >> how i already said to call the police was not my idea. i was not thinking of that and call the police so i couldn't be thinking what could happen if i call the police. >> did that issue come up in your conversation with ms. madison on january 4, calling the police? >> of course, that was -- is why she was calling me. her plan was to convince me to call the police and she brought all these new plans about the police. >> i move to strike as nonresponsive and speculative. >> repeat your question. chairperson hur: can i have the
8:01 pm
question back, please? [the court reporter read the question back] chairperson hur: and the answer, too? [the court reporter read the answer back] chairperson hur: strike everything after "of course." >> now, as of january 4, did you have any knowledge about what happens in the state of california in somebody calls the police about a domestic violence incident? >> no. >> and did ms. madison offer to try to find out for you what would happen if somebody were to call in a domestic violence complaint to the police?
8:02 pm
>> when she brought the idea to call the police and was not my idea, i was asking questions like, why, what could happen, of course, yes, i was asking questions. but your question was? >> did ms. madison. >> did she offer? yes, the answer is yes. >> thank you. >> i want to finish -- yes, she offered to help me and she offered to looking for all the information as a lawyer. >> ok. >> i finish. >> now, in your declaration, you describe a conversation with ivory madison in which she comes up with a plan to have phil
8:03 pm
bronstein call the chief of police and district attorney to have a meeting at her house. >> yes. >> and one of the things you write in your declaration and by the way, would you like to have a copy of your declaration right now? >> this is the portion they objected to and we agreed to accept the objection. chairperson hur: is that true, mr. keith? >> yes, paragraph 12, line. >> not the next part i'm going to ask about. >> lines 10 through 12 and they objected and we accepted the objection. chairperson hur: i thought paragraph 12 was stricken completely. >> i'm giving her her declaration to ask about paragraph 13, a portion that was not stricken.
8:04 pm
chairperson hur: i think you can show her her declaration. is there an objection to showing her the declaration? >> no. >> i just want to the make it available so the witness has it. chairperson hur: that's fine. >> so, in paragraph 13 of your declaration, you wrote, and this is in reference to the january 4 conversation, "i asked ivory questions trying to show her that her plan was maybe good for a comic book but not for real life." do you see that? >> yes. >> on january 4, did you actually reference a comic book? >> yes, and also i said a movie. i said, comic book and i said this is not a movie, because she
8:05 pm
was offering, you can move here, i have friends that they have rich friends, they have empty house and they will love to let you live there, and you remember clearly saying, ok, that's good for a comic book or for a movie but i'm not going to put myself or theo in that situation. >> now, you were at ms. madison's home for about an hour on the morning of january 4. >> uh-huh, yes. >> and during the time that you were at ms. madison's home on the morning of the 4th, did your phone ring, your cell phone? >> yes. >> and was it a call from your husband? >> yes. >> and did you answer that call? >> no. >> did he leave a voice mail message? >> i don't remember.
8:06 pm
>> now. >> maybe he did. he always leave messages. >> ok. do you remember whether he left a message for you that morning? >> where are you? hi, dear, where are you? something like that. >> ms. lopez, i want to step back and make sure that -- i don't want to know what your husband usually -- whether he usually leaves. >> i'm sure that message was, hi, sweetheart, where are you? >> do you recall for a fact that the message your husband left for you on the morning of january 4 was "hi, sweetheart, how are you?" >> yes, because this is how we call each other. we always say, hi, dear. >> so you're positive that was the content of the voice mail message he left you? >> yes. >> now, you were here -- let me
8:07 pm
step back for a moment. you watched the testimony that linnette peralta haynes gave last night from a different room, is that correct? >> part of that, part of that. >> about what time did you start watching miscellaneous peralta peraltaa -- ms. peralta haines testimony last night? >> we came to that room. we were trying to connect, maybe that took 20 minutes, then we were like talking and then that took another 10 minutes and then i went down maybe 5:30. she start to testify at 5:00, right? >> i just want to know your recollection, ms. lopez, of when you started. >> when everything start. >> i just want to know your recollection of what time you started watching ms. peralta
8:08 pm
haynes' testimony? >> i don't know. >> how long did you watch her testimony? >> until the break. >> did you watch her testimony after the break? >> i come back downstairs at some point and maybe i saw the final part, and just before the commissioners, i couldn't hear the commissioners asking the questions. >> did anybody describe to you the content of ms. peralta haynes' testimony? >> describe the content? >> yes. >> i read her declaration online. >> i mean, her testimony before the commission last night, did anybody tell you about it? did anybody tell you what she said? >> no, i was trying to looking for that but in my ipad, i cannot see it. >> ok. now, there's an exhibit that's already in the record and i'm not going to ask you to look at it. it shows three text messages that you sent to linnette peralta haynes at 10:55 and
8:09 pm
10:56 a.m. on the morning of january 4. do you still have those text messages on your phone? >> no. >> when did you -- do you still have the phone that you had at that time? >> no. >> ok. did you get a new phone? >> yes. >> about when did you do that? >> i think it's each year you can with at&t, you can upgrade your cell phone. and i think that happened exactly in january and i upgrade my cell phone because if you don't do that, you have to wait another year. >> so you got a new phone in january? >> yes. well, i'm not sure was january or february. >> did you hear how linnette peralta haynes -- did you hear linnette peralta haynes' testimony last night about what those text messages said?
8:10 pm
>> the first three ones, are you talking about the first three ones? yes. >> ok. what were those text messages about that you sent to linnette peralta haynes? >> i do not remember exactly but after ivory told me all this about you can accuse him of domestic violence, that was phil brownstein did with sharon stone so he got the custody and she brought all this about the police and she also brought this person, she want to bring all this persons at her home and i was asking all that questions and she she was repeating you have to accuse him of domestic violence. >> ms. lopez, i'm going to have to stop you now. >> is why i called her. >> i know it's traditional to wait until the witness finishes
8:11 pm
answering to move to strike but i don't want to take all night to do this. chairperson hur: let's hold on one second. can i have the question back, please? [the court reporter read the question back] chairperson hur: overruled, counsel. you asked for this. >> you can continue, ms. lopez. >> so she brought all this new whole world about domestic violence that i do not have idea about and she brought all this new world about to call the police and she brought all this new world about accusing ross of domestic violence, so that is the right way, so, to get custody. she was giving me legal advice how to get custody of theo. so the only person i know is
8:12 pm
domestic violence advocate is linnette, so i told ivory -- i actually was trying to leave ivory's home for maybe half an hour but she was -- we have to do it, we have do it, we have to do it. the only way i could escape from her house was say, ok, i have to call my dad, really. i have an appointment, i have to call him and when i came back home, i call linnit and i said, what do you think about this? first, i call her first, she didn't answer. so i text her, this is the situation, this happened, i have a person telling me this, i want your opinion about this. >> had you ever spoken to linnette peralta haynes before this date about the details of your marriage with your husband? >> no, never. >> and then you had a call with linnette peralta haynes a little later that morning around 11:18,
8:13 pm
do you recall that? >> yes. >> and what did you talk about in that call with ms. peralta haynes? >> i told her i was talking with my lawyer and her plan was accuse ross of domestic violence, and i want to hear from her if she considered this domestic violence, and my principal concern was about if we end in a divorce, i will gain custody. it's not that i will gain custody, it's just that i don't want to allows theo. i don't want someone kicking me out of the country and take my son. as thousands of latin americans have gone through in these years and that was my principal
8:14 pm
concern and i call and i talk with her about that. also i remember she said we have a case now of an immigrant that she doesn't have any papers and they are in a dispute and she brought all this information, i was asking for information. >> from linnette peralta haynes? >> yes. >> and did you tell linnette peralta haynes about -- or did you discuss calling the police with her? >> no. i told her that my lawyer want to do that and she wants to accuse ross of domestic violence, and i want to hear her opinion about that. >> what was. >> and she considered that domestic violence. >> what was ms. peralta haynes' opinion of that advice that you
8:15 pm
should call the police? >> i think she said everything was confidential. >> linnette peralta haynes told you everything that you said to your lawyer was confidential? >> yes. >> >> ok. >> she told me i am an advocate of domestic violence and everything we are going to talk is confidential. and then i said, well, i just want your opinion about this situation. >> what else did lynnette peralta haynes talk about with regard to calling the police in that telephone call? >> i think i was very clear with lynnette that i -- well, you know, actually, if i recall , we didn't talk about the
8:16 pm
police. i mentioned that my lawyer was thinking about that. and i didn't expect she act by herself. >> i'm sorry, i didn't -- >> i didn't expect that my lawyer would -- could act by herself and call the police by herself. >> on her own? >> yes. i thought that was my decision if i really want to make this a big deal, that was not my intention, i think. >> is that something you told mishaynes in the phone call you had with her? >> no. i amex plaining about her, i was not talking about call the police because i was asking her if this says domestic violence and what she thinks about all this. >> so ms. lopez, i really want to get at what you said to ms. peralta haynes and what she said to you, not the many things that may have happened in the background that led to one person saying something. ok.
8:17 pm
>> uh-huh. you want me to repeat it for you? how much time we have? >> no, i'm going to -- are you ready for my question? >> yes. >> hold on one second. i'm noticing you because you're in the front row, ms. canny." we're really trying to get through this testimony. we're trying to pay attention. i really do not want to hear you or frankly, anybody have disruptions when these questions are being asked, to please help us here. >> so ms. lopez, did you tell ms. peralta haynes your lawyer was thinking about calling the police to report the december 31 incident with your husband? >> no. i didn't say that. >> so you never asked her any advice with regard to that possibility of your lawyer calling the police?
8:18 pm
>> what i told her my lawyer is suggesting, her plan is. her plan is like her advice, i thought that was her advice, no, actually her plan was accuse ross of domestic violence. >> ok. so you told ms. peralta haynes your lawyer was advising you to accuse your husband of domestic violence? >> uh-huh. >> yes? >> yes. >> what was ms. peralta haynes' response to that. >> i think she was asking me questions about if i was afraid of ross, how was the incident. and i told her actually is that what i was looking for is for therapy. and i asked her for a therapist. for counseling. because actually, i think that is the first step that when you
8:19 pm
go through a problem, you look for a professional that can help you. >> did ms. peralta haynes say anything to you about what she thought of your lawyer's advice to call the police in that telephone call? >> actually, i remember that our conversation was more about what kind of counseling and if i was feeling safe and which ones could be my next step about looking for counseling, for therapy. and actually, i think i was -- we were talking about she was looking for family counseling. >> ms. lopez, i'm going to interrupt you here. i think this process is going to be faster for you and more efficient for us if you listen carefully for us and answer the
8:20 pm
he -- the question. i understand there are things you may want to see and like i said, the sheriff's council will have a chance to question you but you need to answer the questions and if you would help in that regard, i would appreciate it. >> i will be shorter. >> in fact, if i could have the court reporter read back the question. [the court reporter read back the question] >> did ms. peralta haynes say anything about what she said to call the police in that telephone call? >> no. >> now, ms. lopez, i'm going to ask you to look at another exhibit.
8:21 pm
it's an exhibit that's already been marked, i'll bring you a copy. it's a sect exhibit that's exilingtsed exhibit 8 0 and is a single message for you to look at. for the benefit of the commission and counsel, this is exhibit 8 0 and is a text message of january 4, 2012 at 1203 p.m. and also reflected on exhibit 8 3 if the commission wants to go to that. but i've got the copy of the actual text message from exhibit 8 0. it's a text message from sheriff mirkarimi to ms. lopez, january 4, 2012 at 12:03 p.m.
8:22 pm
>> you see the text message on the bottom there below the date, january 4, 2012, 12:03 p.m.? >> yes. is that you? >> that text message from your husband to you reads, left you a v.m. but didn't hear back. >> a voice message. >> you understand the v.m. to mean voice message. >> voice message. >> earlier you testified that the -- you testified about the content of the message that your husband left you. does seeing this change your testimony at all? >> no. it's completely consistent. >> ok. >> he said he left a voice
8:23 pm
message and he said he left? >> i'm sorry, ms. lopez, earlier you testified about the content of the voicemail your husband left you along the lines of hello, sweetie, where are you, how are you? >> yes. after seeing this portion of exhibit 8 0 i just put in front of you, is that still your recollection of what the voicemail message was your husband sent you? >> of course. >> he left a voice message to me and i didn't respond. >> so ms. lopez, i'm now going to show you another exhibit that's in evidence, it's exhibit 5 7, another text message. and for the benefit of the commission, this is a text message, that's also shown on exhibit 8 3, text message of january 4, 2012, 12:24 p.m. from ms. lopez to ms. madison.
8:24 pm
i can bring you a copy. >> thank you. >> so ms. lopez, this text message, is this a text message you sent to ms. madison? >> yes. >> it reads, hello, ivory, i'm not going to call the police. i'm going to open a record with my doctor. why did you send that text message at 12:24 p.m.? >> i was -- after i left ivory, i talked with linnette. i talked with my dad, i think,
8:25 pm
and then i was doing all these things at home, and i totally forgot to go back to ivory. so she -- she text me at 11:45 that she finished her calls. and turns out my call, i told her -- that she had an appointment at 12:30 or something like that, by phone. and then i remember i didn't get back to ivory. so i said i just want to let her know i'm not going to call the police. >> and that's after you spoke with your father and ms. peralta haynes? >> yes. >> did you speak with ms. peralta haynes before your father that day? >> i do not remember.
8:26 pm
>> did you definitely speak with your father that morning? >> i actually, i think i did. in your declaration at paragraph 13, you write that you sponleded to ivory, and i'm quoting, very briefly and not as nicely as usual because i realized ivory was calling ross' enemies against my wishes. what brought you to the realization that as of 12-24 on the fourth ms. madison was calling your husband's enemies against your wishes? >> in our conversation on january 4 when she was trying to convince me to call the police, and she said, we can bring district attorney here,
8:27 pm
phil brownstein, the chief of poce, she also mentioned pamela harris an also mentioned gavin newsom as her friends and someone who is going to help to do everything against ross. and also she was repeating in our conversation in january 4 and why i was -- the only way i could get out of her house, was saying i have to call my dad is because she was telling me, screw him. at that moment, actually, i didn't know what that means. but looks to me so suspicious that she knowing how hard we were working, even me campaigning with ross without any money, she was calling
8:28 pm
ross' political enemies. and everyone knows, even me, that i was not really involved, i was helping just giving papers and telling the people vote for the sheriff, but even me, i know that gavin newsom, pamela harris, they were supporting the other candidate and they were putting a lot of money against ross. so what i'm going to think. immediately i realized i cannot draft her. and also was something that was very shock to me, when i was leaving i was in pajamas because on january 4, i was preparing theo for school and ross took theo to school and i was in pajamas when she called me. i went to her house in pajamas,
8:29 pm
i love to be in pajamas, by the way. and she told me, don't -- and she told me that in front of eight persons. don't take a shower, don't make up, don't do anything, look that -- and that was another new word for me that day, disshoveled as you can. ok, go to talk with your daddy, that was the only way i could left her house. don't do anything. >> ms. lopez, i'm going to actually stop you. this is not an answer -- >> sorry. >> to the question. mr. keith, please proceed. >> ms. lopez, earlier you mentioned that ms. madison was advising you to call the police? >> that was that i told linnette. >> ok. but then your declaration you say you realized she was actually calling your husband's po