SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF VENTURA
COURTROOM 26 HON. JAMES P. CLONINGER, JUDGE
THE PEOPLE OF THE STATE OF )) CALIFORNIA,
Plaintiff,
))))))))
vs. No. 2002026651
CARLO PARLANTI,
Defendant. ))
REPORTER'S TRANSCRIPT OF PROCEEDINGS
TUESDAY, DECEMBER 13, 2006
APPEARANCES:
For the Plaintiff: GREGORY TOTTEN District Attorney BY: GILBERT ROMERO Deputy District Attorney 800 South Victoria Avenue Ventura, California 93009
For the Defendant: BAMIEH & ERICKSON Attorneys at Law BY: RON BAMIEH Attorney at Law 121 N. Fir Ventura, California 93001
ERIKA SJOQUIST, CSR 12350 Official Reporter 800 South Victoria Avenue Room 313 Ventura, California 93009
I N D E X PEOPLE'S WITNESS DIRECT CROSS REDIRECT RECROSS
REBECCA WHITE SARAH CAMPBELL LANCE YOUNG (402) LANCE YOUNG SANDRA LAVAGNINO (402) SANDRA LAVAGNINO
5 66 122 40 45 50,53,54 51,53,55 57 59 63 64 168 169 170 156 173
DEFENDANT'S WITNESS DIRECT CROSS REDIRECT RECROSS
DANA ANDERSON 2 3
--o0o--
EXHIBITS EXHIBITS FIRST REFERENCE RECEIVED
Defense FF 24 25 Defense GG 25 Defense HH 26 26 Defense JJ 26 26 Defense II 26 26 People's 51 89 People's 52 89
VENTURA, CALIFORNIA; TUESDAY, DECEMBER 13, 2005
A.M. SESSION --oOo--
(Jurors enter courtroom.)
THE BAILIFF: Remain seated. Come to order please. Court is in session.
THE COURT: Good morning, folks. Welcome back.
THE JURY: Good morning.
THE COURT: We are back on the record in the matter of People versus Parlanti. We have all jurors, both counsel and the defendant. And we need our witness.
MR. BAMIEH: Your Honor, Mr. Romero and I have talked. He's allowing me to call a witness out of order based on her availability at this time. With the Court's permission, I would like to call Ms. Dana Anderson.
THE CLERK: Do you solemnly swear that the testimony you're about to give in the cause now pending before this court will be the truth, the whole truth, and nothing but the truth, so help you God?
THE WITNESS: Yes.
THE CLERK: Please be seated at the witness stand. Please state and spell your full name for the record.
THE WITNESS: Dana Anderson; D-A-N-A A-N-D-E-R-S-O-N.
THE COURT: Thank you. You may inquire.
MR. BAMIEH: Thank you.
DANA ANDERSON, having been called as a witness by the defendant, was examined and testified as follows:
DIRECT EXAMINATION
BY MR. BAMIEH:
Q Ms. Anderson, you are here under subpoena; is that correct?
A. Correct. Q In 2002, in the summer of 2002, where did you work?
A. T.G.I. Friday's. Q What was your job there?
A. I was a senior general manager. Q What T.G.I. Friday's did you work for?
A. I worked -- I ran two stores. I ran Oxnard and Thousand Oaks.
Q In approximately early July of 2002, do you remember delivering a purse back to a house in Westlake Village?
A. Yes. Q I should say apartment.
A. Yes.
Q And the purse that you delivered, do you remember -- did you walk up to the door? Did you somebody meet you to pick up the purse?
A. To the best of my recollection, I walked up to the
door. Q And when you walked up to the door, did a woman
answer the door that you returned the purse to?
A. Yes.
Q At that time, to the best of your memory, did you notice anything unusual about that woman?
A. No, I did not. Q Nothing that stands out in your mind whatsoever?
A. No.
Q Okay. Now, if somebody asked you for --if somebody appeared distressed, looked beaten up and asked you for help, would that be something that would stand out in your memory?
A. Yes. Q Did that occur?
A. No. MR. BAMIEH: Thank you. I have no further questions. THE COURT: Cross-examination. MR. ROMERO: Yes, your Honor.
CROSS EXAMINATION
BY MR. ROMERO:
Q Ms. Anderson, when you spoke to this woman at the door, do you remember what she looked like?
A. No. Q Do you remember if she was wearing sun glasses?
A. No. Q You have no recollection whatsoever?
A. No, I don't. Q How long were you at that department?
A. At the apartment? Q Yeah, to return the purse.
A. I would have just run in and out. Q So maybe a minute?
A. Probably.
Q And you don't remember any specifics about that conversation?
A. Nothing out of the ordinary.
Q Do you remember approximately what time of day it was when you went?
A. I was working 85 hours a week. I don't know.
Mostly days; I would assume in the afternoon. I don't know. Q You don't recall?
A. No. Q Do you --is it fair to say you were in a hurry?
A. It was just dropping off a purse. It wasn't social. Q And you had never been there before?
A. No. Q Do you remember a male being there?
A. No. Q Did you go inside the apartment?
A. No. MR. ROMERO: No further questions, your Honor. THE COURT: Redirect. MR. BAMIEH: No, thank you, your Honor. THE COURT: Any reason why this witness should not be
excused? MR. BAMIEH: Not by the defense, your Honor.
MR. ROMERO: Not by the People. THE COURT: Ms. Anderson, thank you for your time. You're excused as a witness. You may step down.
Are we resuming now with witness White? MR. ROMERO: We are, your Honor. THE COURT: For the record, Ms. White is back on the
stand. I'll remind you, ma'am, you are still under oath. You can resume your examination, Mr. Bamieh.
MR. BAMIEH: Yes.
REBECCA WHITE, having been previously called as a witness by the People, was examined and testified as follows:
CONTINUED CROSS EXAMINATION
BY MR. BAMIEH:
Q Ms. White, you testified earlier in this case about calling for your daughter's purse; do you remember that testimony?
A. Yes. Q And you called T.G.I. Friday's; is that correct?
A. Yes.
Q And a manager from -- or a person from T.G.I. Friday's, a woman, came to your door to deliver the purse; is that correct?
A. Yes.
Q Approximately what date, to the best of your memory, did that occur on?
A. Best that I can remember, I believe it was a Tuesday.
Q A Tuesday, so that would be the second of July, ma'am?
A. Yes.
Q And on that day, on the second of July, when that manager came, did you answer the door?
A. Yes, I believe I did. Q And you were face to face with this woman?
A. Yes.
Q Now, prior to her coming over, did you know that she was on her way?
A. I --I don't believe I did. Q You don't believe you did?
A. I really don't remember.
Q And when you opened the door, how close in physical proximity were you to her?
A. We were face to face. Q Within how many feet, approximately?
A. Two feet. Q Okay. MR. BAMIEH: With the Court's permission, may I approach
the witness?
THE COURT: Not for this purpose; it's unnecessary.
Q (By Mr. Bamieh) When you say two feet, ma'am, you
were looking right at her, eyes to eyes?
A. Yes.
Q Do you remember what she looks like, as you think back on it today -- what she looked like, I should say?
A. No.
Q Now, did you tell her that you had fallen and broken your ribs?
A. I believe I just told her I had been in an accident. I really don't remember.
Q Now, yesterday, you talked about the --you thought that the phone was tapped or had a recording device on it; correct?
A. Yes. Q And when you e-mailed detective -- or not e-mailed, I apologize.
When you faxed Detective Reilly, you made a comment in that fax that you thought the fax was being recorded also.
A. The fax was connected into the computer as well as
the phones. Q Okay. And you believe the fax was also; correct?
A. I know it was. There was no fax machine. It was
connected into the computer. Q Where did you fax Detective Reilly from?
A. Uhm... I believe it was from my daughter's workplace. That's not correct. I believe I went to the police station.
Q Excuse me?
A. I think I went to the police station. Q You faxed from your police station up in Monterey?
A. I believe -- I think so, yes. Q Now, yesterday -- MR. BAMIEH: May I approach, your Honor? THE COURT: Yes. Q (By Mr. Bamieh) Showing you what's been marked as
O, yesterday I showed you that exhibit, ma'am. Do you remember that?
A. Yes.
Q And that exhibit, just so it's clear to everybody, is the one that's an e-mail and it's addressed to a Grisley, and it's asking, "Are you okay?" --
A. Yes. Q -- basically?
A. Yes.
Q And you, if I understood your testimony correctly, you didn't believe that you sent such an e-mail?
A. Sir, at that time, I was very depressed, very hurt. MR. BAMIEH: Objection. Nonresponsive, your Honor. THE COURT: Sustained. Q (By Mr. Bamieh) Ma'am, at that time, you do not
think you sent such an e-mail?
A. I do not have a recollection of sending it, no.
Q Do you have a recollection of inquiring of Mr. Parlanti's friends if he was okay?
A. Yes.
Q And you did that quite frequently, didn't you, ma'am?
A. I don't remember. I may have.
Q And ma'am, isn't it true that the sentiment that's expressed in the e-mail, that was a sentiment that you possessed at that time; is that correct?
A. I still loved him, yes.
Q So you were inquiring from people about whether he was okay or not?
A. Yes.
Q And you were interested in what he was doing; isn't that correct?
A. I was trying to find him, yes.
Q So, showing you P -- showing you P, in that e-mail, that's a sentiment also you possessed, that you wanted to know if he was working in the United States?
A. I was trying to find him.
Q Isn't it true that you wanted to know if he was working in the United States at that time?
A. Yes.
Q So when you said you don't know if those are your e-mail, you're not saying you didn't know if this is what you wanted or these are not the beliefs you held, you're saying you just don't know if you wrote that specific e-mail; is that correct?
A. Ask me that again.
Q Sure. Yesterday, when you testified that you didn't write these e-mails, if I understood your testimony correctly; did I?
A. I don't remember writing them. Q Okay. This --the sentiments that are expressed in
that e-mail, for instance in P where you say, "Is Carlo working in the USA," that was something you were interested in at that time, correct?
A. I was trying to find him, yes. Q Okay. So, you did express that interest at that
time; correct? MR. ROMERO: Objection. Asked and answered. THE COURT: Sustained. Q (By Mr. Bamieh) So, your dispute as to the e-mail
in your memory is not what's the content of the e-mail, it's whether or not you wrote it; correct? MR. ROMERO: Objection. Argumentative. Calls for
speculation. THE COURT: Sustained on the second ground. Q (By Mr. Bamieh) Ma'am, at the time you wrote the
e-mail or -- I'm sorry, at the time of this e-mail, which is dated September 9, 2002, you had an interest in knowing where Mr. Parlanti was working; correct?
A. I was trying to find him, yes.
Q So, you did have an interest in knowing where Mr. Parlanti was working; correct?
A. Yes. I was trying to find him.
Q And this e-mail here, N, an e-mail to Rebecca saying --expressing that you wanted Carlo to run, that they filed charges, tell Carlo to run, that was a sentiment you had at that time; isn't that correct?
A. I'm not understanding what you are asking. Q Sure. This is how you felt at the time, around this
time, August 30th. You felt that they filed charges, you wanted Carlo to run?
A. No. Q That's not true?
A. That's not how I felt. Q Okay. And you would not express that belief to anybody? MR. ROMERO: Objection. Argumentative. Calls for
speculation.
THE COURT: Sustained on the second ground.
Q (By Mr. Bamieh) Do you remember expressing that
belief to Brian Whitney?
A. No, sir, I don't remember.
Q Now, you testified yesterday that the e-mails that you gave to Mr. Romero's office, you said Dave Williams, those e-mails you knew were true and accurate?
A. Yes.
Q Because you knew you had created those e-mails yourself?
A. Yes. MR. BAMIEH: Mr. Romero, I'm going to approach with 611,
614 and 549.
Approach the witness, your Honor?
THE COURT: Yes.
Q (By Mr. Bamieh) First of all, let me ask you to
look at F again, please. F was the e-mail --is purported to be an e-mail from yourself to Mr. Whitney, and it was the one in which you disputed that you wrote the line about packing a
gun and you wrote the line, "I gave him three weeks to make it right, but he did not feel he did anything to me." Is that -- remember that e-mail?
A. Yes.
Q And if your testimony -- if I remember your testimony correctly yesterday, it was your testimony that you don't believe you wrote those two lines?
A. I don't remember writing them, no, sir.
Q You said you thought those lines were actually added into the e-mail?
A. Because I don't remember writing them, sir.
Q Do you remember yesterday saying those lines were edited into the e-mail?
A. Yes.
Q I'm showing you what's been now marked as U. Ma'am, isn't it true U is one of the e-mails you gave to Mr. Romero's office?
A. How would I know that, sir?
Q Well, yesterday -- isn't it true that you knew that you did not give that e-mail to Mr. Romero's office? F?
A. Yes.
Q Well, I guess the same way you knew that that wasn't the one you gave to Mr. Romero's office, you would know this one was one that you did?
A. Yes. I see the difference now.
Q So, ma'am, isn't it true that's one of the e-mails, what I'm showing you in U is one of the e-mails you gave to Mr. Romero's office?
A. Yes, I did.
Q One of the e-mails you said you wrote and knew they were truthful and accurate?
A. Yes.
Q And isn't it true in that e-mail, it's the virtual replica of F, word for word? And just so I'm clear, ma'am, when I say word for word, I mean that the content of the e-mail is word for word the same.
THE COURT: Mr. Bamieh, what I want you to do when you pose a question to the witness and the witness is in the middle of answering the question, either withdraw the question or allow the witness to answer. Don't pose multiple questions at the same time.
MR. BAMIEH: Let me withdraw the question, ma'am, with the court's permission.
Q (By Mr. Bamieh) Ma'am, the e-mail that I just handed you in U, it's word for word, the content, not the headings, just the content, word for word the same as it is in
U. So F, basically, content is the same as U; would you agree with that, ma'am?
A. Yes.
Q And isn't it true in the e-mail, U, that you gave Mr. Romero, it's --you have the "packing a handgun" line; isn't that correct?
A. Yes.
Q And you have in the last sentence, "I gave," in U, "I gave three weeks --I gave he three weeks to make it right, but he did not feel he did anything to me. So this is the
story."
A. Yes. THE COURT: Let's go ahead. MR. BAMIEH: Thank you. Q (By Mr. Bamieh) Ma'am, I'm handing you what's been
marked as V. Sorry, let me withdraw that.
You testified earlier that the expression of the sentiment that you wanted Mr. Parlanti to run and avoid capture -- is that something, what you thought or believed in August of 02; is that correct?
A. I'm sorry. Please rephrase that.
Q You testified earlier that the sentiment, the belief, your feelings that you wanted Mr. Parlanti to run and avoid capture was not what you felt in August of '02?
A. Correct. I did not want him to be --I did not want him to run, no. I was trying to get him -- to provoke him to tell me where he was.
Q And you did not want --you wanted him to be caught, in other words?
A. Yes, I did. Q Showing you what's been marked as V. Please read V. MR. BAMIEH: 611, Mr. Romero. THE COURT: V as in Victor? MR. BAMIEH: Yes, your Honor. THE COURT: Thank you. THE WITNESS: Okay. Q (By Mr. Bamieh) Ma'am, isn't it true, in this
e-mail, you --you're e-mailing Mr. Brian Whitney?
A. Yes.
Q And this is an e-mail, once again, you provided to Mr. Romero's office; correct?
A. Yes.
Q And in this e-mail to Brian Whitney, you're expressing to Mr. Whitney that you love Carlo and you want him to be safe and for him not to come back to the USA now because he has three warrants.
A. Sir, I've told I over and over, these e-mails -- MR. BAMIEH: Objection. Nonresponsive, your Honor. THE COURT: To what, your statement? There is no
question. Q (By Mr. Bamieh) Ma'am, isn't it true that in this e-mail -- MR. BAMIEH: I withdraw the question or the statement, your Honor.
Q (By Mr. Bamieh) Isn't it true in this e-mail, ma'am, that you wrote that you love Carlo and you hope he's safe and you do not want him to come back to the USA now because he has three warrants for his arrest; correct?
A. Yes, but the reason I wrote that -- MR. BAMIEH: Objection. Nonresponsive, your Honor. MR. ROMERO: Is he asking for the whole answer to be
stricken? THE COURT: I think everything after yes; is that
correct? MR. BAMIEH: Yes. THE COURT: Everything after yes is nonresponsive. The
objection is sustained. Q (By Mr. Bamieh) Ma'am, it's your testimony that you left Mr. Parlanti; is that correct?
A. Yes.
Q Isn't it true that you've written in e-mails that he had left you and that you were devastated when he left?
A. I don't remember the e-mails, sir.
Q Do you remember expressing that sentiment, ma'am, in e-mails?
A. No, I don't.
Q Do you remember expressing sentiment in e-mails that you were upset with him for cheating on you?
A. Probably so. MR. BAMIEH: Mr. Romero, 545, 561, 549, 524; this is a
copy for you. And 515. May I approach, your Honor? THE COURT: Yes. MR. BAMIEH: Thank you. Handing X. Q (By Mr. Bamieh) Ma'am, X is an e-mail dated
September 5, 2002; correct?
A. Yes.
Q And X, you're sending an e-mail, once again, to Katia Anedda; correct?
A. Yes.
Q And this is one of the e-mails, once again, you provided Mr. Romero's office; correct?
A. Yes.
Q And in this e-mail, isn't it true that you express that you still love Carlo very much?
A. I still loved him, but that didn't have nothing to do with whether he beat me and he raped me or not.
Q Okay, ma'am. Isn't it true that in this e-mail that you expressed that you loved Carlo very much?
A. Yes, but it also says that he -- MR. BAMIEH: Objection. Nonresponsive, your Honor. THE COURT: Everything after yes is nonresponsive;
sustained.
Q (By Mr. Bamieh) After you expressed in the first line that you love him, the next thing you say is "I am angry with him. He cheated on me and lied to me about it." Is that correct?
A. Yes.
Q And the last line is, you put, "He used me and I'm very hurt. Yes, I am." Correct?
A. Yes.
THE COURT: Mr. Bamieh, just so I understand the procedure, do you have photocopies of each of the exhibits you're showing the witness?
MR. BAMIEH: Yes.
THE COURT: Is there some reason you are examining the witness from this side of the witness stand instead of giving her a copy?
MR. BAMIEH: I have a number of exhibits to hand her, your Honor.
THE COURT: What I would like you to do is give the witness a stack of documents that you're going to examine her about and take your place back at the lectern please.
MR. BAMIEH: Okay.
May I approach to hand her the exhibits, your Honor? THE COURT: Yes. MR. BAMIEH: Thank you. Q (By Mr. Bamieh) Ma'am, the top exhibit that I
handed you is defense --and it's marked DD, double dog; is that correct?
A. Yes.
Q And that's an e-mail that you sent on October 6, 2002?
A. Yes. Q And this is an e-mail, once again, to Katia Anedda?
A. Yes.
Q And in this e-mail, isn't it true -- and just referring you to the third sentence of the e-mail, ma'am -- that you wrote, "I hope he and I," referring to Mr. Parlanti and yourself, "will be friends in the end and all this mess we got our self into"?
A. Because Katia and I were friends in the beginning. MR. BAMIEH: Objection. Nonresponsive. Q (By Mr. Bamieh) Did I read that correctly, ma'am? THE COURT: Did you want a ruling on your objection? MR. BAMIEH: Yes. THE COURT: I wasn't sure the question was complete; was
it? MR. BAMIEH: Yes. THE COURT: You're asking the witness if she wrote that? MR. BAMIEH: Yes.
THE COURT: The question, ma'am, is did you write that? THE WITNESS: Yes. THE COURT: Objection is sustained; the rest of the
answer was nonresponsive.
Ms. White, that question is an example of a question that calls for a yes or no answer. The question is: Did you write that or not? It did not call for any explanation. So unless an explanation is asked for, please do not argue with the question.
Please proceed. Q (By Mr. Bamieh) Ma'am, the next exhibit you have there, it should be marked T, I believe; is that correct?
A. It's S.
Q That's fine, ma'am. Looking at the S exhibit, ma'am, that's e-mails, is it not, a series of e-mails written in August between yourself and Mr. Brian Whitney? Is that correct?
A. There's --some at the bottom it says to Carlo. Looks like it's a combination. Q Let's take them, if you don't mind, please, one at a
time. THE COURT: Let me interrupt. This is S as in Sam? MR. BAMIEH: Sam. THE COURT: Okay. And this is a multi-page exhibit? MR. BAMIEH: No. I think maybe my next question will
clarify. Q (By Mr. Bamieh) Ma'am, would you agree with me, it's a one page e-mail --one page of e-mails; would that be
correct?
A. Yes.
Q And it's the first e-mail, if you look at the very bottom, it says from Becca White; do you see that? The very bottom e-mail, under original message?
A. I'm looking at Exhibit S? Q S.
A. The very --it says number nine in the lower corner? MR. BAMIEH: May I approach, your Honor, and make sure we
are talking about the same one? THE COURT: Yes. MR. BAMIEH: I may have made a mistake. I apologize.
Yes. My copy is different than yours. Q (By Mr. Bamieh) I'll focus you right there, please. THE COURT: Is there some mix-up on the letter? MR. BAMIEH: Just my copy, not the e-mail. Let me
clarify.
Q (By Mr. Bamieh) There's a series of --on that copy of e-mails that I provided you in S, there is a bottom e-mail; is there not?
A. Yes.
Q And then above that, there's an e-mail from you to, it appears, Brian Whitney; correct?
A. Yes.
Q Okay. That e-mail, that second one from Becca White, and that one; isn't it true you asked about Carlo and asked if he's okay?
A. Yes.
Q And then Mr. Whitney responds back to you telling you he doesn't know if he's okay or not because he hasn't heard from him?
A. Correct.
Q And then you respond back to Mr. Whitney. That's on 8/10/2002; is that correct?
A. I don't see that part on this one I have. MR. BAMIEH: May I approach again, your Honor? THE COURT: Yes. THE WITNESS: Oh, okay. I'm sorry. Yes. Q (By Mr. Bamieh) And that e-mail, the first sentence
--first two sentences of that e-mail is, "I'm worried about Carlo because there is a warrant out for his arrest. I have not heard from," you wrote, "'form' him since the night of the tried arrest." Is that correct?
A. Yes. Q Ma'am, do you next have Exhibit T?
A. Yes. Q And that's the e-mail dated September 10th of 2002?
A. Yes. Q And that e-mail is from you to Katia Anedda?
A. Yes.
Q And in that e-mail, isn't it true that the last sentence of that e-mail says --well, the last line of it, I guess would be more accurate would say, "To Katia, please do not be mad at me. I love him still. I just want to know if he's okay"?
A. Yes.
Q Ma'am, do you next have next Exhibit Z?
A. Yes.
Q And that's an e-mail written on September 4, 2002; is that correct?
A. Yes. Q And it's from you?
A. Yes. Q And it's to, once again, Ms. Anedda, Katia?
A. Yes. Q And in this e-mail, you tell Ms. Anedda that Mr. Parlanti has a new girl in Mississippi and -- Just to show you where I'm reading from, go down,
please, starts off, "He has a new girl." Do you see that line?
A. Okay. Q Are you there?
A. Yes.
Q Isn't it true you wrote, "He has a new girl in Mississippi I have been talking with"?
A. Yes.
Q Okay. And in terms of Mississippi, you wrote MS, but you meant Mississippi; correct?
A. Yes. I'm sorry.
Q Showing you Exhibit, hopefully next in order will be CC?
A. Yes.
Q And CC is an e-mail from you --sorry, CC is an e-mail dated September 20, 2002?
| A. | Say that again. |
| Q | CC is an e-mail dated September 20th of 2002; |
| correct? | |
| A. | Yes. |
| Q | And in that --that's an e-mail from yourself? |
| A. | Yes. |
| Q | And that's to Mr. Parlanti's brother, Andre? |
| A. | Yes. |
| Q | In that e-mail, isn't it true that you wrote "Please |
let me know if you hear from Carlo and he is okay"?
A. Yes.
Q And you also wrote, "That is all I want to know, that he is safe and okay"; is that correct?
A. Yes. Q Do you have BB, ma'am, in front of you?
A. Yes.
Q Once again, that's an e-mail dated September 12, 2002; correct?
A. Yes. Q And that's an e-mail from yourself to Katia Anedda?
A. Yes.
Q If you look at the third sentence, ma'am -- are you there?
A. Begins with...
Q "When he walked out the door." Are you there?
A. Yes. Q Okay. Isn't it true you wrote, referring to
Mr. Parlanti, "When he walked out the door and said good-bye to me for the last time, I fell to the floor and cried knowing I would never feel him run his hand over my face again, kiss my lips or talk to me in bed with his liquid silver voice"?
Isn't it true you wrote that?
A. Yes. MR. BAMIEH: Your Honor, may I approach with some other
exhibits, please? THE COURT: Yes. MR. BAMIEH: With the Court's permission, this is a
series of pictures; may I stay up there to go through these
pictures with her briefly? THE COURT: Yes. MR. BAMIEH: Thank you. Q (By Mr. Bamieh) Ma'am, showing you some more
pictures here. First one --first one I'm showing you is FF, ma'am. You agree that's FF; correct?
A. Yes.
Q And the picture I'm showing you, do you recognize it?
A. Yes. Q And what is that a picture of, ma'am?
A. The front of the apartment complex we lived in. Q And that's the one on Truffino (sic) Canyon Road?
A. I believe so, yes.
Q And that's the way it looked, approximately, in 2002; correct?
A. Approximately, yes.
MR. BAMIEH: The --moving F, your Honor. THE COURT: Any objection to the double F? MR. ROMERO: No objection. MR. BAMIEH: Thank you. Double F. THE COURT: It's received. MR. BAMIEH: Thank you. Q (By Mr. Bamieh) Showing you double G. Ma'am, I'm
showing you double G --
A. Yes.
Q Ma'am, you would agree with me that's a picture showing your apartment window, your master bedroom window; correct?
And also the next door neighbor's apartment?
A. I'm not sure on that one. Q What are you not sure of, ma'am?
A. I don't think that's our apartment. Because we lived on the far corner, the very end.
Q And you lived on the very end of the apartment complex; correct?
A. Yes.
Q And the apartment, if I'm looking at it, ma'am, if I'm looking at the apartment complex, the apartment, if I'm looking at it from Truffino (sic) Canyon Road, would be on my far left; correct?
A. Yes.
Q And then the master bedroom would be more towards the right as you move right; is that correct?
A. Yes.
Q And just to reorient you to this picture, isn't it true that your master bedroom window would be right next to the master bedroom window of the adjoining apartment?
A. That --I don't remember it being that way. That's what I --I'm sorry. I just don't remember. Q Okay. Showing you HH and also JJ. First one I'm handing you is HH and the next one is JJ.
Do you recognize that area, that area depicted in the pictures?
A. I believe this is the laundry room hallway.
Q And would you agree with me that HH shows the hallway to the laundry room?
A. I believe so, yes. Q And JJ shows it from a different perspective?
A. Yes.
Q And you would --that would be pretty accurate, the way it looked around 2002?
A. Yes. MR. BAMIEH: Okay. Moving HH and double J. MR. ROMERO: No objection. THE COURT: They are received. Q (By Mr. Bamieh) And showing you II.
Do you recognize the railing out in front of your apartment complex?
A. Yes.
Q That's the way the railing was height-wise and things of that nature?
A. I believe so, yes.
Q Okay. Moving II. THE COURT: Mr. Romero? MR. ROMERO: No objection, your Honor. THE COURT: It's received. MR. BAMIEH: Request to publish, your Honor. THE COURT: Any objection? MR. ROMERO: No. THE COURT: That request is granted. Q (By Mr. Bamieh) Ma'am -- MR. BAMIEH: With the Court's permission, may I continue
my examination? THE COURT: Of course. MR. BAMIEH: Thank you. Q (By Mr. Bamieh) Ma'am? Ms. White?
A. Yes.
Q The --you testified earlier that you were helping Mr. Parlanti with his lawsuit against Ms. Hollingsworth; is that correct?
A. Yes.
Q You're aware at the time that Mr. Parlanti was suing Ms. Hollingsworth; isn't that correct?
A. Yes.
Q In preparing and helping him with that lawsuit, you knew of a woman named Sandra Lavagnino; isn't that correct?
A. I did not know her last name. Q Did you know her as Sandra Philips?
A. I just remember her as Sandra. Q And just so we are clear, you knew
Ms. Hollingsworth's first name is Sandra; correct?
A. Yes.
Q And you knew there was another Sandra; is that correct?
A. Yes. Q And you also knew about a Jody Haganbart (phonetic)?
A. I just knew her as Jody, yes. Q And you had e-mailed with Jody; isn't that correct?
A. One time, yes.
Q Ma'am, the --when you testified that your dad was one of the reasons why you went to the police, is it your testimony that you actually called your father and spoke to him on the phone and he made a statement to you?
A. No, I don't believe so.
Q So, it's your testimony that you never spoke to your father on the phone, and he told you that if you didn't report Mr. Parlanti, that he wouldn't support you financially; is that correct?
MR. ROMERO: Objection. Misstates testimony.
MR. BAMIEH: Your Honor, let me withdraw the question, please.
THE COURT: All right.
MR. BAMIEH: Thank you.
Q (By Mr. Bamieh) Ma'am, isn't it true that you never
spoke to your father on the phone on July 16th of 2002?
A. I don't remember if I directly spoke with him.
Q In --do you remember the e-mail I showed you yesterday that you wrote to Mr. Romero on that topic?
A. Yes.
Q Isn't it true in that e-mail you said that you did not directly speak to your father?
A. Yes.
Q And isn't it true that you wrote that e-mail the day after Mr. Romero had interviewed your father?
A. I believe so, yes.
Q Now, at the preliminary hearing, ma'am, I asked you about --do you remember me asking you about the conversation you had with your father? Or if you had a conversation with your father?
Do you remember that question at the preliminary hearing, ma'am?
A. I don't remember the question, but I'm sure you did.
Q Do you remember answering that you believed you had the conversation with your father on the 16th of July?
A. I don't remember, sir. MR. BAMIEH: Approaching with pages 54 and 55 of the
preliminary hearing transcript. May I approach, your Honor?
THE COURT: Yes.
Q (By Mr. Bamieh) Now I'm showing you pages 54 and 55
of your preliminary hearing transcript.
A. Okay. Q Looking at line 28, please tell me if I'm reading correctly.
Isn't it true that I asked question: "When did the conversation occur with your father where he told you he would not give you money unless you turned Mr. Parlanti in?"
Your answer: "I believe it was on the 16th." Isn't that what you wrote?
A. That means approximately on the 16th, yes.
Q And the preliminary hearing was on August 25th of 2002; correct? Of 2005, I'm sorry.
A. I guess so, yes.
Q Okay. And you found out after the preliminary hearing, isn't it true, that Mr. Romero contacted your father to interview; isn't that correct?
A. Yes.
Q And it was after finding out that Mr. Romero contacted your father that you e-mailed Mr. Romero and told him that you never directly spoke to your father?
A. I'm sorry. Ask me that again.
Q It was after you found out that Mr. Romero spoke to your father that you e-mailed Mr. Romero and told him you never directly spoke to your father, correct?
A. Right, because I -- MR. BAMIEH: Objection. Nonresponsive after "right." THE COURT: Sustained. Q (By Mr. Bamieh) Ma'am, isn't it true that you
e-mailed Katia Anedda and told her that you loved Carlo and wanted him back?
A. I don't remember that, sir. MR. BAMIEH: Approaching with page 59 of the preliminary
hearing transcript. May I approach, your Honor? THE COURT: Yes. Q (By Mr. Bamieh) Showing you, ma'am, page 59 of the
preliminary hearing transcript. Fifty-nine. I'm reading from lines 24 to 27.
Ma'am, isn't it true I asked at the preliminary hearing on August 25, 2005, "And the times when you e-mailed Katia, didn't you frequently tell her how much you loved Carlo and how much you wanted him back?"
And your answer was, "Yes."
Is that correct?
A. Yes.
Q Ma'am, isn't it true that you sent Mr. Parlanti e-mails asking for forgiveness for what you had done?
A. Is that a "yes" or "no" question? Q Yes.
A. Yes.
Q Ma'am, when you were living with Mr. Parlanti, isn't it true that you had access to his e-mails and his address book on his e-mail accounts?
A. Only at his request. Q Only at Mr. Parlanti's request is your testimony?
A. Yes. MR. BAMIEH: Approaching with page 499. May I approach,
your Honor?
THE COURT: Yes.
MR. BAMIEH: Handing the witness double E.
Q (By Mr. Bamieh) Ma'am, I handed you what's been
marked as double E; is that correct?
A. Yes. Q And ma'am, isn't it true that that's an e-mail from
you to Katia Anedda?
A. Yes. Q And that's an e-mail on April 17th of 2002?
A. Yes.
Q And have you had a chance to look at that e-mail, ma'am?
A. I know what it is. Q Ma'am, I'm looking at the e-mail. It's about --do
you see it's outlined on there? Is your version outlined, ma'am?
A. Yes. Q Tell me if I'm reading correctly.
Isn't it true you wrote, "He is upset with me for looking in his e-mails and reading all the e-mails from his girls"? Isn't that correct?
A. Yes.
Q Ma'am, you testified on direct examination that Mr. Parlanti put his --on the night of the 29th of June of '02, put his hand inside of your vagina. You describe it as his fist; is that correct?
A. Yes.
Q And your testimony was that once he inserted his fist into your vagina, he tried to open his hand; is that correct?
A. I believe so, yes.
Q And when you say he inserted his fist, ma'am, you mean his whole hand up to his wrist; is that correct?
A. Yes.
MR. ROMERO: Your Honor, I'm going to object. Calls for speculation. Lacks foundation. THE COURT: As to what the witness means by "fist,"
overruled. MR. ROMERO: As to her ability to perceive. THE COURT: Overruled. Q (By Mr. Bamieh) Ma'am, you describe that
Mr. Parlanti then tried to do the same thing to your anus; is that correct?
A. Yes.
Q Now, was it your testimony that he inserted his fist into your anus?
A. Not his fist. His hand.
Q When you say his hand, please describe what you mean. his entire hand? part of his hand?
A. Fingers first and his hand. Q So his entire hand; is that correct?
A. His fingers. Q Thumb included?
A. No. Q So, four fingers?
A. Yes.
Q And you testified that he tried that for a long time. Do you remember stating that, ma'am?
A. I believe so, yes.
Q Please describe what you meant by a long time. How many -- was it minutes? hours?
A. Minutes.
Q Ma'am, you testified --you testified as to the series of events that occurred on the 29th, and please --I want to ask you some questions about the bean bag chair.
Can you --can you remember the incident on the bean bag chair?
A. Yes. If you talk really slow because I have to think about what you are saying more closely.
Q When you spoke to the police officers, do you remember telling them each time you spoke to them and even wrote --wrote to them about the bean bag chair?
A. Yes. Q Do you remember doing that, ma'am?
A. Yes.
Q And when you wrote to Dr. Farber, do you remember writing to her about the bean bag chair?
A. I'm sure I did.
Q And when you wrote to Chris and Ron, Mr. Parlanti's former attorneys, do you remember telling them about the bean bag chair?
A. I probably did because it was part of the story about what he did to me.
Q Now, when you made all those statements, do you remember discussing statements Mr. Parlanti made to you while you sat on the bean bag chair?
A. I'm sorry. Ask me that again.
Q Do you remember, in describing those incidents, the incident with the bean bag chair, the one you were describing, you would provide a quote Mr. Parlanti made or quotes
Mr. Parlanti made to you while you are sitting on the bean bag chair?
A. Yes.
Q Do you remember writing to Detective Reilly that when he sat you on the bean bag chair, he told you that you were a bitch and a worthless American and he hates you and wants you out of his life?
A. Yes. Q You remember writing that to Detective Reilly?
A. Yes.
Q And do you remember writing and describing what Mr. Parlanti said to you on the bean bag chair to Dr. Farber; that Mr. Parlanti told you that you were lying to him and you were trying to make him feel bad?
A. He said many things to me when I was on the bean bag chair.
Q To Dr. Farber, isn't it true you wrote that the only thing he said to you was that Mr. Parlanti told you that you were lying to him and you were trying to make him feel bad?
A. That's not the only thing he said.
Q Once again, my question: Isn't it true that when you wrote to Dr. Farber, you wrote to her that the only thing -- the only thing you mention to her that Mr. Parlanti said to you when you were on the bean bag chair was that he -- that you were lying to him and you were trying to make him feel bad?
A. That may be the only quote I gave, yes. Q And when you first told of this incident to
Detective Reilly, when you spoke to him at the back of the car, isn't it true that the only conversation you expressed to him on the bean bag chair that occurred between you and Mr. Parlanti was your telling Mr. Parlanti that you were having trouble seeing?
A. I'm sorry, ask that again.
Q When you described this incident to Detective Reilly on the 19th of July of '02, and you got to the bean bag chair, isn't it true the quote that you gave him was that --was from you, saying to Mr. Parlanti you were having trouble seeing?
A. Yes.
Q And to Officer Fullerton on the 18th of July of '02, the only conversation --once again, referring to the bean bag chair, please, you related to Officer Fullerton on the bean bag chair -- was Mr. Parlanti telling you to shut up?
A. I'm sorry, repeat that please.
Q When you spoke to Officer Fullerton, the officer you spoke to on July 18th of '02, when you described to him the conversation on the bean bag chair that you had with Mr. Parlanti, what you described only was Mr. Parlanti telling you to shut up; isn't that correct?
A. Yes.
Q Ma'am, when you spoke to Officer Fullerton, did you make a statement to him first at the counter of the police station?
A. If I remember correctly, we went to a desk inside the sheriff's station. He discovered what exactly I was reporting and then we went into a room.
Q Okay. So the first time you gave him a statement was at a desk at the sheriff's statement?
A. I believe so, to my recollection.
Q And then you made another statement to him in a more private room; would that be correct?
A. I believe so.
Q Isn't it true that you told Officer Fullerton that when Mr. Parlanti left the apartment, that he handcuffed you, handcuffed your wrists?
A. I'm sorry, what?
Q Isn't it true that you told Officer Fullerton on July 18th of '02 that when Mr. Parlanti left the apartment that he handcuffed your wrists so you couldn't leave?
A. I don't -- I don't remember.
Q And isn't it true you told Detective Reilly that when Mr. Parlanti left the apartment, that he handcuffed your wrists so you couldn't leave?
A. I believe I did.
Q On direct examination, when you were --when you were testifying, you said the only time he handcuffed you was at night next to him; isn't that correct?
MR. BAMIEH: Let me withdraw that question, please. Q (By Mr. Bamieh) Isn't it true that after -- MR. BAMIEH: With the Court's permission. I'm sorry. THE COURT: Yes, go ahead. Q (By Mr. Bamieh) Isn't it true that after the 29th
of June of '02, that on direct examination, you said the only time Mr. Parlanti handcuffed you with the zip ties was
after -- was at night while you guys were sleeping?
A. I can't remember every single thing, sir.
Q Ma'am, isn't it true on direct examination, when you were testifying, you said after the 29th of June of '02, the only time Mr. Parlanti ever handcuffed you was at night when you guys were sleeping?
A. Yes.
Q Ma'am, it was your testimony that Mr. Parlanti, because when he pulled your hair dragging you into the office, later when you showered, clumps of your hair fell out?
A. A clump fell out, yes. Q And on direct examination, you said it was to such
an extent that it was enough to clog a drain. Do you remember saying that?
A. Yes. MR. BAMIEH: I have no further questions, your Honor. THE COURT: All right. Your estimate for redirect,
Mr. Romero? MR. ROMERO: Probably about an hour. THE COURT: All right. We will take the morning break at
this time. Twenty minutes, folks. Between now and the time you come back to court, please make sure you don't discuss this case or form or express opinions or conclusions about it.
You can step down Ms. White. I'll see you back here at 10:30, please. (Jurors exit courtroom.) (Off record - Recess.) ///
(Jurors enter courtroom.)
THE BAILIFF: Remain seated and come to order, please.
THE COURT: Back on the record in the matter of People versus Parlanti. We have all jurors, both counsel and the defendant. And we need witness White.
MR. ROMERO: Your Honor, Mr. Bamieh has allowed me to call another witness out of order for scheduling purposes.
THE COURT: All right. Let's proceed then.
MR. ROMERO: At this time, the People call Sarah Campbell.
THE CLERK: Do you solemnly swear that the testimony you're about to give in the matter now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?
THE WITNESS: Yes.
THE CLERK: You can be seated at the witness stand. Please state and spell your name for the record.
THE WITNESS: Sarah Campbell, S-A-R-A-H C-A-M-P-B-E-L-L.
THE COURT: You may inquire. /// /// /// /// /// /// /// ///
SARAH CAMPBELL, called as a witness by the People, was examined and testified as follows:
DIRECT EXAMINATION
BY MR. ROMERO:
Q Ms. Campbell, back in June and July of 2002, where did you live?
A. I can't recall the address, but it was on Triunfo
Canyon, the apartments. Sorry. Q Who did you live with?
A. Kevin Bunch. Q Was he your boyfriend at the time?
A. Yes.
Q And do you recall if your apartment with Mr. Bunch was on the first floor, second floor?
A. Second floor.
Q Do you recall any of the neighbors who lived near you?
A. Yes. I didn't know them by first name, but I remember the people that lived downstairs to us and right across the way.
Q The people who lived directly beneath you?
A. Yes. Q Man and woman?
A. Uhm-hum. Q Is that a yes?
A. Yes. Q Do you recall the man's name?
A. Uhm... I thought it was Carlos, but it's Carlo. Q Do you remember his last name?
A. Uhm... as of now, I do. Then I did not. Q How about the woman? Do you recall her name?
A. Rebecca White.
Q How long did you live in the apartment com --in the apartment above this couple?
A. Uhm... I'm not positive how long I actually lived there, but I believe Kevin was there about a year and a half. He was the one who originally was living there. I was probably living there for a good six months, but for that year and a half I was there all the time.
Q Do you recall if you were living there during the months of June and July of 2002?
A. Uhm... I believe so.
Q During the time that you were living there, do you recall hearing any noise coming from the apartment that Carlo and Ms. White shared?
A. Not that I can recall.
Q Look behind you to your left and you will see a calendar. Do you see that?
A. Yes. Q And do you see June 29th of the year 2002?
A. Yes.
Q As you sit here testifying, do you have any recollection of anything that happened on that day?
A. Not on the 29th. Q You see that it's a Saturday.
A. Yes.
Q In July of 2002, do you recall talking to any sheriffs deputies?
A. Uhm, I don't remember the dates that I did talk to them. I do remember two different occasions talking to them.
Q Do you remember one of them being after June 29, 2002?
A. Yes. Q And was the second one after or before?
A. I'm sorry? Q The second one, was it after or before?
A. The second one was probably before that.
Q Now, the time that you talked to the sheriff's deputies after June 29, 2002, do you remember what month that was?
A. I think we actually spoke in August, but it was
regarding July. Q And did they ask you questions about Ms. White?
A. Yes.
Q Now, do you remember as you sit here testifying today, do you recall seeing Ms. White after June 29, 2002?
A. Yes, I do recall seeing her on July 9th. I almost ran into her in the hallway of our laundry room.
Q On that occasion, does anything stand out in your mind regarding Ms. White?
A. Uhm, it was --she was generally a very friendly
person. Every time I saw her, she always said "hello" to me. I came out of the laundry room and the way the door opened, if it was fully opened, it would completely block the hallway. And I swung the door open because I had the laundry basket in my hand, and I almost hit her and told her I was sorry, and she didn't even look at me or acknowledge me and she just kept walking with her face down towards the trash.
Q Do you recall if you were able to see her face?
A. I don't --I wasn't able to see her face. Her hair was down, and it was in her face, and she was looking down.
Q Do you recall if she was wearing any glasses, sun glasses?
A. I don't think I would have been able to tell. I
couldn't say that she was. Q So the same for makeup?
A. Yes. I wasn't able to see her face very clearly at all.
Q I believe you testified that she was didn't acknowledge you?
A. No. Q Does this seem unusual to you?
A. Yes, especially considering I almost hit her with
the door. MR. BAMIEH: Objection. Not relevant, your Honor. THE COURT: Objection overruled. You can answer.
A. It it did seem kind of odd to me because she did always say "hello" to me and then the fact that I almost hit her, I would have expected some sort of response after.
Q (By Mr. Romero) So, before June 29, 2002, you noticed a difference in Mrs. White's demeanor?
A. Previously to June? Q Yeah. She had a different demeanor?
A. Oh, yes, yes. I'm sorry.
Q She had a different demeanor prior to June 29, 2002, than after?
A. Yes.
Q Do you remember in any encounters that you had with Ms. White after June 29, 2002, anything about the way she walked?
A. Yes. I noticed that she was walking a little oddly, sort of with a slight limp. I don't remember which side it seemed to be towards, but I do remember she was walking oddly.
Q Was she walking slow?
A. Slower, and she was favoring one side.
Q At any time after June 29, 2002, do you recall being able to see her face?
A. I cannot recall being able to see her face.
Q Do you remember having any conversations with Ms. White after June 29, 2002; yes or no?
A. No.
Q And the walking that you saw after June 29, 2002, you didn't see that before?
A. No. MR. ROMERO: No further questions, your Honor. THE COURT: Cross-examination. MR. BAMIEH: Thank you.
CROSS-EXAMINATION
BY MR. BAMIEH: Q Hello, Ms. Campbell.
A. Hello.
Q Ms. Campbell, did you refer to any documents or read anything prior to coming to court today?
A. My previous statement. Q You read a police report, didn't you?
A. Yeah. Q And Mr. Romero provided that to you?
A. Uhm... he didn't give it to me, somebody else -- Q Was it a blond woman?
A. Yes. Q Do you know if her name was Leslie Robertson?
A. Yes.
Q Was that the reason why you are able to remember the specific date of July 9th is because you read your prior statement?
A. No. Actually, I knew that at the time when I was interviewed as well because it was just a couple of days after my mom's birthday, so I happened to remember the date.
Q Your mom's birthday is the 7th?
A. The 6th.
Q When you saw Ms. White on the 9th, you saw her at the laundry room; correct?
A. Yes.
Q Is there -- the trash disposal area is also at the laundry room?
A. No. It's just past the laundry room around the back
of the building. Q And she had a trash bag in her hand that day?
A. Yes.
Q So it appeared to you she was taking out the trash, correct?
A. Yes.
Q During the time you lived in that address, you rarely saw Ms. White; isn't that true?
A. Uhm... I saw her occasionally. It wasn't --I didn't see her every day or anything.
Q Do you remember telling the police officer that you rarely see Ms. White?
A. I probably said that because I only saw her every once in a while. Q And you knew her last name, ma'am.
Did you know her last name from reading the report, the police report, or from something else?
A. No. Yes, that's where I knew. But I knew her first name from her.
Q So prior to today, you probably couldn't have come up with her last name, correct?
A. No, probably not.
Q And when you spoke to the police, do you remember telling the police that -- well, let me withdraw that question.
When you were at the laundry room and she opened the door, you said you almost hit her with the door, correct?
A. I opened the door, and I almost hit her with it, yes. Q I'm sorry. You almost hit her with the door.
I take it you were in very close proximity to her; would that be true?
A. Yes. It was a very narrow hallway. Q If you had to estimate in terms of distance, what
would be that distance estimate you would give us? How close you were to her?
A. Probably three feet away from her. She was towards
the -- like, behind the end of the door. Q Okay. MR. BAMIEH: May I approach with the exhibits, your
Honor? THE COURT: Yes. MR. BAMIEH: May I approach the witness with these? THE COURT: Yes. Q (By Mr. Bamieh) I'm showing this marked as People's
5. Do you recognize the person in this photo?
A. No.
Q Okay. You don't have any memory of this person, do you?
A. It's kind of a bad picture. No.
Q Okay, thank you. Showing you FF. Does that look familiar?
A. Uhm-hum.
Q Okay. THE COURT: Is that yes? THE WITNESS: Yes. Q (By Mr. Bamieh) That was my next question. Is that
a "yes"?
A. Yes.
Q Okay. Thank you. And this you recognize; correct?
A. Yes. That's at the apartment complex.
Q And your apartment, now if you could --I know it's a different angle, but if could you look at that picture, could see where the apartment that you shared with Mr. Bunch; is that fair?
A. Yes, it's this one right here. Q And you are pointing to the far left end?
A. Yes. Not the farthest one, but the second one. MR. BAMIEH: If you could, with the Court's permission, I would like her to hold the picture toward the jury.
Q (By Mr. Bamieh) Could you point to where you're talking about?
A. This one here (indicating). Q All right. Thank you.
And so, you're in the apartment with Mr. Bunch that you shared with him, is directly over Ms. White's apartment; correct?
A. Yes.
Q And could you hear noises going between the two apartments?
A. Uhm... honestly, I could hear noises, but we had lousy neighbors that shared a common bedroom wall to us. So...
Q Could you hear noises between the apartments?
A. Yes, we could. Q And could you hear noises below you?
A. Yes.
Q Did you ever while you were, let's say from June 29th through the 6th of July, the day before your mom's birthday, okay, did you ever hear screaming, like gut-wrenching screaming coming from Ms. White's apartment?
A. No. Q Like somebody was in complete distress and in pain?
A. No.
Q I'm showing you HH. Do you recognize where that would be?
A. Yeah. That's the hallway for the laundry room. Q And that's near where the trash bin is also?
A. It's on the back side of the building.
Q So you would walk through the hallway and then make a left to the trash bin?
A. Yes.
Q Okay. Ma'am, isn't it true that when you were within those three feet of Ms. White, when you opened that laundry room door, you saw no noticeable injuries on her face?
Isn't that correct, ma'am?
A. Yes. MR. BAMIEH: No further questions.
THE COURT: Redirect?
REDIRECT EXAMINATION
BY MR. ROMERO:
Q When you saw Ms. White at the laundry room door, I believe you testified that she was not looking directly at you, correct?
A. No. She was looking down at her --at her feet.
Q And I believe you said her hair was covering her face?
A. Yes. Q How so?
A. Because she was looking down and her hair was down -- it was down over her face.
Q Now, on June 29, 2002, according to the calendar, it was a Saturday, correct?
A. Yes.
Q Do you recall if you were at home on that Saturday night?
A. Uhm, I'm not positive. I probably was. It's where
we usually were. Q You and Mr. Bunch?
A. Yes.
Q Would you and Mr. Bunch sometimes go out on Saturday nights?
A. Uhm, not me. He would. I would not. Q So he would go out with friends?
A. Yes. Q So, can you take a look at that calendar?
A. (Witness complies.)
Q And can you look at the Saturday night for the 29th, the Saturday night of July 6th and the Saturday night of July 13th?
A. Yes.
Q As you sit here testifying, do you have any recollection as to where you were on those three consecutive Saturdays?
A. No. Q Are you testifying to the best of your ability?
A. Yes. I don't remember where.
Q And during any period of time that we have been talking about just now, the Saturday night, the 29th, the 6th and the 13th of July, you don't recall any noise coming from the apartment that Rebecca White and Mr. Parlanti shared below you?
A. Uhm... no. Q No pounding?
A. I don't recall. MR. ROMERO: No further questions, your Honor. THE COURT: Recross.
RECROSS-EXAMINATION
BY MR. BAMIEH: Q Ma'am, did you -- last time you saw Rebecca White --
have you seen Rebecca White this year?
A. No. Q Have you seen her today?
A. No.
Q And it's your testimony, as I understand it, that usually on Saturday nights you were home; is that correct?
A. Yes. MR. BAMIEH: No further questions. THE COURT: Anything else? MR. ROMERO: Just one other thing, your Honor. I would
like to have the witness circle the apartment that was hers on
FF just so it's clear. I know she pointed to it. THE COURT: Excuse me? MR. ROMERO: I'm sorry? THE COURT: The very last thing you said. MR. ROMERO: I know she pointed to it, but if we could
have her circle it. THE COURT: Isn't FF in evidence? THE CLERK: It is, your Honor. THE COURT: Is there any objection to your witness
marking a received exhibit? MR. BAMIEH: No, I have no objection? MR. ROMERO: May I approach? THE COURT: Yes.
/// /// /// ///
FURTHER REDIRECT EXAMINATION
BY MR. ROMERO:
Q I'm handing you what's been marked as FF, and you've previously pointed to your apartment; is that correct?
A. Yes.
Q With this red marker, could you please just circle which was your apartment?
A. (Witness complies.) Q And can you put your initials "SC" underneath?
A. (Witness complies.) MR. ROMERO: Thank you.
Your Honor, no further questions. THE COURT: Anything else? MR. BAMIEH: Your Honor, I do, and it's beyond the scope
of that redirect. I would ask to be able to do that. THE COURT: Any objection to reopening? MR. ROMERO: No objection, your Honor. THE COURT: Go ahead.
FURTHER RECROSS-EXAMINATION
BY MR. BAMIEH
Q Ma'am, you testified that you noticed Ms. White limping; is that correct?
A. Yes. Q And that's a vivid memory you have, correct?
A. Yes. And it was one time that I remember that
happening.
Q And you didn't need to refer to the report to remember that, did you?
A. No. Q That was fresh in your head?
A. Yes.
Q And I take it that if you saw her with a battered, bruised face, that would be something that would be vivid in your head also, correct?
A. Yes. Q And you have no memory of that, do you?
A. No. I rarely saw her. And when I did, it wasn't to sit down and chat. It was kind of... she walked by and I knew it was her.
Q So, as you sit here today, once again, you have no memory of seeing her battered or bruised face ever, do you?
A. No. MR. BAMIEH: Thank you. THE COURT: Further direct? MR. ROMERO: Yes. Just briefly, your Honor.
FURTHER REDIRECT EXAMINATION
BY MR. ROMERO:
Q When you went to see Ms. White, would she look at you face to face?
A. Yes. Q And you -- did you speak to her?
A. Yes.
Q And after June 29, 2002, she didn't look at you face to face anymore?
A. No. I never made eye contact with her again, I
don't think. Q And the time you do recall, she looked down?
A. Yes. MR. ROMERO: No further questions, your Honor. THE COURT: Anything else? MR. BAMIEH: Just briefly.
FURTHER RECROSS EXAMINATION
BY MR. BAMIEH: Q To be clear, that was a one-time occurrence?
A. Yes, the limping. MR. BAMIEH: Thank you. No further questions. MR. ROMERO: No further questions. THE COURT: Any reason why the witness should not be
excused? MR. BAMIEH: Not by the defense. MR. ROMERO: Not by the People. THE COURT: Ms. Campbell, you may step down. You are
excused. You are going to resume the examination of witness White at this time? MR. ROMERO: I believe there was one more witness who was here. Let me see if he's actually here. And if he is not, we
will go with Ms. White.
MR. ROMERO: Your Honor, at this time, the People call Lance Young.
THE COURT: While Mr. Young is being sworn in, I'll see counsel at the bench, please.
THE CLERK: Do you solemnly swear that the testimony you're about to give in the matter now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?
THE WITNESS: I do.
THE CLERK: Please be seated at the witness stand. Sir, can you please state and spell your name for the record.
THE WITNESS: Lance Young, L-A-N-C-E Y-O-U-N-G.
THE CLERK: Thank you.
THE COURT: Ladies and gentlemen, we are going to conduct some proceedings outside your presence. I'm going to ask the members of the jury to step outside in the hallway and wait until you are summoned back by the bailiff. Between now and the time you come back to court, please don't discuss the case or form or express opinions or conclusions about it.
(Jurors exit courtroom.)
THE COURT: The record will show the jurors have left the room. We will now conduct a 402 examination of witness Young concerning any fresh complaint statements that you are seeking to elicit.
Mr. Romero, you can inquire.
MR. ROMERO: Thank you.
LANCE YOUNG, having been called as a witness by the People, under Evidence Code Section 402, was examined and testified as follows:
DIRECT EXAMINATION
BY MR. ROMERO: Q Mr. Young, do you know Rebecca White?
A. Yes, sir. Q How do you know her?
A. Started out a dating relationship and then just
remained as a casual friendship. Q How long have you known her?
A. Since probably, well, somewhere in the beginning of
2001. Q And is that when you dated her?
A. Yes. Q How long did that relationship last? THE COURT: Mr. Romero, I want to get right to the
statements. The issue in this hearing is, what are the statements the witness would testify to. I don't think, unless you can tell me why these other preliminaries are needed for this hearing, I don't want to waste the jury's time in the hallway hearing all this.
MR. ROMERO: I was just trying to lay a foundation, your
Honor.
THE COURT: I don't think it's necessary. Let's move right to the subject.
Q (By Mr. Romero) Mr. Young, do you recall getting a phone call from Ms. White some time after June 29, 2002?
A. Yes, I do. Q Do you remember when that was?
A. I'm sorry, say it again. Q Do you remember when that was specifically?
A. I would have to guess it's within three weeks after. Q You don't recall the specific date?
A. No, sorry.
Q And during those phone calls, did Ms. White tell you anything that happened between her and Mr. Parlanti?
A. Yes, she did. Q What did she tell you?
A. She told me that she was held captive for three days
and raped during those three days. Q Did she say anything about any physical abuse?
A. At that time, I don't think so, at that particular phone call.
Q Did she tell you in another phone call about any physical abuse?
A. Several phone calls. Q Do you remember when they were?
A. They were prior to the --to the June, but I don't remember the dates, but I do remember they were prior to that last phone call.
Q Have you -- MR. ROMERO: No further questions, your Honor. THE COURT: Cross-examination. MR. BAMIEH: Yes.
CROSS EXAMINATION
BY MR. BAMIEH: Q Mr. Young, hello.
A. Yes, sir.
Q The conversation that you testified to, you said it was -- it was within three weeks of June 29th; is that correct?
A. Yes, sir.
Q How do you come up with that time period? How do you know it's within that range?
A. Because as far as I recall in the conversation, she had told me, I was, like, "Well, when did all this take place?"
And she was, like, "It was about two weeks ago." So I'm giving that rough estimate, two to three weeks is what she was telling me. Q Two weeks ago? How do you get to June 29th? Do you understand what I'm saying? Somebody is, you know, how do you -- Do you remember the specific date?
A. I'm not -- I am not understanding the question. Q As I understand it, you don't understand --you
don't remember the specific date of the phone call; is that correct?
A. That's correct.
Q My question then is: How do you know it was within two or three weeks of June 29th as opposed to two weeks of July 6th or July 10th?
A. Because I am assuming that was when the incident
happened -- Q Okay.
A. -- and she had told me just shortly after the incident happened.
Q Once again, why are you assuming the incident happened on June 29th?
A. Because from what I understand, that's the date that the incident did happen.
Q From what you understand? What is your understanding? From what source?
A. Just from our phone conversations. Q Who provided you the date, with June 29th, as the
incident happening? Has anybody provided you with that date?
A. With the physical date of June 29th, no. Q Nobody has?
A. No.
Q Why are you assuming that is the date that it happened on?
A. Because that's apparently what everybody is saying the date is, June 29th.
Q Okay. Then my question is: Who is everybody? Who is saying this to you?
A. Well, from my understanding, the police, when they were called, when she had talked with the police after she had talked with her friends and her parents, I was one of the persons that she called as well.
Q So, sir, the police told you it was June 29th?
A. No, sir. Not the police. I'm saying the date that the incident happened.
Q Once again, sir, please just listen to the question. Did the police tell you it was June 29th?
A. No. Q Did Ms. White tell you it was June 29th?
A. I can't say "no" and I can't say "yes." I'm not sure if she actually said the words "June 29th."
Q Did somebody in the DA's office tell you it was June 29th?
A. No.
MR. ROMERO: Your Honor, I can solve the question. We won't ask any questions regarding the fresh complaint with this witness. I think it's clear this witness does not recall the specific dates.
THE COURT: Okay. So, you are not go into the fresh complaint statements with Mr. Young?
MR. ROMERO: No, your Honor.
THE COURT: All right. Do we have any further need for
this hearing? MR. BAMIEH: No. I don't.
MR. ROMERO: No.
THE COURT: Okay. Let's bring the jurors back in and get to work.
Mr. Young, while the jurors are coming in, do you understand that the upshot of what was just said is? That the lawyers don't intend to ask you questions about those statements?
THE WITNESS: Okay.
THE COURT: So unless you are asked a direct question about them, you don't need to volunteer that information, and you should not do that. But if you are asked a direct question about it, then you can answer.
THE WITNESS: Okay.
THE COURT: Thank you.
(Jurors enter courtroom.)
THE COURT: Resuming the trial once again with the jurors. We have all of our jurors, both counsel and the defendant, our witness.
You can inquire, Mr. Romero. /// /// /// /// /// /// ///
LANCE YOUNG, called as a witness by the People, was examined and testified as follows:
DIRECT EXAMINATION
BY MR. ROMERO: Q Mr. Young, do you know Rebecca White?
A. Yes, sir. Q How long have you known her?
A. Probably going on five years now. Q Do you recall when you first met her?
A. In the beginning of 2001. Q Where did you meet her?
A. Met her at a Starbuck's in San Simeon, California. Q Is that in Northern California?
A. Yes, sir, south of San Francisco.
Q After meeting Ms. White, did you have a dating relationship with her?
A. Yes, we did. Q How long did that last?
A. I would guess approximately three, four months.
Q Did you have a friendship that lasted with her after your dating relationship ended?
A. Yes, sir.
Q And to this day, do you still keep in contact with her?
A. Yes, sir.
Q During the time you were dating Ms. White, did she
make any allegations that you struck her? MR. BAMIEH: Objection. Irrelevant, your Honor. THE COURT: Sustained. MR. ROMERO: May we approach, your Honor? I have an
offer of proof. THE COURT: Yeah. /// (Bench conference held off the record.) /// THE COURT: All right. Thank you, counsel. I'll reverse myself. The objection is overruled.
Do you recall the question, Mr. Young? THE WITNESS: Yes, I do. And the answer is no. MR. ROMERO: No further questions, your Honor. THE COURT: Cross-examination.
CROSS EXAMINATION
BY MR. BAMIEH: Q Sir, when you broke up with --when you and Ms. White eventually broke up, you ended your relationship?
A. As far as dating, yes. Q You maintain a friendship with her?
A. Yes.
Q You never told her you never wanted to see her again, did you?
A. No.
Q You never told her to get out of your life, did you?
A. No. MR. BAMIEH: No further questions. THE COURT: Anything else? MR. ROMERO: Nothing further, your Honor. THE COURT: Any reason why this witness shouldn't be
excused? MR. BAMIEH: Not by the defense, your Honor. MR. ROMERO: Not by the People. THE COURT: Mr. Young, thank you for testifying, sir.
You may step down, and you are excused as a witness from this
trial. THE WITNESS: Thank you. MR. ROMERO: At this time, the People recall Rebecca
White. THE COURT: All right. When the witness is situated on the stand, you can resume your examination. Ms. White, I'll remind you that you are still under oath.
THE WITNESS: Okay. /// /// /// /// /// /// /// ///
REBECCA WHITE, having been previously called as a witness by the People, was examined and testified as follows:
REDIRECT EXAMINATION
BY MR. ROMERO:
Q Ms. White, on cross-examination, you were asked a number of questions about letters and e-mails you sent to people after June 29, 2002.
Do you recall that?
A. Yes. Q Do you recall sending e-mails to a doctor and, I believe, it's Barbara Farber? MR. BAMIEH: Object. Misstates the evidence. I believe it was a letter, just to be clear. MR. ROMERO: I'm sorry. I'll rephrase the question, your
Honor.
THE COURT: Okay.
Q (By Mr. Romero) Do you recall sending an e-mail to a Dr. Barbara Farber?
MR. BAMIEH: I'll say --same objection.
THE COURT: Your objection is it's a letter, a written
letter, not an e-mail? MR. BAMIEH: I think it's misstating the evidence is my objection. THE COURT: And the evidence disclosed that a letter was postmarked from Oklahoma to Dr. Farber; is that correct?
MR. ROMERO: I believe it was. THE COURT: Sustained. Q (By Mr. Romero) Ms. White, do you recall sending a
letter to Dr. Farber?
A. Yes. Q And who is Dr. Farber?
A. I believe she was, like, a psychiatrist that Carlo was seeing.
Q Was Carlo Parlanti seeing this person while you were living here in Ventura County?
A. Yes. Q Did you see this therapist as well?
A. No.
Q So, why would you send Dr. Farber a letter about your relationship with Mr. Parlanti?
A. Because I wanted her to know how violent he was. Q Why would you want her to know that?
A. Because he had recently taken a psychological testing at a different office. MR. BAMIEH: Object, your Honor. Lacks foundation.
Applies hearsay. THE COURT: Lacks foundation. Sustained. Q (By Mr. Romero) Ms. White, what was your purpose in
sending Ms. Farber or Dr. Farber a letter about your
relationship with Mr. Parlanti? MR. BAMIEH: Objection. Asked and answered. THE COURT: Sustained. Q (By Mr. Romero) In sending that letter to
Dr. Farber, did you want to hurt Mr. Parlanti?
A. No.
Q You testified on cross-examination that you sent a letter to some attorneys Mr. Parlanti had, correct?
A. Yes. Q What were their names?
A. Chris and Ron. Q Did you communicate with them by e-mail or letter?
A. On a daily basis or?
Q Well, you were shown some document that had some communication between you and Chris and Ron, correct?
A. I believe that was a letter. Q Did you send them more than one letter?
A. I don't remember, but I believe I only sent them
one. Q And you sent that letter after June 29, 2002?
A. Correct. Q Why did you send them a letter?
A. I wanted them to know the truth.
Q Did you want to hurt Mr. Parlanti by sending them that letter?
A. No. I just wanted everyone to know the truth. Q Why did you want everyone to know the truth?
A. I don't understand what you are asking.
Q Why did you believe what happened between you and Mr. Parlanti was anyone else's business?
A. I don't --I'm not really sure how to answer that question. I just felt like I wanted the world to know who
this man really was, and I didn't want it to happen to anyone else.
Q Now, you testified on cross-examination that you sent e-mails to Katia after June 29th, correct?
A. Yes.
Q And in these e-mails, you talked about your relationship with Mr. Parlanti, correct?
A. Yes.
Q And you described some of the incidents on June 29th, correct?
A. Yes. Q Why would you send that information to Katia Anedda?
A. Because in the beginning, I felt like she was my friend, but also felt like he was there and I wanted to provoke her to tell where he was.
Q Do you recall communicating with anyone else who you have not testified to so far about what happened between you and Mr. Parlanti?
MR. BAMIEH: Objection. Calls for narrative. Vague. Relevancy. THE COURT: Overruled. The question is whether the witness recalls. That can be answered yes or no. Q (By Mr. Romero) Do you understand the question?
A. I'm not sure what you are asking.
Q On cross-examination, you testified that you sent a number of communications to people about your relationship with Mr. Parlanti, correct?
A. Yes.
Q Do you remember sending any other communications to anyone else that you have not testified to?
A. Yes. Q Who else did you write to?
A. Larry Jones. Q Who else?
A. There were several people. I can't remember who
they all were. Q And who was Larry Jones?
A. His probation officer in Monterey. MR. BAMIEH: Objection, your Honor. Ask to approach. THE COURT: All right.
///
(Bench conference held off the record.) ///
THE COURT: All right. Thank you, counsel. The objection to the last answer is sustained and stricken. The jurors are to disregard it. Let's proceed.
Q (By Mr. Romero) Did you write to anyone else that you recall that you haven't testified to?
A. America's Most Wanted. Q Again, why do you think these people would care about what happened between you and Mr. Parlanti? MR. BAMIEH: I object to the question under 352 and
relevancy.
THE COURT: It's overly broad. Sustained.
Q (By Mr. Romero) Ms. White, when you wrote these
letters or e-mails to these people, did you include a
rendition of the events that you testified on June 29, 2002, that were exactly the same?
A. Not always.
Q Did you have --did you have a statement printed out in your computer that you would attach to these communications with these other people?
A. No.
Q Is it fair to say that when you wrote to these other people about what happened between you and Mr. Parlanti, that they were all different?
A. Yes.
Q Now, going to June 29, 2002, you testified that when Mr. Parlanti pulled you to the front door, that he banged your head against the wall about 30 times.
Do you recall that?
A. Against the bulletin board, yes.
Q When Mr. Parlanti was banging your head against the wall, did you count them?
A. No.
Q Did Mr. Parlanti tell you before he banged your head that "I'm going to bang your head against a bulletin board 30 times"?
A. No. I'm approximating because it was so many times.
Q So, to the best of your recollection, you believe he banged your head against the wall approximately 30 times?
A. Correct. Q Could it have been less than that?
A. I doubt it.
Q To the best of your recollection, it was approximately 30 times?
A. Yes.
Q When Mr. Parlanti banged your head against the adjacent wall, you testified that it was approximately 30 times again, correct?
A. Yes.
Q Did you count each time Mr. Parlanti banged your head against the adjacent wall?
A. No.
Q Before Mr. Parlanti started banging your head against the adjacent wall, did he tell you, "I'm going to bang your head 30 times"?
A. No. Q Did he say, "I'm going to bang your head 20 times"?
A. No.
Q But to the best of your recollection, it felt like 30 times?
A. Yes.
Q Now, you testified on cross-examination and direct examination that when you were on the living room floor, Mr. Parlanti kicked you on the right side of your ribs; that it was approximately ten times, correct?
A. Yes. Q Each time that he kicked you, did you count?
A. No.
Q Did Mr. Parlanti, before kicking you, tell you, "I'm going to kick you ten times"?
A. No.
Q To the best of your recollection, did he kick you ten times?
A. During my waking times, yes. Q I'm sorry, what? I didn't hear what you said.
A. During my waking times. From my --conscious times, yes, ten times. Q Do you mean that there was times when you were
unconscious when he was kicking you? MR. BAMIEH: Objection. Calls for speculation. THE COURT: Sustained. Q (By Mr. Romero) Do you recall losing consciousness
at any point while Mr. Parlanti was kicking you?
A. Yes.
Q Do you recall coming to or coming out of unconsciousness when Mr. Parlanti was kicking you?
A. Yes.
Q When Mr. Parlanti bound you in your bedroom, did you count how many times he inserted his penis in your vagina?
A. No, sir, I did not.
Q Did Mr. Parlanti before inserting his penis in your vagina tell you, "I'm going to insert it on three different occasions"?
A. No. Q Did he say, "I'm going to insert it four times"?
A. No.
Q The entire assault that you've testified to over these last few days, beginning with you being pulled by
Mr. Parlanti out of the bedroom and into the living room area and the time that you recall falling asleep in bed next to Mr. Parlanti, how much time would you --would you estimate that that lasted?
A. Two and a half to three hours.
Q During that two-and-a-half- to three-hour ordeal, were you looking at the clock?
A. I know that it was after 9:00 when I laid down, and it was around midnight when it ended.
Q Were you --when Mr. Parlanti initially bound you, did you look at the clock and note what time it was?
A. No.
Q When Mr. Parlanti initially bound you, were you lying there trying to figure out how many times he banged your head against the wall -- against the bulletin board?
A. No.
Q When you were lying there bound, were you trying to count how many times Mr. Parlanti banged your head against the adjacent wall?
A. No.
Q And you said --when you testified that Mr. Parlanti banged your head against the wall, how close were you to the wall?
A. I'm sorry. Ask me that again.
Q When Mr. Parlanti initially banged the back of your head against the bulletin board, how close were you to that wall with the bulletin board?
A. My body was up against the wall.
Q And you testified that Mr. Parlanti had his hands, I believe, initially around your chin area, with his hands higher on your jaw than on your throat, correct?
A. Yes.
Q When Mr. Parlanti was banging your head against the wall at that time, was he bringing your body away from the wall and into the wall?
A. No. He had me pinned against the wall.
Q Is there any way you are able to approximate how far forward in relation to the wall your head came before going back against the wall or the bulletin board?
A. Approximately an inch to two inches at a time.
Q And when Mr. Parlanti was doing this against the adjacent wall, was your body coming away from the wall?
A. No, it was again pinned by his body.
Q Approximately how far did your head come from the wall before being pushed back into the wall?
A. Again, an inch to two inches each time it was brought forward.
Q And I believe you testified on direct and cross-examination that this second time against the adjacent wall, a different part of your head was hitting the wall?
A. Yes.
Q You testified that you took some photographs of the apartment before --before leaving for Monterey, correct?
A. Yes. Q And in these photographs -- MR. ROMERO: May I approach, your Honor?
THE COURT: Yes.
Q (By Mr. Romero) I believe it was marked as No. 35; can you take a look at People's No. 35? Does People's No. 35 depict the wall with the bulletin board where Mr. Parlanti was banging your head?
A. Yes.
Q Was there any damage to that wall from Mr. Parlanti banging your head?
A. No.
Q In that picture, does it depict the adjacent wall where Mr. Parlanti banged your head into the wall?
A. Yes. Q Was there any damage to that wall?
A. No.
Q Did the back of your head bleed from being banged into the walls?
A. No. Q Do you recall if -- strike that.
Now, you testified on direct and cross-examination that you went to the grocery store and you bought some wine for Mr. Parlanti, correct?
A. With Mr. Parlanti, yes. Q Yes?
A. Yes. Q And you testified that it was two liters, correct?
A. Correct. Q How many bottles was that?
A. One bottle.
Q Do you remember the make of the wine?
A. Are you asking if it was chardonnay? Q Yes.
A. Yes. Q And when you say a liter, is it -- MR. BAMIEH: Objection. Misstates the testimony. THE COURT: Overruled. Q (By Mr. Romero) When you say a liter, are you
talking about the normal size bottles you see on the shelves?
A. No. MR. BAMIEH: I'm going to object. Misstates the
testimony as to one liter.
THE COURT: Sustained.
Q (By Mr. Romero) How many bottles did you buy when
you went to the grocery store with Mr. Parlanti?
A. One. Q And you testified that it was a two-liter bottle?
A. Yes.
Q Is this the type of wine that you usually buy for Mr. Parlanti?
A. From time to time, yes. Q So you purchased this particular wine in the past?
A. Yes. Q And you believe it's two liters?
A. I know that it was two liters.
Q You've been in the grocery store many times, correct?
A. Yes.
Q And you've seen the aisles that have wine, correct?
A. Yes.
Q This bottle of wine that you purchased, is it larger than bottles you have seen in the grocery store?
A. Yes.
Q Do you know how big a normal bottle of wine is in comparison to what you purchased?
A. Yes. Q Can you describe that?
A. It's generally long and slender. And this one is a
fuller-size bottle with a skinny neck. Q Does it have a cork or screw top?
A. This one, I believe, had a screw top.
Q When you got home, you saw Mr. Parlanti consume some of that wine, correct?
A. All but one glass.
Q During your relationship with Mr. Parlanti, did he drink wine often?
A. At that time, he hadn't been. Q I'm sorry?
A. At that time, he had not been.
Q When you say "at that time," can you give me a time frame?
A. Maybe three weeks to a month, he had been dry. Q Is there a reason why he had not been drinking? MR. BAMIEH: Objection. Calls for speculation. Lacks
foundation. THE COURT: Overruled. You can answer.
THE WITNESS: He was going to AA meetings and trying to not drink.
Q (By Mr. Romero) Did you have an agreement with Mr. Parlanti that he was not going to drink?
A. Yes.
Q Prior to the three weeks before June 29, 2002, how often would Mr. Parlanti drink wine?
A. I'm sorry. Ask me that again.
Q Prior to June 29, 2002 and the few weeks that you've indicated that he had not been drinking, how often would Mr. Parlanti drink wine?
A. Nightly.
Q How much would you see him consume on an average night when he was drinking?
A. Less than a liter.
Q And I believe you testified that this particular bottle of wine that you purchased at Vons -- that you saw him drink all but a glass?
A. Yes. Q And is that when he asked you to go get more wine?
A. Yes. Q And where did you go to get more wine?
A. 7-Eleven.
Q How far away is 7-Eleven from where your apartment was?
A. Somewhere between five to ten miles. It was in
Thousand Oaks. Q Did you have to drive there?
A. Yes.
Q When you purchased the wine, what type of wine did you purchase?
A. Uhm... it was chardonnay, but I don't know the
brand. I don't remember. Q How big was that bottle of wine?
A. It was a two-liter as well. Q Do you recall what type of wine that was?
A. It was a white wine. Q Is that the only thing you purchased at 7-Eleven?
A. I believe so, yes.
Q When you returned home, you --did you open that bottle for Mr. Parlanti?
A. Yes. Q Did you pour him a glass of wine?
A. Yes.
Q Did you see Mr. Parlanti pour himself anymore glasses -- you specifically see Mr. Parlanti pour himself anymore glasses of wine from that second bottle you purchased?
A. Not until after I went to bed. I didn't see him pour it. I saw him drinking them.
Q My question to you is: Did you actually see him pour it into his glass?
A. I'm sorry. I did not.
Q Did you, after opening the bottle for Mr. Parlanti, did you see the bottle anymore that night?
A. No. Q At any time after the night of June 29, 2002, did
you see that bottle again?
A. I saw it on his desk. Q When?
A. When he was showing me the web site.
Q My question to you, Ms. White, was after June 29, 2002 --
A. I'm sorry. I'm sorry. No. Q -- did you --you need to let me finish my question.
After June 29, 2002, did you see that bottle of wine again?
A. No, sir.
Q Now, you testified that you saw the bottle of wine in the office, correct?
A. Yes. Q On his desk?
A. Yes.
Q When you saw it on his desk, were you able to see if there was any more wine in it?
A. It was less than half full.
Q And that's the last time you recall seeing that bottle of wine?
A. Yes. Q Now, you testified previously that Mr. Parlanti
drank four liters of wine. Do you recall that?
A. Yes.
Q Did you actually see him consume all of the wine in both of those two bottles?
A. I saw him consume the first two liters and at least more than half of the second one.
Q So, when you testified that he consumed four liters of wine, you assumed that he completed or you assume that he finished the second bottle?
A. Knowing him, yes.
Q Now you've --you've testified that you keep two diaries, correct?
A. Yes.
Q And the first diary, I believe, we were referring to it as Carlo's diary, correct?
A. I believe we did, yes.
Q And the second diary was your own personal diary, correct?
A. Yes.
Q And your own personal diary, you did not make any more entries after June 29, 2002, correct?
A. Correct.
Q And the diary you were keeping for Mr. Parlanti, you made some entries after June 29, 2002, correct?
A. Yes.
Q Now, what was the purpose of keeping the diary for Mr. Parlanti?
A. He was going to use it in the trial, the insurance trial against Ms. Hollingsworth.
Q Did you put anything in that diary that you thought would hurt Mr. Parlanti in that trial?
A. No.
Q Did you write anything in that diary about Mr. Parlanti being physically abusive with you?
A. Not that I ever remember, no.
Q After June 29, 2002, you continued to make entries into the diary that was supposed to help Mr. Parlanti, correct?
A. Yes. Q Why did you do that?
A. Mr. Parlanti's persistence. Q Did Mr. Parlanti ask you to make entries?
A. Yes.
Q Do you recall when you made the entries in the diary for Mr. Parlanti after June 29, 2002?
A. I cannot remember the dates. MR. ROMERO: May I approach the witness, your Honor? THE COURT: Yes. Q (By Mr. Romero) I'm going to show you what's been
marked previously as People's No. 27. MR. BAMIEH: Mr. Romero, would that be Mr. Parlanti's
diary? MR. ROMERO: Yes. MR. BAMIEH: Thank you. Q (By Mr. Romero) Is that the diary that we have been
referring to as Mr. Parlanti's diary?
A. Yes, it is.
Q Now, do you see in that diary where entries were made after --strike that.
Do you see in that diary entries made with dates
after June 29, 2002?
A. Yes, I do.
Q What are the next three entries --what are the dates after June 29, 2002?
A. June 30th, July 1st, July 2nd. Q So the next three days after June 29th, correct?
A. Yes. Q What color are all those three entries in?
A. Blue. Q Did you make those entries with the same pen?
A. Yes.
Q Did you make the entry dated June 30th, 2002, on June 30th, 2002?
A. No.
Q Did you make the entry July 2, 2002, on July 2, 2002?
A. No.
Q Did you make the entry July 1st, 2002, on July 1st, 2002?
A. No. Q When did you make those entries?
A. July the 4th. Q What are the entries you have after July 2nd, 2002?
A. July 3rd through the 8th.
Q When you say the 3rd through the 8th, you mean an entry for each day?
A. July 4th, and then it says July 5th/7th. And the last entry is July 8th.
Q Now, the entries of July 3rd and July 4th, are they written in the same color ink?
A. Part of July the 4th is, yes.
Q July 4th, that entry, did you write that entry on July 4th?
A. Part of it, yes. Q And part of it when?
A. I think part must have been written during the day
and part of it in the evening. Q Is part of it in a different color pen?
A. Yes.
Q And then you indicated you wrote in it on July 5th and you have a line July 5th through 7th, correct?
A. Yes. Q And that's one entry?
A. It's two entries with two different colors of ink. Q And then one on July 8th?
A. Yes. Q And that's one entry?
A. Yes. Q Is that the last entry in that diary?
A. Yes, it is.
Q Why did you continue to write in the diary that you had for Mr. Parlanti after June 29, 2002?
A. Because I didn't want Mr. Parlanti to know that I was going to turn him in because I was still there. I was protecting myself. And he was insistent to know why I was not writing in the diary.
Q Did you see Mr. Parlanti, after June 29, 2002, look at that diary you have?
A. He brought it to me, yes. Q And he told you to make entries in it?
A. Yes.
Q Now, do you recall testifying on cross-examination that on June 29, 2002, you left the office and went into the bedroom before Mr. Parlanti came in?
A. Yes.
Q And do you recall testifying that at that time you made the entries of June 29, 2002 in both diaries?
A. Yes. Q As you sit here testifying, did you make both those
entries --strike that. MR. ROMERO: May I approach the witness, your Honor? THE COURT: Yes. Q (By Mr. Romero) I'm going to hand you the second
diary, which has been marked as People's number 25, and ask you, in People's No. 25, to please go to the diary entry of June 29th, 2002.
A. Okay.
Q Do you have the diary open to June 29, 2002, that you kept for Mr. Parlanti? I want you to have them both open to June 29th.
A. Yes. Q Do you see they are in two different color inks?
A. Yes. Q Now, you testified that you wrote in both those
diaries before Mr. Parlanti came into the bedroom, correct?
A. Yes.
Q And you testified that you were in the bedroom for a few minutes, correct?
A. Yes.
Q Do you recall, as you sit here testifying today, when you made either one of those entries?
A. I made the entry into my personal diary that night before I went to sleep because I kept it under the mattress on my side at all times. Carlo did not know I had a personal diary.
Q When did you make the entry into the diary that you kept for Mr. Parlanti?
A. It appears I've made a mistake because the color of the ink and the positioning of the handwriting, it all matched the way I was sitting. It was all written on July the 4th, from June the 24th to July the 4th.
Q Now Ms. White, for the last several days, you have been testifying about what happened between and you Mr. Parlanti on June 29, 2002; is that correct?
A. Yes.
Q Is it fair to say that this is the most thorough discussion you have had about this incident with anyone?
A. Yes.
Q Are there items that happened on June 29, 2002, that you have spoken about during this trial that you have never said before?
A. Yes, I believe so.
Q When you spoke to Deputy Fullerton on July 18, 2002, you were aware he tape-recorded your statements?
A. Yes.
Q Since then, have you listened to your taped statements?
A. Never.
Q When you spoke to Deputy Reilly on July 19, 2002, were you aware that your statements were tape-recorded?
A. Yes, he told me so.
Q Since then, have you listened to your taped statement?
A. No, sir.
Q Do you recall how long you spoke to Deputy Fullerton on the 18th?
A. I have no idea.
Q Do you recall how long you spoke to Deputy Reilly on the 19th?
A. Again, I have no idea.
Q Did you memorize everything you said to Deputy Fullerton on the 18th?
A. No way.
Q Did you memorize everything you said to Deputy Reilly on the 19th?
A. It was fully from memory of that day.
Q My question to you, Ms. White, is: Did you memorize everything you told Deputy Reilly on the 19th?
A. No. Q Did you memorize or have you memorized everything
that you've testified to the last three days that you've been on the stand?
A. No, sir.
Q The communications you've had with Mr. Whitney, did you memorize before testifying everything you said in that communication?
A. No, sir.
Q Before testifying, did you memorize everything that you said in your communication with Dr. Farber?
A. No, sir.
Q Before testifying, did you memorize everything you said in your communication with Chris and Ron?
A. No, sir.
Q To each of those persons that I've just mentioned, did you send them the exact same facts as to what happened on June 29, 2002?
A. No, sir.
Q Before going and talking to the deputies for the first time on July 18, 2002, did you do anything to your hair?
A. I bleached it. Q Why did you do that?
A. Because my life was out of control. That's one
thing I can control is my hair. MR. ROMERO: May I approach the witness, your Honor? THE COURT: Yes. Q (By Mr. Romero) I'm going to show you what's been
marked as People's No. 52 and 51. People's No. 51. Can you take a look at People's No. 51 and tell me
what that is.
A. A picture of me with a black eye.
Q Is that one of the pictures you took of yourself when you were sitting on the toilet in the bathroom?
A. Yes. Q Is that the actual picture that you took?
A. Yes. Q And had developed?
A. Yes. Q Let me show you what's been marked as People's 52.
Can you take a look at that and tell me what that is?
A. It's the second picture I took of myself in the bathroom.
Q Is that the actual photograph that you had developed?
A. Yes. Q And do you see the bruising on your face?
A. Yes.
Q When you went and reported this incident to the sheriff's department on July 18, 2002, did you have that same bruising on your face?
A. No, sir. It had healed.
Q When your daughter, Heather Christianson-Reeves, came to visit you to help you move out of the apartment, did you have that same bruising on your face?
A. No, sir. Q What day did Heather Reeves come and visit you to
help you move out?
A. The 19th. MR. ROMERO: Your Honor, at this time the People would
ask that People's No. 51 and 52 be moved into evidence. MR. BAMIEH: Objection until cross-examination. THE COURT: Take the motion under submission. MR. ROMERO: Thank you, your Honor.
Your Honor, I do have a few more areas to get into, but this would be a good time for the lunch break if we can break at this time.
THE COURT: All right. We will recess until 1:30. MR. BAMIEH: Your Honor, can we just approach briefly before that? THE COURT: Yes. /// (Bench conference held off the record.) /// THE COURT: All right. Thank you, gentlemen.
Folks, we will resume the trial at 1:45. Between now and the time you come back to court, please don't discuss this case. Please don't form or express opinions or conclusions about it.
Ms. White, you can step down, ma'am. I'll see you back at 1:45. Counsel, we will stay in session after the jurors and the witness leaves.
(Jurors exit courtroom.)
THE COURT: The record will show the jurors have left the room. Not terribly important here, counsel, and I know that habits of speech are hard to break. Mr. Bamieh persists in telling everyone why he's asking questions.
Mr. Romero, what you do is you keep instructing the reporter to strike things. And every now and then, I look over her shoulder, and she's dutifully writing down the words "strike that" because she takes her instructions from me, not you. So, I would like for you to stop doing that. It was a habit I was in myself a long time ago. I was finally broken of that habit by a friend.
MR. ROMERO: Was that person a judge?
THE COURT: Actually, I'll tell you some time off the record exactly how it happened. It involved some profanity. Anyway...
MR. BAMIEH: I'd like to have a complete record made right now of all these issues.
| THE COURT: | Motion is denied. |
| MR. BAMIEH: | Okay. |
| THE COURT: | We are off the record. |
| (Off record - lunch recess.) | |
| --oOo-- | |
| /// | |
| /// | |
| /// |
VENTURA, CALIFORNIA; TUESDAY, DECEMBER 13, 2005
P.M. SESSION--oOo--
THE COURT: We are back on the record in the case of People versus Parlanti. We have our witness, all jurors, both counsel and the defendant.
Mr. Romero, you can resume your redirect. MR. ROMERO: Thank you, your Honor. May I approach the witness, your Honor? THE COURT: Yes.
CONTINUED REDIRECT EXAMINATION
BY MR. ROMERO:
Q Ms. White, I'm going to hand you some photographs that had been previously marked as People's 4, 5, 6, 7, 8, and
9. And I believe you testified that those photographs are the photographs that were taken by sheriff's deputies on July 18, 2002; is that correct?
A. Yes.
Q And those photographs --which number is the first one you see that depicts a picture of your face?
A. Number 5.
Q And on number 5, do you see the left side of your face?
A. Yes. Q Do you see any bruising in that photograph on the
left side of your face?
A. No. MR. BAMIEH: Objection. The picture speaks for itself,
your Honor. THE COURT: Overruled. Your answer, ma'am.
A. No.
Q (By Mr. Romero) Are there any other pictures I just handed you that depict your face?
A. Number 4.
Q And on number 4, do you see any injuries on your face anywhere?
A. No, sir. Q Are there any other pictures that depict your face?
A. No, sir.
Q Now, to the best of your recollection, do those pictures --do those pictures depict your face on July 18, 2002?
A. Yes.
Q And why do those pictures have no bruising depicted on the face as compared to the ones you took on July 3rd in the bathroom?
MR. BAMIEH: Objection. Calls for speculation. THE COURT: Overruled.
A. They had healed.
Q (By Mr. Romero) When you went to the sheriff's department on the 18th of July, that is almost three weeks after the June 29, 2002 date?
A. Yes.
Q When you went to the sheriff's department on the 18th, do you recall if you had any bruising at all on your body that you received on June 29, 2002?
A. Yes. Q What bruising do you recall?
A. The inside of my left arm, you could still see the shadowing of the bruise where he bit me, and there was a small bruise on my back in the rib cage area.
Q Now, at some point in your testimony, you mentioned something about chocolate cream up your nose and down your throat?
A. Yes. Q What is that all about? MR. BAMIEH: Object to the form of the question, your
Honor. THE COURT: What is it about the form of the question
you're objecting to? MR. BAMIEH: Vague. Ambiguous. THE COURT: Sustained. Q (By Mr. Romero) When did --when, in what you've
been testifying to, does chocolate cream come into play?
A. It was before the biting act. Q Before the biting act on June 29th?
A. Yes. Q Where in your apartment?
A. I'm sorry. I'm not understanding what you're
asking. Q You said "before the biting act."
Where were you in your apartment?
A. On June 29th, the night that the rape and beating,
when I was bound, ankle and wrist -- MR. BAMIEH: Objection. Nonresponsive. THE COURT: Overruled. MR. ROMERO: You can finish your answer.
A. And when he came into the bedroom and was talking to me, sitting beside me, he had a can of Reddy Whip, I believe is what it's called. It was chocolate, and he was squirting it in his mouth. And he asked me if I wanted some and I said, no, and he squirted it in my mouth and up my nose.
Q (By Mr. Romero) Now, you indicated in your prior testimony that you mentioned that incident in the letter to Dr. Farber?
A. Yes.
Q Did you include that, to the best of your recollection, in any other of your communications?
A. I don't remember.
Q Now, on the 18th, you spoke to Deputy Fullerton, correct?
A. Yes.
Q And on the 19th, you spoke to Deputy Reilly, correct?
A. Yes.
Q Did you tell Deputy Reilly some things about the incident on the 19th that you didn't tell Deputy Fullerton on the 18, yes or no?
A. Yes.
Q And shortly after the 19th, you faxed a letter to Deputy Reilly, I believe, a four-page letter, correct?
A. Yes. Q What day was that?
A. The 22nd.
Q And in that four-page letter, did you include things that happened between you and Mr. Parlanti that you didn't tell him on the 19th?
A. Yes.
Q And things -- included things that you didn't tell Deputy Fullerton on the 18th?
A. I believe so, yes.
Q Now, on August 25th, 2005, you testified at the preliminary hearing, correct?
A. Yes. Q And you were cross-examined by Mr. Bamieh, correct?
A. Yes.
Q And at that hearing, did you talk about some things that happened between you and Mr. Parlanti that you did not include in that four-page faxed letter you sent to Deputy Reilly on the 22nd?
A. I'm sorry. I don't remember.
Q Did you testify at the preliminary hearing to things you did not tell Deputy Reilly on the 19th?
A. I believe I did, yes.
Q And did you testify at the preliminary hearings to things you did not tell Deputy Fullerton on the 18th?
A. I believe so, yes.
Q Now, the present day, you have been testifying for several days at this trial, correct?
A. Yes.
Q Have you testified to things that happened between you and Mr. Parlanti that you did not testify to at the preliminary hearing on August 25th?
A. Yes.
Q Have you testified to things that you did not include in your four-page letter that you faxed to Deputy Reilly on July 22nd?
A. Yes.
Q Have you testified to things you did not tell Deputy Reilly on the 18th?
A. Yes, I believe so.
Q And did you --have you testified in this trial to things that you did not tell Deputy Fullerton on the 18th?
A. I believe so, yes.
Q Did you tell Deputy Fullerton on the 18th the exact same thing you told Deputy Reilly on the 19th?
A. No.
Q Do you recall exactly what you told Deputy Fullerton on the 18th?
A. No, sir.
Q I believe you testified that you knew that was tape-recorded, correct?
A. Yes. Q Have you heard that tape-recording?
A. No, sir.
Q And on the 19th, that was tape-recorded as well with Reilly, correct?
A. Yes. Q Have you heard that tape-recording?
A. No, sir.
Q Now, do you recall, on cross-examination, Mr. Bamieh showing you some communication that you had with Chris and Ron?
A. Yes. Q And in that letter, you wrote that Mr. Parlanti had
banged your head ten times. Do you recall that?
A. Yes.
Q Is that the only mention that you made in that letter about Mr. Parlanti banging your head that you recall?
A. That I recall, yes.
Q Did you include in that letter to Ron and Chris everything that you have testified to the last few days during this trial about what happened between you and Mr. Parlanti?
A. No, sir.
Q So, there are some things you have mentioned during this trial that are not in that letter?
A. Correct.
Q And I believe when Mr. Bamieh cross-examinationed you about that letter, specifically, he talked to you about a sentence where you --where you wrote in that letter you went to a doctor and a doctor told you that he couldn't treat you unless you reported the incident, correct?
A. Correct.
Q And you've testified that you actually called a doctor and were told that you wouldn't get treatment unless you reported it, correct?
A. Correct.
Q And you made a statement about your words being twisted, correct?
A. Yes. Q Did Mr. Bamieh ask you to explain that? MR. BAMIEH: Objection. Irrelevant, your Honor. THE COURT: Sustained. Q (By Mr. Romero) Were you given an opportunity to
explain that? MR. BAMIEH: Objection. Irrelevant. THE COURT: Overruled.
A. No. Q (By Mr. Romero) Can you please explain?
A. I called the doctor. To me, it's the same thing as going to one. I mean, I actually didn't see the doctor. I called him on the phone.
Q Mr. Bamieh showed you a letter that you had sent to
Mr. --strike that. Mr. Bamieh -- MR. ROMERO: I withdraw that question, your Honor. Q (By Mr. Romero) Mr. Bamieh talked to you under
cross-examination about a communication you had with Mr. Whitney, correct?
A. Yes. Q And Mr. Whitney was a business partner of
Mr. Parlanti, correct?
A. Yes.
Q And in that communication, you asked Mr. Whitney if you could make a hundred dollars off a sale of a computer program, correct?
A. Yes. Q Did you, in fact, make a hundred dollars off a sale?
A. No, sir.
Q Did Mr. Whitney provide you any money related to that business he had with Mr. Parlanti?
A. No, sir.
Q Did you send a letter to Mr. Whitney demanding money?
A. No, sir.
Q Do you have any pending lawsuit against Mr. Parlanti's company with Mr. Whitney?
A. No, sir.
Q Do you have any pending lawsuit against Mr. Parlanti?
A. No, sir.
Q Now, you testified that you had power of attorney over Mr. Parlanti's finances, correct?
A. Yes. Q Whose idea was that?
A. Carlo's.
Q Did Carlo contact an attorney to start that process --
A. Yes.
Q -- of giving you power of attorney?
A. Yes, sir, he did. There were two of them.
Q Was that Ron and Chris that you've been talking about?
A. Yes.
Q In your relationship with Mr. Parlanti, did you at any time exercise your rights to power of attorney over his finances?
A. To my remembrance, no, sir.
Q And you had power of attorney over Mr. Parlanti's finances when he would leave the country on business, correct?
A. Yes.
Q Do you recall testifying on cross-examination that at the time you spoke to the deputies on the 18th or the 19th, that Mr. Parlanti was not taking any medication?
A. I don't remember making that statement, but that doesn't mean I didn't.
Q Do you have personal knowledge if on June 29, 2002, Mr. Parlanti was taking any medication; yes or no?
A. I'm sorry. Ask that one more time.
Q Do you have any personal knowledge if on June 29, 2002, whether Mr. Parlanti was taking any medication?
A. Yes. Q Was he?
A. No. Q Had he taken any medication in the past?
A. Yes. Q Did you go and get that medication for him?
A. Yes. Q How many times?
A. Five to six times. He took it monthly.
Q Did you see what kind of medication you were picking up? Did you actually look at the bottle of medication?
A. Yes. Q What kind of medication was it?
A. I know what it was for, but I don't know the name of
it. Q What was it for?
A. Earlier in the year, it was depression. MR. BAMIEH: Objection. Lacks foundation. Implies
hearsay. THE COURT: Sustained. MR. BAMIEH: Motion to strike, your Honor. THE COURT: The answer is stricken. The jurors are to
disregard it. Q (By Mr. Romero) Had you picked up medication for Mr. Parlanti for most of the beginning of 2002?
A. Yes. Q All from the same location?
A. No. Q From various drug stores or?
A. Two separate drug stores.
Q Did you look at the bottles to see what type of medication you were picking up?
A. I don't remember. Q Once you packed up your items into the two cars and
left for Monterey, did you return --did you, personally, return back to the apartment here in Ventura County?
A. No. MR. ROMERO: May I approach the witness, your Honor? THE COURT: Yes. Q (By Mr. Romero) I believe on cross-examination you
were shown a number of pictures that I believe you testified you took of the apartment before you left, correct?
A. Yes. Q And I believe, just for the record, that they have
been marked as 32 --I'm sorry. 28 through 45. And do you have them in front of you?
A. Yes.
Q Now, is that the last time that you saw Mr. Parlanti's belongings that are depicted in that photograph?
A. Yes.
Q Do you know what happened to Mr. Parlanti's computer?
A. No.
Q Mr. Bamieh showed you an e-mail where I believe you're communicating with Mr. Whitney, and you state that your daughter, Heather, should get Mr. Parlanti's computer because Mr. Parlanti offered to pay her education expenses.
Do you recall that?
A. Yes. Q Did you take Mr. Parlanti's computer?
A. No, sir.
Q To your knowledge, did Mr. Parlanti make any payment covering your daughter's college expenses?
A. He paid her entrance fee. Q I'm sorry.
A. He paid her entrance fee of $300.
Q Other than that, do you have any other personal knowledge of him paying anything else for your daughter's education?
A. No.
Q Do you know what happened to the property that is depicted in those photographs in the apartment?
A. I have no common knowledge, no. Q You said you have no common knowledge?
A. No, sir. Q I'm not sure what that means.
A. I don't know.
Q Without taking any of Mr. Parlanti's items out of the apartment, did you arrange for their sale?
A. No, sir. Q Did you arrange for someone to pick them up?
A. No, sir.
Q After your relationship ended with Mr. Parlanti, did you receive money from any source that belonged to Mr. Parlanti?
Do you understand what I'm asking?
A. Not really.
Q When your relationship ended with Mr. Parlanti, did Mr. Parlanti give you any money?
A. No.
Q Now, you testified that you took those photos of the apartment on the advice of an attorney?
A. Yes. Q What attorney?
A. Bill Davis. Q Was that one of Mr. Parlanti's attorneys?
A. Yes, sir. Q Is this the first time you've mentioned Bill Davis'
name in this trial? MR. BAMIEH: Objection. Misstates the testimony. THE COURT: Overruled. It's a question. It's not an
intent to restate testimony.
A. I'm not sure. I may have referred to him as Bill previously.
Q (By Mr. Romero) But you haven't memorized all of your testimony?
A. No.
Q Did you write any letters to Bill Davis regarding what happened between you and Mr. Parlanti on June 29th?
A. I don't remember because I called him instead.
Q Did you talk to Mr. Davis by telephone regarding what happened between you and Mr. Parlanti on June 29th?
A. Yes. Q Have you ever owned a gun?
A. No, sir.
Q Do you recall being shown an e-mail where it indicated you were armed with a gun?
A. Yes, sir.
Q At any point after June 29, 2002, were you armed with a firearm?
A. No, sir. Q Have you purchased a firearm?
A. No, sir. Q Have you carried a firearm?
A. No, sir.
Q Do you recall Mr. Bamieh on cross-examination asking you if you e-mailed or communicated with Mr. Whitney and told Mr. Whitney that if Carlo had just stayed with you, you would not have reported him to the police?
Do you remember being asked that question?
A. Yes.
Q Did Mr. Bamieh in his cross-examination show you any kind of writing where you indicated that?
A. I don't remember. I'm sorry. Q On direct examination, you testified that you had
some memory problems. Do you recall that?
A. Yes.
Q Can you be more specific as to what types of memory problems you have?
A. I have short-term memory problems. Q And what does that mean?
A. I can better remember something that happened last week than something that happened a few minutes ago, yesterday, or the day before.
Q Did you have any of these problems with your memory as you've just described before June 29, 2002?
A. No, sir. MR. ROMERO: If I might just have a moment, your Honor? THE COURT: Yes. Q (By Mr. Romero) Under cross-examination, Ms. White,
you indicated that Mr. Parlanti was a kickboxer?
A. Yes. Q What do you mean by that?
A. He told me he was a kickboxer.
Q Do you have any other information other than him telling you that?
A. No.
Q Have you ever seen Mr. Parlanti actually kickbox in any ring?
A. No. Q Did Mr. Parlanti work out?
A. Yes. Q Regularly?
A. Yes. Q How would he work out?
A. He went to the Spectrum. I believe it's in Thousand
Oaks. He ran five miles a day, and he swam. Q When you say the Spectrum, what do you mean by that?
A. It's a gym.
Q Now, you testified that at some point during the assault in your bedroom, that you scratched the back of Mr. Parlanti's knees.
Do you recall that?
A. The back of his thighs, yes.
Q And at some point, Mr. Parlanti showed you what you had done to him?
A. Yes. Q When was that? When did he show you?
A. I believe it was on the 1st, when he woke me up and was trying to get me to eat a bowl of soup, and he turned around and said, "Look what you did to me."
Q Did you actually see them?
A. Yes. Q Were they bleeding at that time?
A. They were crusted over. Q Can you estimate how long they were?
A. Maybe the length of my hand. Q Several inches?
A. Five to six inches. Q Do you recall how many?
A. Maybe three on each side. Q Do you recall inflicting those injuries on him?
A. Vaguely, yes.
Q Now you testified that you did bleed from a part on your body other than your nipple, correct?
A. Yes. Q Where was that?
A. My rectum. Q How much did you bleed?
A. There was a pool of blood on the sheets that soaked
through to the mattress.
Q And when the deputies arrived at your apartment on the 19th, did you point out that mattress to them?
A. I just remember talking about it. I don't remember
removing the sheets. Q My question to you, Ms. White --
A. I'm sorry.
Q -- is when the deputies went to your apartment on the 19th, do you recall pointing out the stained mattress to them?
A. I'm not really sure what you're asking me.
Q When the deputies walked in, did you point and say, "Look, there's some blood on that mattress"?
A. No, sir. Q At any point, did you do that?
A. No, sir.
Q Did you include that there was a stained mattress in your letter to Ron and Chris?
A. No, sir.
Q Did you include that there was a stained mattress in your letter to Dr. Farber?
A. No, sir.
Q Did you include that there was a stained mattress in the four-page faxed letter you sent to Detective Reilly on the 22nd?
A. No, sir.
Q You indicated on cross-examination that one of the reasons why you didn't want to report the incident prior to
July 18th was because you didn't want to lose your belongings. Do you recall that?
A. Yes. Q Can you explain what you meant by that?
A. All I owned was in the apartment. And once I realized that all of the reports from the past women that I had on Carlo were true, that he had destroyed their belongings if they left them behind, and everything I owned was there, and I didn't want to lose them.
Q Now, Mr. Bamieh, on cross-examination, showed you a letter that you wrote to a judge. Do you recall that?
A. Yes. Q Why did you write a letter to a judge?
A. Bill Davis was a civil attorney for Carlo, and he suggested that I, in Carlo's behalf, contact all of his previous girlfriends and ask them to write a letter.
Q Ms. White, my question to you is: Why did you write a letter to a judge?
A. I was the last one to write a letter saying he was a
good man and he never touched me. Q What was the purpose of writing the letter?
A. To help Carlo in his civil trial against
Mrs. Hollingsworth. Q When did you write that letter?
A. He made me write it before the month of June. Q Some time before June of 2002?
A. Yes.
Q Now, before June of 2002, I believe you testified that Mr. Parlanti had physically hit you, correct?
A. Yes.
Q And you still wrote that letter to the judge on Mr. Parlanti's behalf, correct?
A. Yes. Q Why?
A. Because I loved Carlo, and I wanted to help him. Q Even though he was hitting you?
A. Yes.
Q Now, you testified on cross-examination that at some point someone showed you on a computer a conversation you had with your mother on the telephone.
Do you recall that?
A. Yes.
MR. BAMIEH: I'm sorry. I didn't hear the question correctly. Maybe with the Court's permission I can have it read back.
THE COURT: Yes.
[REQUESTED QUESTION READ BACK.] MR. BAMIEH: Thank you. Q (By Mr. Romero) Who showed you that conversation on
the computer?
A. I actually heard Carlo listening to it. Q When was this?
A. One night when I was sick, he thought I was asleep. Q Do you know what day? or what month?
A. I'm not sure. It was quite a while before June.
Q Were you living in Ventura County?
A. Yes.
Q And it was a conversation --he was listening to that conversation after you had spoken on the phone, correct?
A. Yes. I'm sure it's a documented conversation after an argument he and I had had.
Q Ms. White, my question to you was: He was not listening to your conversation on the computer at the exact same time you were talking to your mother on the phone, correct?
A. I'm sorry. No.
Q And the fact that you heard him listening to that conversation, did that contribute to you believing he could monitor your phone calls?
A. Yes.
Q Now, you recall Mr. Bamieh asking you --actually having you look at the preliminary hearing transcript, page 55, about taking trash out of the apartment after June 29, 2002, correct?
A. Yes. MR. ROMERO: May I approach, your Honor? THE COURT: Yes. MR. ROMERO: Page 55, Mr. Bamieh, starting on line 4. Q (By Mr. Romero) Could you please read to yourself
starting on line 4 on down.
A. (Witness complies.) MR. BAMIEH: Mr. Romero, on down the whole page? MR. ROMERO: On down to about halfway.
THE WITNESS: Okay.
Q (By Mr. Romero) Now, do you recollect that the question that Mr. Bamieh asked you at the preliminary hearing was between the time frame of June 29th and July 16th -- if at any point during that period of time you took out the garbage?
A. Yes. MR. BAMIEH: You may want to... Q (By Mr. Romero) At any point between June 29th or
the 30th to July 16th, did you take out the garbage from the apartment?
A. Yes.
Q Did you get to explain that during cross-examination, that that was the time frame that that question at the preliminary hearing was talking about?
MR. BAMIEH: Objection. Irrelevant, your Honor. THE COURT: Sustained. Q (By Mr. Romero) Now, Mr. Bamieh showed you e-mails
on cross-examination that you had sent to Katia Anedda, correct?
A. Yes. Q And these are e-mails you sent after June 29th?
A. Yes.
Q And in these e-mails that you were shown, you talk about how much you love Mr. Parlanti, correct?
A. Yes.
Q Do either of these --do any of these e-mails that Mr. Bamieh showed you also talk about the physical and sexual violence that took place between you and Mr. Bamieh?
MR. BAMIEH: Objection. Calls for hearsay. THE COURT: Well, it's a misstatement. You said
Mr. Bamieh. Let's back up. MR. ROMERO: I withdraw the question. THE COURT: All right. Q (By Mr. Romero) Ms. White, in any of the e-mails
that Mr. Bamieh showed you that you wrote to Katia professing your love for Mr. Parlanti after the 29th of June, do you also include that Mr. Parlanti had been physically and sexually violent with you?
A. Yes. MR. BAMIEH: Objection. Calls for hearsay, your Honor. Motion to strike.
THE COURT: Seems to me that Section 356 of the Evidence Code would operate to promote inquiry to the balance of the statement. Is there some reason that it wouldn't?
MR. BAMIEH: In the broad nature of the numerous e-mails, it makes it appear that there's more than --that they are all that way.
MR. ROMERO: I can be more specific, your Honor. THE COURT: Your objection is hearsay? MR. BAMIEH: Vague as to which e-mails. THE COURT: Overruled. MR. ROMERO: May I approach the witness, your Honor? THE COURT: Yes. Q (By Mr. Romero) Showing you what's been marked as
--this one does not have a number. Do you recall Mr. Bamieh specifically showing you an
e-mail you had sent to Katia talking about Mr. Parlanti's silver tongue?
A. Yes.
Q And in what context were you sending that e-mail to Ms. Anedda? Katia Anedda?
A. May I see the e-mail? Q I didn't hear a response.
A. May I see the e-mail, please?
Q Not at this time. And I'm sorry, you can't ask any questions.
A. Ask me again, please.
Q Ms. White, do you recall sending an e-mail to Katia after the 29th talking about Mr. Parlanti's silver tongue?
A. Yes.
Q Why did you send Katia e-mails about Mr. Parlanti after the 29th?
A. I was trying to provoke her to tell me where he was. Q Why were you doing that?
A. I wanted to know where he was so I could turn him in.
Q You were going to tell the police where he was if you found out?
A. Yes.
Q At any time after June 29, 2002, did you write an e-mail to Katia and -- and telling her that you lied about what happened between you and Mr. Parlanti on the 29th?
A. Not that I remember, no. Q Approximately how many e-mails did you send out
after June 29, 2002 to Katia?
A. Over a broad period of time, maybe 30.
Q Do you remember what you said in all 30 of those e-mails?
A. No way.
Q At any time in any one of those e-mails, did you say you lied about what Mr. Parlanti did to you on the 29th?
A. No, sir.
Q At any time, did you write to Mr. Whitney after the 29th and say you lied about what happened between you and Mr. Parlanti on the 29th?
A. No, sir.
Q Ms. White, is it fair to say that you have --that you had, at that time on June 29, 2002, low self-esteem?
A. Yes, sir.
Q Is it fair to say that during the time you were living with Mr. Parlanti, you were dependent on his affection?
A. Yes.
Q When Mr. --after you left the relationship with Mr. Parlanti, did you have a difficult time emotionally?
A. Tremendously, yes.
Q Did you still have feelings for Mr. Parlanti after the 29th of June?
A. Yes, I did.
Q At some time after the 29th of June, did you feel any sense of betrayal at turning in Mr. Parlanti to the police?
A. Yes, sir.
Q Why did you feel a sense of betrayal?
A. Because this was someone that I loved and he trusted me, and I felt I had broken that trust by turning him in and telling my secrets.
Q Do you still have the diaries in front of you?
A. Yes.
Q The diary that you kept for yourself, you indicated --can you pick that one up, please?
A. You indicated that on Mother's Day of 2002, that Mr. Parlanti beat you about the breast with a belt.
Do you recall testifying to that? MR. BAMIEH: Objection. Misstates the testimony. THE COURT: Sustained. Q (By Mr. Romero) Do you recall testifying that on
Mother's --at or around Mother's Day of 2002, that Mr. Parlanti hit you on your breast with a belt?
A. Yes. Q Can you look in your diary, without reading it, can
you find the Mother's Day period of time in the diary? Do you understand my question?
A. Yes.
Q Do you see any entries at or around Mother's Day, 2002?
A. I'm not sure what that date was. I know it was in May. That's all I've got to go on here.
Q Do you see any entries in May of 2002 in your personal diary?
A. Yes.
Q How many entries for the month of May?
A. There appears to be one for each day, which would be 31 entries.
Q Do you recall if you described that incident with Mr. Parlanti hitting your breast with a belt in any one of those entries?
MR. BAMIEH: Objection. Calls for hearsay, your Honor. THE COURT: Overruled.
A. I haven't read this diary in a long time. I don't know. Q (By Mr. Romero) We'll come back to that. You can put that down, please.
Now, you testified on cross-examination that Mr. Parlanti, on June 29th, tried to insert his hand in your anus.
Do you recall that?
A. Yes. Q Was he able to insert his hand in your anus?
A. Most of it, yes. Q How much?
A. At least half.
Q And other than your nipple, is that the only time that you bled?
A. Yes. Q And how long did that episode last?
A. Several minutes because it takes a while to insert
one's hand in their anus. Q And as he's doing this, is this painful?
A. Yes.
Q Did you do anything physically to try and resist him?
A. I'm thrashing about and screaming. Q I'm sorry?
A. Thrashing about the bed and screaming. Q When you say "thrashing," what do you mean?
A. Moving from side to side trying to get away from
him. Q While his hand is in your anus?
A. Yes.
Q And when you say "moving," can you be more specific in what movements you made?
A. I'm rocking because I'm tied. I can't get up. I can't hit him. I can't get up and do anything. I'm just tied.
Q Would you agree rocking is different than thrashing?
A. I guess that would depend on which part of the country you are from. Yes.
Q Do you have a different understanding of thrashing and rocking?
A. Yes.
Q Can you describe physically what you did to try and resist him putting his hand in your anus?
A. It was rocking back and forth and trying to move my
hips away from him. Q You weren't kicking your feet at him?
A. I couldn't.
Q Were you swinging your arms at him?
A. No, sir. I could not. MR. ROMERO: May I have a moment, your Honor? THE COURT: Yes. MR. ROMERO: I'm going to approach with what's been
marked as Exhibit X. Q (By Mr. Romero) Can you take a look at X?
A. (Witness complies.)
Q Do you recall being shown Exhibit X on cross-examination?
A. Yes. Q Is that an e-mail that you sent to Katia?
A. Yes.
Q And in that e-mail, do you talk about your feelings for Mr. Parlanti?
A. Yes.
Q At any point in that e-mail, do you say that you lied about what happened between you and Mr. Parlanti on the 29th?
A. No, sir.
Q Yes or no, do you make mention of any physical violence between you and Mr. Parlanti?
A. Yes.
Q And did you have an opportunity to explain that your e-mails included the physical violence --discussions of the physical violence in addition to your feelings for Mr. Parlanti on cross-examination?
MR. BAMIEH: I'm going to object. Irrelevant, your
Honor.
THE COURT: May I have the question again, please, Erika?
[REQUESTED QUESTION READ BACK.] THE COURT: Thank you. Referring to the cross? MR. ROMERO: Yes. THE COURT: Sustained. Q (By Mr. Romero) At some point after the 29th of
June, 2002, you e-mailed Mr. Parlanti, directly, correct?
A. Yes.
Q At any time during any of those e-mails, did you tell Mr. Parlanti that you had lied about him physically assaulting you?
A. No.
Q At any time in those e-mails to Mr. Parlanti, did you indicate that you had lied about him sexually assaulting you?
A. No. MR. ROMERO: No further questions, your Honor. THE COURT: Recross. MR. BAMIEH: Thank you.
RECROSS-EXAMINATION
BY MR. BAMIEH:
Q Ms. White, you testified on redirect examination that when you wrote Dr. Farber and you said that you went to a doctor and the doctor made you report it, that that's not what you meant; is that correct?
Is that your testimony?
A. Yes.
Q You meant actually when you wrote that you went to the doctor, that you had only talked to the doctor; is that correct?
A. Yes.
Q Now, you did eventually talk to a doctor; isn't that correct?
A. In Monterey, yes. Q That's Dr. Troy Manchester; isn't that correct?
A. Yes.
Q Isn't it true you told Dr. Manchester that the reason you were with him was because the police insisted that you see him before they would take a report on the incident; isn't that correct, ma'am?
A. I don't remember, sir. Q Do you remember saying that at all to him, ma'am?
A. I don't remember.
Q Now, ma'am, you testified on redirect examination that you told Detective Reilly, the second officer you spoke to, different things than you told detective -- Officer Fullerton.
Do you remember saying that, ma'am?
A. I'm sorry. Ask me that again.
Q Ma'am, you testified on redirect examination that you told Detective Reilly different things or additional things than you told Officer Fullerton; is that correct?
MR. ROMERO: Objection. Misstates the testimony.
THE COURT: Overruled.
A. I believe so. And could you please slow down. You are speaking too --I can't comprehend what you're saying.
Q (By Mr. Bamieh) Sure. Do you want me to ask the question again, ma'am?
A. No. Just slow down your speech. You're speaking
too fast for me to comprehend. Q Did you understand my last question?
A. Not completely.
Q Ma'am, you testified that you made a statement to Officer Fullerton, correct?
A. Yes.
Q And then you testified that you made a statement to Detective Reilly, correct?
A. Yes.
Q And on redirect examination, Mr. Romero asked you -- did you ask --did you say different things to Detective Reilly than you did to Officer Fullerton, and you answered yes.
Is that your testimony, ma'am?
A. Yes. Q Describe, please, the different things that you told Detective Reilly than you did Officer Fullerton? MR. ROMERO: Objection. Vague and ambiguous. Calls for
speculation. THE COURT: Overruled on those grounds.
A. I don't --I don't have my testimonies memorized, sir. I would have to look at them to show you the difference.
Q How do you know then, ma'am, that you told Detective Reilly something different than you told Officer Fullerton?
A. Because I can't remember Officer Reilly discussing them with me.
Q Okay. My question would be -- excuse me. What then do you remember being the differences?
A. There was difference in some sequencing, and that's
all I remember. Q Difference in sequencing?
A. Yes.
Q In terms of --what do you mean by that, ma'am, differences in sequencing?
A. How maybe the events happened or... things like that.
Q And you --it's your testimony that you believe you told Detective Reilly a different sequence of events than you told Officer Fullerton; is that your testimony?
A. Yes. Q Which one --which statement, the one to Officer
Fullerton or Detective Reilly is more accurate, ma'am? MR. ROMERO: Objection. Argumentative. THE COURT: Overruled. MR. ROMERO: Objection. Vague and ambiguous. THE COURT: It's vague. Sustained. Q (By Mr. Bamieh) Ma'am, were you more accurate with
Detective Reilly or more accurate with Officer Fullerton? MR. ROMERO: Objection. Argumentative. Vague and ambiguous.
THE COURT: It's vague as to what you're asking about,
Mr. Bamieh. Sustained. MR. BAMIEH: I understand. Q (By Mr. Bamieh) Ma'am, in terms of the sequencing
of events, were you more accurate with Detective Reilly or
more accurate with Officer Fullerton? MR. ROMERO: Same objection. THE COURT: Sustained.
Mr. Bamieh, my feeling is that when a person is giving a lengthy, detailed statement to the police, to ask that person to characterize that lengthy statement in that way, it's unclear what you are actually asking the witness to do, and I'm not sure a person can do that. So you are going to have to get specific if that's what you want to inquire into.
Q (By Mr. Bamieh) Ma'am, isn't it true you told Officer Fullerton that you bought two liters of wine for Mr. Parlanti, correct?
A. Yes.
Q And you told that to Detective Reilly; isn't that true?
A. I believe so, yes.
Q And isn't it true that you told Officer Fullerton that Mr. Parlanti became violent with you after you bought the wine, correct?
A. Yes.
Q And you told the same thing to Detective Reilly, didn't you, ma'am?
A. I believe so, yes.
Q And ma'am, isn't it also true that you told Officer Fullerton that you went to bed after returning home -- shortly after returning home with the second bottle of wine; isn't that correct?
A. I'm sorry. Ask me that again.
Q Yes. Isn't it true you told Officer Fullerton shortly after you returned home after buying that second bottle of wine that you went to bed?
A. Yes. Q Is that correct?
A. Yes.
Q And you told the same thing to Detective Reilly; isn't that correct?
A. I believe so, yes.
Q And isn't it true that you told Officer Fullerton that Mr. Parlanti entered the bedroom shortly after you went to bed?
A. Yes.
Q And isn't it true you told Detective Reilly that shortly after you went to bed, Mr. Parlanti entered the room, correct?
A. Yes.
Q And isn't it true that you said that the first act of violence committed upon you by Mr. Parlanti was when he banged your head against the bulletin board?
Isn't that what you told Officer Fullerton?
A. It's been a while, sir. I'm not sure on that one.
Q And isn't it true you told Detective Reilly that the first act of violence Mr. Parlanti committed against you was when he banged your head against the bulletin board?
A. Again, I'm not sure, and I haven't read them in a while.
Q And ma'am, isn't it true that you told Officer Fullerton that the next thing Mr. Parlanti did was throw you against an adjacent wall?
A. Repeat that, please.
Q Isn't it true after --when you were talking to Officer Fullerton, after telling him that Mr. Parlanti had banged your head against the bulletin board, the next thing he did was throw you against an adjacent wall?
A. I believe so, yes.
Q And isn't it also true that you told Detective Reilly that same thing; that after Mr. Parlanti banged your head against the bulletin board, he threw you against an adjacent wall?
A. I believe so, yes.
Q And isn't it true then that you told Officer Fullerton the next thing that occurred was that Mr. Parlanti began to choke you?
A. No. I don't believe so. Q Isn't it true that you told --I'm sorry.
Isn't it true that you told Officer Fullerton that the next thing that occurred was Mr. Parlanti slapped you?
A. I believe so, yes. Q And you told the same thing to Officer Reilly,
correct?
A. I believe so, yes.
Q And now, the sequence of events, as we are going through them, ma'am, these sequences of events, do you have any memory of them ever changing in any statement that you ever made?
A. I'm sorry. I'm not sure what you're asking.
Q That brief sequence of events, sequence of events we just discussed, series of questions I just discussed, do you have any memory of writing it differently or saying it differently to anyone?
MR. ROMERO: Objection. Vague and ambiguous. Calls for speculation.
THE COURT: It's vague. Sustained.
Q (By Mr. Bamieh) Ma'am, didn't you describe the same sequence of events in the letter you wrote to Dr. Farber?
MR. ROMERO: Objection. Vague and ambiguous.
THE COURT: Vague as to what you mean by same sequence of events, Mr. Bamieh. Sustained.
Q (By Mr. Bamieh) Ma'am, we just went through -- would you agree that we just went through you coming home with two liters of wine, Mr. Parlanti going to bed, Mr. Parlanti pulling you from the bed or awaking you from the bed, banging your head against the bulletin board, throwing you against the adjacent wall, and slapping you?
Would you agree that those are the events we just went through? MR. ROMERO: Objection. Compound. Vague and ambiguous.
THE COURT: Overruled.
A. Yes.
Q (By Mr. Bamieh) That sequence of events that you just agreed to, ma'am, have you ever written it differently to any party that you've written to about this case?
MR. ROMERO: Objection. Vague and ambiguous. THE COURT: Sustained. What do you mean by "written it differently," Mr. Bamieh? It's vague as to what you're asking the witness.
Q (By Mr. Bamieh) Ma'am, you testified on redirect examination that you've written many statements about the case?
A. Yes. Q You wrote a statement to the sheriff's department?
A. Yes. Q You wrote a statement to Dr. Farber?
A. Yes. Q America's Most Wanted, correct?
A. Yes.
Q And about America's Most Wanted, ma'am, did you provide that statement to the District Attorney's Office?
A. To Dave Williams, yes.
Q You provided a statement that you wrote to America's Most Wanted to Dave Williams?
A. I think I did, yes.
Q And did you --you wrote a --did you write to Mr. Bill Davis?
A. I do not believe I did.
Q Well, so ma'am, in those writings that we just talked about, those writings -- America's Most Wanted, Dr. Farber, or to the sheriff's department, Detective Reilly -- the writings that you wrote to these three people, did you ever describe the sequence of events differently, the sequence we just covered differently to them? With any of them?
MR. ROMERO: Objection. Compound. Vague and ambiguous. THE COURT: Sustained. It's compound. Q (By Mr. Bamieh) To Dr. Farber, ma'am, did you write
the sequence of events differently to her?
A. I don't know, sir. I haven't looked at that stuff in a long time.
Q To Detective Reilly, did you -- do you remember writing it differently to him?
A. Again, I don't know, sir.
Q To America's Most Wanted, do you remember writing it differently to them?
A. Again, I don't know.
Q When you testified on redirect examination -- you said you've never listened to the tapes that the officers recorded of you; is that correct?
A. Correct. Q You have read the reports, though; isn't that true?
A. Yes.
Q You're the one who provided the e-mails; isn't that correct? To the District Attorney's Office, correct?
A. Yes.
Q And you also reviewed your preliminary hearing transcripts in this case; isn't that correct?
A. Not recently, but yes.
Q Didn't you review it in November, ma'am, of this year?
A. Yes.
Q Now, ma'am, the --you said that you wrote to Dr. Farber. You wrote to Dr. Farber because you wanted to report Carlo.
Would that be true?
A. I'm not sure what you're asking me.
Q You wrote to Dr. Farber because you wanted to help potentially other people; is that correct?
A. Yes. I didn't want him to go free because I didn't want this to happen to anyone else. Q So, you didn't write to Dr. Farber out of any anger
you may have had towards Mr. Parlanti; is that correct?
MR. ROMERO: Objection. Misstates the testimony.
THE COURT: It's not an effort to state the testimony.
Overruled. This is cross-examination. Q (By Mr. Bamieh) Is that correct, ma'am?
A. I'm sorry ask me again. Q You didn't write to Dr. Farber -- MR. BAMIEH: May I approach the exhibit table? Sorry. THE COURT: Yes. Q (By Mr. Bamieh) You didn't write to Dr. Farber,
ma'am, in any effort or out of anger against Mr. Parlanti; is that correct?
A. Not that I remember, no.
Q You just wanted to provide --isn't it true that you just wanted to provide the relevant details of what occurred between you and Mr. Parlanti so you could prevent this from happening in the future, correct?
A. Yes.
Q And you only wanted to include the relevant details, correct?
A. Yes. MR. BAMIEH: May I approach the witness, your Honor? THE COURT: Yes. Q (By Mr. Bamieh) Approaching with Exhibit G. Ma'am,
tell me if I'm reading correctly the last sentence of this letter to Dr. Farber.
"I just hope he makes you a better life --he makes a better life outside the USA for he hates us and cheered last 9/11 when we were bombed."
Did you write that ma'am?
A. Yes. Q On redirect examination, ma'am, Mr. Romero asked you
about the letter that you wrote to the judge. Do you remember that, ma'am?
A. Yes.
Q And when he --you stated that you were trying to help Mr. Parlanti with his case; is that correct, ma'am?
A. Yes.
Q And ma'am, is it your testimony now that what you wrote to the judge --well, let me ask you this.
Ma'am, do you remember when you wrote that letter to the judge?
A. No.
Q Do you remember a time range when you wrote that letter to the judge?
A. No.
Q When I say "time range," would you agree that it was in the spring of '02?
A. Yes.
Q It was after you were living in Westlake; isn't that correct?
A. Yes. I was living in Westlake.
Q Now, when you wrote that letter to the judge in the spring of '02, ma'am, is it your testimony that you were lying to the judge?
A. Yes.
Q Ma'am, you testified that your right wrist was bound to your right ankle and your left wrist was bound to your left ankle; is that correct?
A. Yes.
Q Now, when --were your hands on the insides of your ankles or on the outsides of your ankles, ma'am?
A. Outside. Q And you said they were --were they wrist and palms, hands facing in? Let me ask that better.
Were your hands on your legs? palms facing your legs?
A. No.
Q Were the palms facing outside?
A. They were... MR. BAMIEH: Your Honor, may I approach? I can't make a record. THE WITNESS: I'm trying to figure out how to describe that. MR. BAMIEH: Your Honor, request permission, so I can make a record for the Court, to approach the witness.
THE COURT: First, you can tell me how this is within the proper scope of redirect examination. I don't think I heard an examination about this, and I'm going to interpose my own objection in the interest of bringing it to a close with the witness.
MR. BAMIEH: May I approach, your Honor? THE COURT: I'll hear from you at the bench. /// (Bench conference held off the record.) /// THE COURT: Folks, let's get back to work. Thank you, counsel. The question is beyond the scope of redirect.
Let's move on. MR. BAMIEH: Mr. Romero, do you have any of the pictures? MR. ROMERO: She has them. THE WITNESS: All the pictures are up here. MR. BAMIEH: I'm specifically looking for --do you have
any other pictures up there? Let me see that, please. Thank you. Approaching the witness with the Court's permission.
THE COURT: Go ahead. Q (By Mr. Bamieh) Ma'am, I'm showing you People's 4. This is the picture at the police station; is it not?
A. Yes.
Q And it was this picture that you said --that prior to taking the picture, you bleached your hair; is that correct?
A. Yes. Q On what date did you bleach your hair?
A. On the 17th.
Q Right before you went to the police station; is that correct?
A. And the terms of --so, in People's 1, which --
well, let me first take a step back. 51 and 52, are they depicted in People's 1? Do you understand my question, ma'am?
A. No.
Q Is 50 --51 and 52, are they the same pictures as are photographed -- or as copied in 1?
A. Yes.
Q What I'm getting at -- so, you originally said you took four pictures of yourself. These aren't the other two that you said were not available?
A. No. Q These are copies, correct?
A. Yes. Q One is a copy of 51 and 52, correct?
A. Yes.
Q Now, besides bleaching your hair, ma'am, did you do anything else to your hair?
A. No.
Q You didn't, for instance -- I think they are called hair extensions -- you didn't have hair extensions, did you?
A. No.
Q So, there would be no reason why your hair would be longer, a couple inches longer, in 4 than potentially they were on the 3rd?
A. It's not, sir. My hair is pulled back in a pony tail.
Q You pulled your hair back in a pony tail in this picture?
A. This is a pony tail, just like it is today.
Q And in People's 1, your hair is pulled back in a pony tail?
A. Yes.
Q And ma'am, when you bleached your hair, you did that after Mr. --that's your testimony, you did it after Mr. Parlanti left the apartment?
A. Yes. Q After he left for Mississippi?
A. Yes.
Q Was your hair then the color as it appears in --in People's 1 on the --on the 9th of July?
A. Yes. Q The --when you bleached your hair, did you reveal
that to the Officers at all; that your hair was a different color when you spoke to them?
A. Why would I need to do that, sir? No. Q You did not?
A. No.
Q Did you reveal that at the preliminary hearing when you testified?
A. No.
Q On redirect examination, ma'am, you testified that you were sure that Mr. Parlanti drank that first bottle of two liters minus one glass; isn't that correct?
A. I'm positive he did.
Q And you were very confident that he drank at least more than half of that second bottle; is that correct?
A. Yes.
Q And your confidence was based on seeing that bottle on the office desk; is that correct?
A. Yes.
Q And that was prior -- when you saw the bottle on the office desk, that was prior to you being brought back into the bedroom; isn't that correct?
A. Yes.
Q And isn't it true when you were brought back into the bedroom during the course of, as you testified, two to three hours, you saw Mr. Parlanti walking in and out of the bedroom drinking wine; isn't that correct?
A. Each time he had been emptying the glass, yes. Q And it was based on that, the experience of seeing
him drink those numerous glasses of wine each time he walked in and out of the bedroom, that you believe he drank the other two liters, too; isn't that correct?
A. Yes. Q Do you have those diaries, ma'am, up there?
A. Yes.
Q If you please, find the Carlo Parlanti diary first. And if you can do me the favor of telling me the exhibit number on that.
A. Twenty-seven.
Q Thank you. On the Carlo Parlanti diary, ma'am, there is an entry made on July 5th and 7th; is that correct?
A. Yes.
Q And that entry, was it your intention to document what occurred between --from the 5th through the 7th?
A. Yes.
Q And would it be fair to say that you wrote that, then, on the 7th; is that correct? As opposed to the 5th?
A. I'm not sure because there's two different colors of ink. Q So, well, not talking about the --the day you made
the entries. MR. BAMIEH: May I approach, ma'am? I'm sorry, Judge? THE COURT: Fine with me and the witness. MR. BAMIEH: It's okay? THE COURT: Yes. MR. BAMIEH: Thank you. Q (By Mr. Bamieh) So, ma'am, on this diary entry of
the 5th and the 7th, you see two different colors of ink; is that correct?
A. Yes.
Q So, it's your testimony that you may have written them on separate dates?
A. Yes.
Q But you put it under one date or one entry; is that correct?
A. Yes.
Q Now, ma'am, and I take it when you use the July 5th and 7th, you're saying everything below this occurred between those two dates; is that correct?
A. Yes.
Q Now, on the 29th, ma'am, there's only one entry; is that correct?
A. Yes.
Q There's no --you didn't do it over a course of several days, did you, ma'am? You didn't --let me --let me strike that. Withdraw that question.
Ma'am, there's an entry on the 25th and 28th; is that correct?
A. Yes.
Q And on the 25th and 28th, there's one entry; is that true?
A. Uhm-hum. Q Is that yes?
A. Yes. Q And it's in one color ink; is that correct?
A. Yes.
Q And would it --is it your memory you wrote this entry for the 25th and 28th on the 28th?
A. I would say --may I see it, please? I would say the 24th through July 4th was written on July 4th. If you look at the style of writing, I was sitting in the same position, and the ink is the same color.
Q So, ma'am, you believe you wrote all these on July 4th now; is that correct?
A. Yes, I do. After looking at it.
Q When I cross-examined you, ma'am, you testified that you grabbed Mr. Parlanti's diary and you went to your bedroom where you wrote both diaries; is that correct?
A. That's the way I thought I had done it, yes. Q And you testified you --that you grabbed
Mr. Parlanti's diary on your way to the bedroom. Do you remember that?
A. Yes.
Q And you testified that you sat down and you used one pen for both diaries; isn't that correct?
A. Yes.
Q And then you were shown the fact that there's no way that could be true, weren't you?
A. Pardon?
Q You realized, after seeing the diaries, there's no way that could be true?
A. Well, then it was another day that I did that. Q You realized after I showed you the diaries with two
separate inks that that was no way that could be true, didn't you?
A. Yes.
Q So now you are testifying that what happened was you wrote them all in on July 4th in Mr. Parlanti's diary; is that correct?
A. Yes.
Q On --on redirect examination, ma'am, Mr. Romero brought up your statement to Officer Fullerton where you told Officer Fullerton about Mr. Parlanti's drug use.
Do you remember that part of your testimony?
A. I'm sorry. Could you repeat that?
Q On redirect examination by Mr. Romero, he asked you about your statement to Officer Fullerton about Mr. Parlanti's drug use.
Do you remember that?
A. Yes.
Q Ma'am, when you spoke to Officer Fullerton, do you remember him asking you, "Does he take any drugs?"
A. I really don't remember, sir.
Q Do you remember responding to that question, "He doesn't even take aspirin"?
A. Okay. Q Do you remember responding that way?
A. Yes.
Q Ma'am, on redirect examination, Mr. Romero asked you about Mr. Parlanti's payment of fees on behalf of your daughter.
Do you remember those questions, ma'am?
A. I'm sorry. Could you ask that again, please? Q Sure.
Do you remember Mr. Romero on redirect examination asking you about Mr. Parlanti's payment of fees on behalf of your daughter?
A. I'm sorry. For some reason I'm not comprehending what you're asking me. I don't know why.
Q Isn't it true that Mr. Parlanti paid the college fees on behalf of your daughter?
A. College fees? No. Q Application fees?
A. Application fees, $300.
Q It was your expectation he was going to pay her college fees also prior to June 29th of '02, correct, ma'am?
A. That was what he said, yes.
Q That was your expectation; isn't that correct, ma'am?
A. Yes.
Q And it was your expectation he was also going to rent a house or buy a house in Malibu where you and your daughter would live with him; isn't that correct?
A. That was his plan, yes. Q Mr. Romero asked you on redirect examination about
the e-mails between you and Ms. Anedda. Do you remember those questions?
A. Yes. Q And you answered that in some of the e-mails that
you --you talked about or you wrote about violence committed by Mr. Parlanti on yourself.
Do you remember saying that, ma'am?
A. Yes.
Q And also in some of those e-mails, ma'am, you talked about with Ms. Anedda after the 29th of June. You talked about your sex life with Mr. Parlanti.
Do you remember writing about those things?
A. Yes.
Q And do you remember writing an e-mail to Ms. Anedda where you told her that Mr. Parlanti, quote, "had the best cock you ever had between your thighs"?
A. Yes.
Q And you wrote that e-mail after the 29th of June of '02; isn't that correct?
A. Yes.
Q Ma'am, you described that Mr. Parlanti had you against the bulletin board and his body was pressed up against your body; is that correct?
A. Sorry. I'm --I think you misquoted me there. Say that one more time.
Q Well, ma'am, when Mr. Parlanti had you against the bulletin board, was his body pressed up against your body?
A. He had me against the wall; my head was against the bulletin board, yes.
Q So, your head was against the bulletin board and your body was against the the wall?
A. Yes.
Q And Mr. Parlanti's body in relation to your body, please describe where his body was.
A. He had me pinned against the wall.
Q When you say "pinned," can you please describe what you mean by that?
A. Pressed against me.
Q So his --would it be accurate to say that his pelvic area was pressed against your body?
A. Yes. Q Was his chest also pressed against your body?
A. He was kind of leaning backwards so he could, like, lean back and forth against me.
Q Ma'am, my question was: Was his chest also pressed against your body?
A. Not at all times.
Q When you say -- was his pelvic area pressed against your body at all times?
A. Yes.
Q And then his arm --his hands was under your -- under your throat, under your chin?
A. Yes.
Q So, correct me if I'm inaccurate, he had his pelvic area touching your pelvic area; is that true?
A. Yes.
Q His chest was leaned back from -- away from your chest?
A. A ways, yes. Q When you say "a ways," describe that distance,
please.
A. A few inches.
Q When you say "a few inches," do you mean more than 12 or less than 12?
A. Less than 12. Q Less than six?
A. Yes.
Q So, between one and six inches; would that be fair, ma'am?
A. Yes.
Q So, his body was --his lower part of his body was pressed against you and his chest was approximately one to six inches away from your chest?
A. Yes.
Q And from that position his hand was under your throat under your chin; is that correct?
A. Yes.
Q And that's how he was banging your head against the wall?
A. Yes.
Q And you said on examination, when you described this, that he used extreme force when he did that; is that correct?
A. Yes.
Q That your head was hitting the bulletin board and extremely hard from that position?
A. Yes. Q Is that correct?
A. Yes.
Q Now, was that the same position you were in with Mr. Parlanti when he banged your head against the adjacent wall?
A. Similar, yes.
Q If there is a difference in those two positions, can you please describe them for us?
A. When I'm by the door, his lower torso is kind of leaned in against me, like he's braced against my body from the waist down. And on the other wall, he's more aligned with me.
Q More aligned with you?
A. Yes. Q So he's not pressed up against you?
A. Not as much as he was by the door. By the bulletin board.
Q Ma'am, on the adjacent wall, on that --on that incident, was he --was his lower body touching your body?
A. Yes. Q Was it pressing against you or just touching?
A. Touching.
Q And that's a difference between the way on the bulletin board because the bulletin board, it's your testimony that he was actually touching your body with his lower body, correct?
A. Yes. Q Pressed against you?
A. Yes.
Q And in the position that you were in on the adjacent wall, that's how he was banging your head against the wall?
A. Yes. Q So he's within approximately six inches of you at
the most when he's banging your head against wall, correct? MR. ROMERO: Objection. Asked and answered. 352. THE COURT: Sustained. Q (By Mr. Bamieh) On the adjacent wall, he's within
six inches of you when he's banging your head; is that correct?
A. Yes.
Q Ma'am, you testified on redirect examination about screaming and thrashing or rocking when Mr. Parlanti, as you've testified, had his hand in your anus; is that correct?
A. Yes.
Q When you say screaming, you mean at the top of your lungs; is that correct, ma'am?
A. As best as I could, yes. Q As loud as you could at that time, correct?
A. Yes. Q Ma'am, on redirect examination, Mr. Romero asked you
about how many times your head was banged into the wall. Do you remember those questions, ma'am?
A. Yes.
Q You replied to Mr. Romero "at least 30." Is that -- do you remember your testimony that way, ma'am?
A. Yes. Q Did you mean by that, ma'am, that there was at least
30, there could have been more, but there wasn't less? Is that what you meant by that, ma'am?
A. That's exactly what I meant, yes.
Q And when you described at least 30 times as to your head banging against the adjacent wall, did you mean the same thing; meaning at least 30, there could have been more, but not less?
A. Correct.
Q And when you testified to being kicked on redirect examination at least ten times, did you mean, once again, at least ten times; it could have been more, but not less?
A. Could have been more, yes. Q But not less, correct?
A. Not less.
Q Ma'am, you testified on redirect examination that you didn't remember whether or not you told the police that there was blood on the mattress.
Do you remember testifying to that?
A. Ask me that again, please.
Q On redirect examination, you testified that when the police came to your apartment, you did not remember if you told them about the blood on the mattress.
Do you remember testifying like that, ma'am?
A. Yes.
Q Ma'am, isn't it true that you told Officer Fullerton that you believed it was Mr. Parlanti's blood on the sheets on the bed?
MR. ROMERO: Objection. Asked and answered on
cross-examination. THE COURT: Overruled.
A. I do not remember.
Q (By Mr. Bamieh) Do you remember telling Officer Reilly that Mr. Parlanti bled on the sheets of the bed? It was Mr. Parlanti's blood on the sheets on the bed?
A. I do not remember. Q Ma'am, you testified on redirect examination that every day or --withdraw that.
You testified on redirect examination it was your understanding Mr. Parlanti ran five to ten miles when he was working out?
A. Five miles.
Q Five miles. Five miles when he was working out. Was that every day, ma'am?
A. Most every day, yes.
Q Between the 29th of June and the 16th of July, did you see Mr. Parlanti going out for runs or to the gym?
A. I have no idea. Q But his pattern was to run --was it daily? Was
that your understanding, ma'am? MR. ROMERO: Objection. Asked and answered. 352. THE COURT: Overruled. It's covered on redirect. THE WITNESS: Please ask again. Q (By Mr. Bamieh) Sure. Ma'am, Mr. Parlanti's
pattern was to run five miles a day; is that correct?
A. No. Q What was your understanding of his pattern of
running?
A. He takes at least one day off a week.
Q So, his pattern was to run at least six days a week of about five miles each time?
A. Yes, every other day.
THE COURT: We are going to take the afternoon recess at this time. Ten minutes, folks. Between now and the time you come back to court, please don't discuss the case or form or express opinions or conclusions about it.
Ms. White, you can step down. We will see you in ten minutes, please. Counsel, I'll talk to you at bench, please. (Jurors exit courtroom.) (Off record - Recess.) --oOo--
(Jurors enter courtroom.)
THE BAILIFF: Remain seated. Come to order, please.
THE COURT: We are back on the record in the case of People versus Parlanti. We have all jurors, both counsel and the defendant and the witness.
You can resume your recross.
CONTINUED RECROSS EXAMINATION
BY MR. BAMIEH: Q Ms. White, when we left off, you testified that
Mr. Parlanti ran five miles every other day; is that correct?
A. Yes.
Q And the days in between, he would swim; is that correct?
A. Correct.
Q And the swimming would be approximately three miles; is that correct?
A. I'm not sure how far --how long --how far he swam.
Q But you understood it to be a great distance; is that correct?
A. Yes.
Q You testified on redirect examination that you heard Mr. Parlanti listening to a recording of you speaking to your mother; is that correct?
A. Yes.
Q And do you remember the date approximately or the month approximately that you heard this recording?
A. I believe it was in the month of May.
Q And you heard him listening to his off his computer or off a tape?
A. Off his computer.
Q And did you watch him listen to it or just listened -- or just heard this?
A. I heard it while I lay in bed. I heard my voice and my mother's voice.
Q And so you --how do you know he was listening to it off his computer?
A. Because I got up and went to my restroom that was
directly across the hall from the office. And when I walked by the door to get a drink, he was sitting at the desk listening to it.
Q When you walked by the door to get a drink.
So, you went to the kitchen area?
A. Yes.
Q And then as you are walking back, you are still listening to it?
A. Yes.
Q And did you ever --you had access to his computer; isn't that correct?
A. Yes.
Q And when he would work and go on business trips, he went on business trips between May and June 29th, didn't he?
A. Yes.
Q And during that time, did you go onto his computer and try to find the programs or the recordings that he had of you and your mother speaking?
A. No.
Q Mr. Romero, on redirect examination, asked you about a statement you made at the preliminary hearing regarding taking out the trash.
Do you remember that, ma'am?
A. Yes.
Q The day he had asked you a question between --the question was posed that the date that you took out the trash was between June --June 29th and July 16th.
Do you remember that's how the question was posed,
ma'am?
A. I believe so, yes. MR. BAMIEH: May I approach? THE COURT: Yes. MR. BAMIEH: Approaching with page 55, Mr. Romero. Q (By Mr. Bamieh) Ma'am, pointing you to page 55,
question four, I'm going to give you a chance just to read down a bit.
A. Right here? Q No.
A. Oh, I'm sorry. Okay.
Q Isn't it true, I put the time period between June 30th and July 16th of '02?
A. Yes.
Q In reference to the times you may have occasionally taken out the trash?
A. Yes.
Q Okay. The time period was -- you were asked between June 30th and July 16th, correct?
A. Yes.
Q And it was during that time period, ma'am, that you ran or bumped into your neighbor by the laundry room; isn't that correct?
MR. ROMERO: Objection. Exceeds scope of redirect. THE COURT: Overruled.
A. I believe so, yes.
Q (By Mr. Bamieh) Do you remember the date approximately when you ran into your neighbor at the laundry
room, the female? If --the calendar will assist you, ma'am...
A. Pardon?
Q If the calendar would assist you in determining that date when you saw your neighbor at the laundry room.
A. I'm not sure. It may have been on the 3rd. I'm not positive.
Q Do you want to approximate a range between the 3rd and another date?
A. I don't know, sir. Q Do you believe --
A. I'm sorry. Q Do you believe it was the -- on the 9th?
A. I don't remember. MR. BAMIEH: Okay. Thank you.
I have no further questions, your Honor. THE COURT: Further direct. MR. ROMERO: No further questions, your Honor. THE COURT: Any reason why the witness should not be
excused? MR. BAMIEH: I would like to reserve that for outside the jury's presence.
THE COURT: All right. We will have the witness remain on call. Ms. White, thank you for testifying. You can step down at this time. However, you remain subject to recall during the trial. If that becomes necessary, you will be contacted.
THE COURT: Mr. Romero, you can call your next witness.
MR. ROMERO: People call Sandra Lavagnino. THE BAILIFF: Face the clerk and raise your right hand and be sworn.
THE CLERK: Do you solemnly swear that the testimony you're about to give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?
THE WITNESS: Yes, I do. THE CLERK: Please be seated. Please state and spell
your full name for the record. THE WITNESS: S-A-N-D-R-A, Sandra D., L-A-V-A-G-N-I-N-O. THE COURT: The spelling on your last name again, ma'am. THE WITNESS: L-A-V-A-G-N-I-N-O. THE COURT: Thank you. You may inquire.
SANDRA LAVAGNINO, called as a witness by the People, was examined and testified as follows:
DIRECT EXAMINATION
BY MR. ROMERO: Q Ms. Lavagnino, do you know Carlo Parlanti?
A. Yes, I do. Q How do you know him?
A. We had a relationship beginning February '98 that
lasted, uhm, I think the latter part of 1999. Q And this dating relationship, where were you living
at that time?
A. The last three months of the relationship, we lived
together. Q In what city?
A. In Monterey, California.
Q And so, prior to that, you had your own separate residences?
A. Yes, I did.
Q During your relationship with Mr. Parlanti, was he physically violent with you?
A. Yes, he was. Q Are you having a hard time testifying today?
A. Yeah. It's not easy.
Q As you sit here in court testifying, are you fearful of Mr. Parlanti?
A.
Q correct?
A.
Q name is?
A. Q
Yes, I am. And your last name is no longer Lavagnino; is that
That's correct. Do you want Mr. Parlanti to know what your true last
No, I do not. Do you remember the first time Mr. Parlanti was
physically violent with you?
A. Yes, I do. Q When was that?
A. I can't remember dates. Uhm... it was awhile. It was about five years ago. We had moved in together, and, uhm,
we had had people over for dinner. And after dinner, there was drinking going on.
Q Do you recall what Mr. Parlanti was drinking?
A. Yes, he was. Q What was he drinking?
A. He was drinking wine.
Q In your relationship with him, was that his drink of choice?
A. That was one of his drinks of choice. Q What happened after he drank the wine?
A. Our company left, and I can't remember the whole gist of the conversation, but he said something very rude about my ex-husband.
Q What happened after that?
A. Well, I -- I said, "You don't even know him. How
could you say that?" Q And how did Mr. Parlanti react to that?
A. He slapped me across the face. Q Did he do anything else to you physically?
A. Yes, he did. Q What did he do?
A. He picked me up, and he threw me in the sink in the
kitchen, and he hit me over the head with a colander. Q How many times?
A. Once.
Q Did he do anything else to you after hitting you on the head?
A. He ripped my dress off and he burned it.
Q When you say he burned it, what did he do?
A. He lit it on fire.
Q After that, do you recall another time in your relationship with Mr. Parlanti where he was physically violent with you?
A. There were many times. Q What's the next one that you recall?
A. There were times when he would wake me up out of a sound sleep and, uhm, one time in particular, he, uhm, he got a gallon of water out of the refrigerator, and he poured it all over me while I was in bed.
Q Were you sleeping?
A. I was sleeping.
Q Before he did that, was there any argument between you and him?
A. There was not, but I knew he was drinking, and I was pretty much walking on egg shells around that time, and I would just go to bed when I knew that trouble was imminent.
Q Were you particularly fearful of Mr. Parlanti when he was drinking?
A. Only when he was drinking. He was a perfect gentleman otherwise.
Q Do you recall another incident when Mr. Parlanti brought some knives into the bedroom?
A. Yes, I do. Q What happened then?
A. He took all of the knives out of the knife block in the kitchen, and I was in bed, and he threw them at me.
Q While you were lying in bed?
A. While I was lying in bed. Q Do you recall him making any statements to you?
A. He said, "Why don't you just go ahead and kill me."
Q Was there an argument before you went to bed that night?
A. Not that I recall. Q Was this something out of the blue?
A. To me, it was. Q Did you pick up any of those knives?
A. No, I did not.
Q Did they --how did the knives get out of the bedroom?
A. He took them out.
Q At any point during your relationship, did Mr. Parlanti strangle you?
A. Yes, he did.
Q Approximately how many times do you remember in your relationship that he did that?
A. I can remember at least three.
Q Do you recall if, at any time that he strangled you, if he said anything to you?
A. If he did, I don't know. I can't remember.
Q Do you recall if, at any one of those times where he strangled you, if he knocked you to the ground?
A. Yes, he did. Every time.
Q Did you have any difficulty breathing that you recall when he strangled you?
A. I'm sorry. Say again?
Q Do you recall at any time you had any difficulty breathing when he was strangling you?
A. Of course. He was strangling me.
Q Did you --do you recall if at any point you lost consciousness?
A. The last time that he strangled me was --I did lose consciousness because I woke up in the bathroom.
Q Do you remember any incidents where Mr. Parlanti strangled you and then threw you out of the apartment?
A. Yes, he did. He strangled me and he threw me out
naked in the hallway. Q Is this a different episode from when you recall --
A. Yes, it was. Q -- okay, I'm sorry. You might need to let me finish my question.
Is this a different incident than you recall when you woke up in the bathroom?
A. Yes, it is.
Q The incidents that you've been describing, do you recall over what period of time they took place in your relationship?
A. The last three months.
Q Before that, was Mr. Parlanti ever physically violent with you?
A. Never. Not until I moved in with him.
Q At any point during your relationship with Mr. Parlanti, did you call the police to report what he was
doing?
A. Not during the relationship, I did not. Q Why didn't you call the police?
A. Because I was fearful.
Q Were you afraid of what Mr. Parlanti would do to you?
A. Yes.
Q Do you recall if, during your relationship, if Mr. Parlanti was in physically good shape?
A. Yes. He was always in physically good shape. Q Would you consider him a strong individual?
A. Absolutely.
Q Do you remember the last incident of physical violence between you and Mr. Parlanti?
A. Yes. Q What happened that time?
A. He again woke me up in the middle of the night and accused me of calling him a pig and was mentioning things that had never happened. And I said, "Carlo, that never happened." I said, "Maybe --maybe you're dreaming, but those things never happened." And he just went into a rage, and he started throwing me around the room, and it ended up in the bathroom where he was choking me.
Q Did you lose consciousness at that time?
A. Yes, I did.
Q Is this the same incident that you testified earlier where you regained consciousness in the bathroom?
A. Yes.
Q During this time, were you in love with Mr. Parlanti?
A. Yes, I was. Q Did Mr. Parlanti tell you he loved you?
A. Yes, he did.
Q Aside from the physical violence that took place between you and Mr. Parlanti when you moved in with him, was there a difference in his demeanor from when you initially started dating him to the time you moved in with him?
A. Yes, there was. Q Can you describe that?
A. He was a perfect gentleman. He woo'd me. Q How did he do that?
A. He cooked for me. He read me poetry. He was just very tender and loving.
Q During your relationship with Mr. Parlanti, was he sexually abusive with you?
A. Yes, he was. Q What do you mean by that? MR. BAMIEH: Objection, your Honor. THE COURT: Grounds? MR. BAMIEH: May we approach? THE COURT: Yes.
/// (Bench conference held off the record.) /// THE COURT: Thank you, counsel. The objection is overruled.
MR. ROMERO: I'll withdraw my question and ask another
question, your Honor. THE COURT: A more specific question, please. Q (By Mr. Romero) Ms. Lavagnino, can you give me a
specific instance where Mr. Parlanti was sexually abusive?
A. He demanded anal sex, and he would bite during sex. Q Would he bite you in a particular location?
A. On my back.
Q Do you recall if at any time when he would bite you if he would leave any bruising or marks?
A. Always.
Q Do you recall if during these times where he would bite you, if he laughed while he was doing this?
A. I don't recall. Q Do you recall if biting you would sexually arouse
him? MR. BAMIEH: Objection. Calls for speculation. THE COURT: As phrased, it may. Sustained. Q (By Mr. Romero) Do you recall any other specific
instances of sexual abuse by Mr. Parlanti?
A. It just always felt that way in the end.
Q Can you give me an approximate number of how many times he demanded anal sex from you?
A. I couldn't even say. THE COURT: I'm sorry, ma'am. I can't hear you. THE WITNESS: I couldn't even say. I mean... I --I
lived with him for three months. And most of the time -- can I say, 90 percent of the time.
Q (By Mr. Romero) Do you recall if at any time while you lived with him he tried to place his hand in your anus, if you recall?
A. No.
Q Do you recall at any time while you lived with him that he placed his hand in your vagina?
A. Yes. Q Approximately how many times did he do that?
A. We had sex. What are you talking about? I mean...
Q Were there times when he did that that you did not want him to?
A. Yes.
Q Approximately how many times do you recall that happening?
A. I can't recall. Q Are you having a hard time discussing this matter?
A. Yeah.
Q Ms. Lavagnino, the District Attorney's Office paid for your plane ticket here; is that correct?
A. That's correct.
Q And the District Attorney's Office is paying for a hotel room for you; is that correct?
A. Yes, they are.
Q Does the fact that we have paid for that in any way influence your testimony today?
A. Absolutely not.
Q After you moved out of the apartment you shared with Mr. Parlanti, did you continue to see him?
A. I saw him a couple of times after.
Q During that time, did you engage in sexual relations with him?
A. I did. Q Can you give me an answer as to why you did that?
A. I loved him, and he told me he was going through
counseling. Q Did he tell you he was going to change?
A. He told me he had changed. Q And you wanted to believe him?
A. I wanted to believe him.
Q At some point, did you terminate your relationship with him completely?
A. I did.
Q Do you recall anything happening between you and Mr. Parlanti after your relationship was completely over?
A. Yes, I do. Q What do you recall? MR. BAMIEH: Object, your Honor. Ask to approach,
please. THE COURT: All right. /// (Bench conference held off the record.) /// THE COURT: All right. Thank you, counsel.
Ladies and gentlemen, I'm going to ask you to step out in the hallway and wait there until you are summoned by the bailiff. Between now and the time you come back to court,
of course, please don't discuss the case or form or express opinions or conclusions about it.
(Jurors exit courtroom.)
THE COURT: Gentlemen, there's a gentleman that's been seated in the audience side of the courtroom that just left with the jurors.
Do either of you know who he is? MR. BAMIEH: I think it's Mr. Whitney. He is not a witness in the matter. He's a friend of Mr. Parlanti. THE COURT: Is there some reason you're aware of he exited with the jurors? THE BAILIFF: He had a cell phone he was looking at. I'm assuming he's going use that. THE COURT: All right. Thank you.
We are on the record outside the presence of the jurors who have left along with Mr. Whitney, evidently. And since there's a question as to whether what was said to the witness may or not be admissible, I'm going to ask you to, in a 4O2 fashion, elicit from the witness what she's going to say about the alleged tire slashing incident.
Let's get right to the point, Mr. Romero, on that.
MR. ROMERO: Okay. /// /// /// /// ///
DIRECT EXAMINATION, having been called as a witness by the People, pursuant to Evidence Code Section 402, was examined and testified as follows:
BY MR. ROMERO: Q Ms. Lavagnino, did you have your tires slashed?
A. Yes, I did.
Q Did there -- the next day, did you receive a phone call?
A. Yes, I did. Q From whom?
A. From Carlo. Q Did you call him or he called you?
A. I called him and he said, "I was going to call you. Did you receive my message?"
Q During that conversation, did you talk about your tires being slashed?
A. I did. He said, "Why are you calling me?" Q And what did you say?
A. And I said, "Because all four of my tires were slashed last night, and I wonder if you knew anything about that."
Q And what did he say?
A. He said, no, he did not. Q And then what did you say after that?
A. I said, "Carlo, somebody saw you do it." Q And what did he say?
A. He admitted it. He told me to please not turn it
into the police and that he would pay for them. Q And did he, in fact, pay you?
A. He did. MR. ROMERO: No further questions, your Honor. THE COURT: Cross-examination on these points.
CROSS EXAMINATION
BY MR. BAMIEH: Q Ma'am, excuse me, ma'am. Hello. My name is Ron Bamieh, okay? Ma'am, you said when you called Mr. Parlanti, he initially denied it; is that correct?
A. Yes, he did.
Q And then when, after the denial, you told him that you had people who saw him do it; is that correct?
A. Yes, I did. Q Is that correct?
A. Yes. Q And that was fictitious; is that correct?
A. Yes.
Q And at that point, he said, "Do not turn me into the police. I will pay for it"?
A. Yes.
Q And so, when he admitted it, he admitted it while offering to pay for it; is that correct?
A. Yes. He said that he did it, and that please don't
call the police. He would pay for them. Q Okay.
A. Is that what you are asking?
Q What I'm saying is that he admitted it by offering to pay for the tires and telling you not to call the police; is that correct?
A. No. He actually said, "Yes, I did do it and I'm sorry," and, "Please don't call the police." He admitted to doing it.
Q And, "I'll pay for it"?
A. Yes. Q All in the same part of his conversation, correct?
A. Yes. MR. BAMIEH: Okay. Thank you. THE WITNESS: You are welcome. THE COURT: All right. Redirect on these points.
REDIRECT EXAMINATION
BY MR. ROMERO:
Q Do you remember him making two distinct statements; one being, "Yes, I did it," and the second one being, "I'll pay for it"?
A. Yes. Q No further --
A. Yes, and he apologized. MR. ROMERO: No further questions, your Honor. THE COURT: Anything else on this point?
MR. BAMIEH: No, your Honor. THE COURT: All right. Thank you, ma'am. You can stay in your seat. Argument, gentlemen?
MR. ROMERO: Your Honor, I believe that I can elicit everything up to "I will pay for it." I think the witness can testify that the defendant admitted that he had done it and not to report him to the police. I can leave out -- I won't ask questions about him offering to pay. I think they are two separate statements.
THE COURT: Any objection to that, Mr. Bamieh?
MR. BAMIEH: Yes. I believe the admission, the statement that he did it, is part of the offer to settle and therefore would not be admissible.
THE COURT: All right. Based on the evidence, it sounds like they are two distinct statements. If you can characterize it as an offer to settle, I don't think a request that one not contact the police to report a crime is an offer of settlement. Even if it were, these statements are visible and the People are not seeking to introduce the offer of payment.
So, your objection is overruled. The admission to the tire slashing is admissible. Let's bring the jurors back in.
MR. ROMERO: Did you get this, Ms. Lavagnino? No mention of him offering to pay for the tires.
THE COURT: Gentlemen, before we resume, would you approach the bench please.
///
(Bench conference held off the record.) ///
(Jurors enter courtroom.)
THE COURT: All right. Thank you. We are back on the record now with all of the jurors, our witness, both counsel and the defendant.
You can resume your direct examination, Mr. Romero.
CONTINUED DIRECT EXAMINATION
BY MR. ROMERO:
Q Ms. Lavagnino, some time after ending your relationship with Mr. Parlanti, did you have your tires slashed?
A. Yes, I did. Q Did you call Mr. Parlanti the next day?
A. I did. Q Did you ask Mr. Parlanti about that?
A. Yes, I did. Q What did Mr. Parlanti initially tell you?
A. I asked him if he knew anything about it, and he
said no. Q What did you say in response to that?
A. I said, "Carlo, somebody saw you do it." Q And what did he say?
A. He admitted it. He said, "I did. I'm sorry." MR. ROMERO: No further questions, your Honor. THE COURT: Cross-examination.
CROSS EXAMINATION
BY MR. BAMIEH:
Q Hello, ma'am. Ma'am, at the time you said that when Mr. Parlanti wasn't drinking, he was a perfect gentleman; is that correct?
A. Yes, it is. Q The --you have two brothers, who are police
officers; is that correct, ma'am? MR. ROMERO: Objection. Relevancy. 352. THE COURT: Overruled. You can answer.
A. Yes, I do.
Q (By Mr. Bamieh) And they were police officers at the time of your relationship with Mr. Parlanti, correct?
A. Yes, they were.
Q After you left Mr. Parlanti, you continued a dating relationship with him for a short period of time, correct?
A. After I left him, we saw each other twice.
Q Okay. And during those times, you were intimate with him; isn't that true, ma'am?
A. Yes, I was.
Q Ma'am, you testified that at the time of the events, you did not report them to the police; is that correct?
A. I did not.
Q You later were contacted by Ms. Sandra Hollingsworth. Do you remember that?
A. Yes, I do.
Q She asked you to give a statement to the police; is that correct?
A. Yes. Q And you did, didn't you, ma'am?
A. Yes, I did.
Q And you documented it to the police or talked to the police about some of the things you testified to here today in court, correct?
A. Correct.
Q And within describing, you said that frequently Mr. Parlanti asked you for anal sex; is that correct?
A. I said frequently he demanded it.
Q And at the time you spoke to the police in Monterey, you said that you consented to that type of sexual activity; isn't that correct?
A. I don't remember that.
Q Did you claim that he had attacked you to have anal sex with you?
A. No.
Q Do you remember saying that at the time you didn't like it, but you agreed to it because you wanted to make him happy?
A. That would definitely be the case. Q And that's the truth, isn't it?
A. Yes.
Q You didn't enjoy it, but you did it to make him happy.
A. Yes, I did.
Q On the tires, ma'am, Mr. Parlanti paid for those tires; is that correct?
A. Yes, he did. MR. BAMIEH: Thank you. I have no further questions. THE COURT: Redirect.
REDIRECT EXAMINATION
BY MR. ROMERO:
Q Your two brothers who are officers, did you ever talk to them about --
A. I did not. Q Were you afraid to tell them?
A. Yes.
Q Were you afraid to talk to anyone about what happened?
A. Yes, I was. MR. ROMERO: No further questions, your Honor. THE COURT: Recross. MR. BAMIEH: No, thank you, your Honor. THE COURT: Any reason why the witness should not be
excused? MR. BAMIEH: Not by us, your Honor. MR. ROMERO: Not by the People, your Honor. THE COURT: Ms. Lavagnino, thank you for testifying. You
may step down. You are excused as a witness from this trial.
Gentlemen, based on our earlier conversations, was there one other witness that's been waiting to testify that we can deal with today?
MR. ROMERO: No, there's not, your Honor.
THE COURT: All right. Any other witnesses ready to go for today?
MR. ROMERO: Not today, your Honor.
THE COURT: All right. Let me talk to you here at the
bench, please. /// (Bench conference held off the record.) /// THE COURT: Thank you, counsel.
Ladies and gentlemen, we will resume the trial with the jurors at 9 o'clock in the morning. Between now and the time you come back to court, please don't discuss this case, please don't form or express opinions or conclusions about it. Have a nice evening. See you at 9:00 in the morning.
(Jurors exit courtroom.)
The record will show the jurors have left the room. We are proceeding outside of their presence.
Mr. Romero.
MR. ROMERO: Your Honor, Mr. Bamieh, at the bench right now indicated that he wants to call a doctor. First time I'm hearing about it, so I'm going to make my initial objection.
He indicated earlier today that he was considering calling Norm Fort; again, first time I've heard about it. So, I'm going to object to --I would like an offer of proof.
THE COURT: Sounds reasonable, Mr. Bamieh.
MR. BAMIEH: Okay. As to Mr. Fort, or a similarly situated expert, blood alcohol expert, just to testify as to a person of my client's height and weight drinking four liters of wine over the course of four hours -- or I think it was five hours, I have to go back and look at my notes -- what his blood alcohol level would be and what the anticipated physical results would be. That is the whole extent of that testimony.
As to the doctor, I talked to a doctor -- can't find his name now -- last night, who is an internist out of Encino to testify as to what injuries would occur to somebody if they had a fist fully inserted in their vagina by a grown man and then his hand opened and, I guess, what the injuries would be to, similarly or the same, with four fingers now into the anus and moving around, and also what type of --how bruises heal and how long it takes, and potentially as to the x-rays -- he hasn't looked at the x-rays, yet. And I would like this -- get him to come to court and look at the x-rays, but those are the areas he would be testifying as to.
THE COURT: All right. And the doctor's name is?
MR. BAMIEH: Uhm, I don't have it with me. I spoke to him last night for the first time. I do have with me, actually; I just have to find it somewhere. It's Noble is his last name. Dr. Noble. And he's out of the Valley.
THE COURT: All right. Are you saying that you're
objecting both to Mr. Fort and Dr. Noble?
MR. ROMERO: I am, your Honor. First, I've had no notice other than today. I did move in my opening brief, my trial brief, that the defense not be allowed to produce any evidence because they have --they did not produce any discovery to me. The information that Mr. Fort may testify is not something new. This is testimony that this witness gave at the preliminary hearing and statements that she gave to the officers in 2002 regarding the defendant's consumption of alcohol --
THE COURT: I'm not asking you to argue your point at this time. I'm just trying to find out if there is an objection or --
MR. ROMERO: There is.
THE COURT: Okay. When would you be planning on calling Fort and Dr. Noble if you are permitted to do that?
MR. BAMIEH: When I start my case. Or if I have to take them out of order, I would take them out of order.
THE COURT: Okay. When do you expect to rest your case, Mr. Romero?
MR. ROMERO: I hope to be done by Thursday.
THE COURT: Today is Tuesday. That gives us two days to size up the situation with the defense. I think a decision today would be a little premature. You really haven't been forwarded information as to what Fort would say or Noble would say, right?
MR. ROMERO: Correct.
MR. BAMIEH: I haven't spoken to Mr. Fort or a similarly
situated alcohol expert, but based on my knowledge of the field, I anticipate that they would testify to a blood alcohol level in the high threes, low fours. I anticipate that would be pretty close to what the testimony is, based on how I understand you calculate it. The... that would be basically it.
THE COURT: The question is not what you think the witnesses are going to say. The question is what are they going to say.
MR. BAMIEH: Well, I've spoken to Dr. Noble, and he has explained to me that there would be severe trauma in the vaginal area if that occurred. There would possibly be internal injuries if that occurred as to the full fist in the vagina with the hand opening. He also told me about -- that bruises like this would not heal in that period of time. They would still be visible in the time period -- he gave the explanation of how bruises heal.
THE COURT: Okay. Well, the People are on notice, the Court is on notice that the defendant would like to do this. I think a decision does not need to be made tonight on this -- on this record. Perhaps there will be more information forthcoming or the defendant may change his mind. I don't know.
MR. BAMIEH: Finally, your Honor, I'm going to object to the last witness' testimony as to -- I want to do this on the record as to -- she testified as to improper vaginal touching, which was not disclosed in the moving papers by the People. It's not in the discovery anywhere. First I've heard of it
was here in court as to this improper vaginal touching, as she described it.
Same as towards Mr. Parlanti touching with his hand her anus, not disclosed anywhere and not in the moving papers and not in the discovery. So, I'm putting in my objection, and then I'll speak to my client as to what legal step we should take.
THE COURT: I don't think there was an objection to those particular things at the bench. It wasn't certainly up in court. You objected generally to the witness being allowed to testify to any sexual violence, but I didn't hear or I don't recall a specific objection to the testimony about the defendant's hand coming in contact with her anus or the vaginal touching. Did I miss it?
MR. BAMIEH: No. I did not say that at the bench, your Honor, but I did say there is --the sexual violence that Mr. Romero, when he asked the question -- when he approached, I said -- I basically made my points, and I'm being very specific on my points on the record now.
THE COURT: Okay. All right. Well, you and the defendant can confer on that about what, if anything, you want to follow that up with. I haven't heard from the People yet on your objection.
MR. ROMERO: Just that I believe it was waived. There was no objection when I asked the questions, the specific questions of the witness on the stand. It was waived.
THE COURT: All right. We are going to recess for the evening. I'll see everybody at 9 o'clock in the morning.
Make sure you are on time. Have a nice evening; see you in the morning.
--oOo--
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF VENTURA
COURTROOM 26 HON. JAMES P. CLONINGER, JUDGE
THE PEOPLE OF THE STATE OF
CALIFORNIA,
))))))))
Plaintiff,
vs. No. 2002026651 Reporter's CARLO PARLANTI, Certificate
))))
Defendant.
Copies of this transcript are not certified and do not conform with the provisions of Government Code Section 69954(d) For to have the certified copy contact:
I, Erika A. Sjoquist, CSR 12350, RPR, Certified Shorthand Reporter of the State of California, for the County of Ventura, do hereby certify that the foregoing pages numbered 1 through 181, inclusive, are a full, true, and correct transcript of the proceedings held on DECEMBER 13, 2005, in the above-entitled cause.
Dated at Ventura, California, this _____ day of _______________, 20____.
ERIKA A. SJOQUIST, RPR, CSR 12350 Official Reporter
*Please Note: Copies of this transcript are not certified and do not conform with the provisions of Government Code Section 69954(d) unless they bear the original signature of Erika A. Sjoquist.