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ARRINGA DIFESA A CURA DI MR. BAMIEH

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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.

CARLO PARLANTI,

Defendant.

____________________________________

Case :

No. 2002026651

This is an extract from what appened

FRIDAY, DECEMBER 16, 2005

In front a:

 GILBERT ROMERO

Deputy District Attorney

the Defendant: RON BAMIEH

Attorney at Law

Official Reporter


  1.                                 VENTURA, CALIFORNIA; FRIDAY, DECEMBER 16, 2005

  2.                                                     --oOo--

  3.                            (Proceedings were had and reported, but not transcribed

  4.                                                       herein.)

  5.  


Pag.2


Pag.3 


Pag.4

  1. Now, this is what I must prove to you beyond a

  2. reasonable doubt. Count 1 alleges the unlawful sexual

  3. intercourse. In order for me to prove beyond a reasonable

  4. doubt that he is guilty, I need to prove there was an act of

  5. sexual intercourse by two people who were not married, the

  6. intercourse was against the will of Ms. White, and that it was

  7. completed by means of force, violence, duress, menace or fear

  8. of immediate and unlawful bodily injury. That's what I must


Pag.5

  1. prove. If I prove beyond a reasonable doubt those four

  2. things, the defendant is guilty.

  3. Count 2, this is what I must prove beyond a

  4. reasonable doubt. I must prove that the defendant willfully

  5. inflicted bodily injury upon Ms. White, and the bodily injury

  6. resulted in a traumatic condition. What a traumatic condition

  7. is, it's an injury. Did she have an injury as a result of

  8. being struck by the defendant?

  9. Count No. 3 is false imprisonment. This is what I

  10. must prove. The defendant intentionally and unlawfully

  11. restrained, confined or detained Ms. White, compelling her to

  12. stay in her bedroom; Ms. White did not consent to the

  13. restraint, confinement or detention; and the restraint,

  14. confinement or detention was accomplished by violence or

  15. menace.


Pag.6


 


 

 Pag.7

 

  1. Now, Ms. White -- I told you in my opening statement

  2. that Ms. White was very dependent on the defendant, and that

  3. is abundantly clear throughout the trial. She was dependent

  4. on his affection, his validation, and she did everything she

  5. thought she could to make him happy, and she let Mr. Parlanti

  6. do what he wanted. She let him talk to other women. She let

  7. him possibly go on business trips and be with other women, and

  8. she kind of just accepted it as part of the relationship.

  9. Now, Ms. White is who she is. Prosecutors don't get


Pag.8

  1. to choose who victims of crime are.

  2. The defendant,fancies himself a Romeo.

  3. He likes to go out and meet women. He likes to talk to women.

  4. He likes the way women make him feel. In fact, Ms. De Barra flew from

  5. Ireland and told you that in a six- to seven-week relationship

  6. with the defendant, she had him move in, into her apartment in

  7. Ireland, and she thought he was a perfect gentleman, greatest

  8. guy in the world; so much so that she allowed him to move in


Pag.9

  1. with her even though she knew he had a girlfriend in Italy.

  2. That's how charming he was.

  3. Well, that relationship only lasted a few weeks, and

  4. Mr. Parlanti did not get an opportunity to follow through with

  5. his pattern of behavior of first enchanting and entrusting,

  6. and then given the opportunity to exert the power and control.


Pag.10
 

 


Pag.11

.


 


Pag.12
 

  1. Clarence Darrow was a famous, early 20th-century

  2. attorney, and he represented John Scopes, Scopes' monkey trial

  3. is probably his most famous case. He was a criminal defense

  4. lawyer and a labor lawyer. He also represented Leopold and

  5. Lowe, two well-to-do guys from the Midwest who were charged

  6. and I believe they pled guilty to killing a young guy. Those

  7. are probably his two more well-known cases, but he had a very

  8. long and distinguished career.

  9. And one of the persons he represented in about 1920

  10. was a young guy, who was accused of bombing the Los Angeles

  11. Times Building, here in Los Angeles. And the prosecution in

  12. that case had a star witness. They had a person who

  13. personally I.D.'d this defendant running away from the scene

  14. of the bombing of the L.A. Times Building.

  15. So, the district attorney's office in Los Angeles

  16. sent Mr. Darrow the statement of this witness and he read it.

  17. And sure enough, "I saw your client bombing the building, and

  18. I saw him run away." Mr. Darrow hired his investigator, and

  19. he sent this investigator out to talk to this witness. He got

  20. the report back, looked at it, same thing. Looked at the initial report

  21. that he was provided by the district's attorneys office, exact


Pag.13

  1. same thing.

  2. They get to trial. This witness gets on the stand

  3. and testifies to the exact same thing, word for word,

  4. verbatim. And Mr. Darrow got a "not guilty" for his client

  5. because he argued to the jury that is not the way things

  6. work in real life. We don't work off of scripts. Maybe in

  7. television, but in real life, we do not work off of scripts.

  8. People do not say the same exact thing, word for word, every

  9. time they talk about an event.

  10. The defense's theory is to attack Ms. White with the

  11. tiniest of details and make the record as messy as possible.

  12. We spent an inordinate amount of time in this trial going over

  13. things she said to Deputy Fullerton that were different than

  14. things she said to Deputy Reilly the next day that were

  15. different from what she faxed to Deputy Reilly on the 22nd

  16. that were different than what she testified to in the

  17. preliminary hearing earlier this year.

  18. If we were to have another hearing and had her

  19. testify again, would there be things that she said over the

  20. trial these last three days that she never said before? Yes.

  21. You can talk about something over and over and over, but what

  22. you need to look at is the core. The core.

  23. Is she being consistent with what she has said? She

  24. may not remember three years ago what happened over four to

  25. five hours. She may not be able to remember that.


Pag.14

  1. deputies were given transcripts, taped transcripts, verbatim,

  2. word for word, of what was spoken three years ago; given an

  3. opportunity to review them before they came on the stand to

  4. testify, and they couldn't remember what they were talking

  5. about. They had to keep referring to the report. And in

  6. fact, they just kept reading through the report when they were

  7. being asked questions. They weren't testifying on their

  8. memory. They were -- "Yeah, that's what it says here. That's

  9. what it says here." And I made that objection two times with

  10. both deputies. I was watching. Several questions. "Oh,

  11. yeah, that's what it says here. That's what it says here."

  12. Ms. White didn't have an opportunity to do that, to look at

  13. her transcript, taped statements, and see exactly what she

  14. said.

  15. That's what the defense is trying to do here. They

  16. are trying to get the record as messy as possible. Looking at

  17. your notes, you probably don't have an exact word-for-word

  18. exchange of what was said on the stand because it was so

  19. minuscule, so tiny, it was difficult to follow everything that

  20. was being said. The defense wants you to lose focus of the

  21. big picture by pointing out every single variation, including

  22. the most miniscule of each of Ms. White's statements, but I'm

  23. asking you, look at the core.


Pag.15
 


Pag.16
 

  1. In all of the information that was launched at

  2. Ms. White while she was on the stand for those three days, all

  3. the e-mails, all the letters that were given to her, was --

  4. was it ever stated that she said she lied? that she said she

  5. was not beaten? that she said that she was not raped? Did

  6. that ever happen? No. Ms. White never made that statement.

  7. She might have talked about it endlessly to anyone she can

  8. think of, but did she ever say she lied? that she was not

  9. raped? that she was not beaten? No, she did not.


Pag.17

 

  1. Well, we have people who came in and testified

  2. that they saw Ms. White shortly after the 29th walking slow.

  3. None of them said they saw any bruising on her face. None of

  4. them recalled that, but they do recall her walking very slow.

  5. She was not making eye contact. Couple people said she was

  6. kind of looking down. Before that, she would say "hi." She

  7. would look at them. "How're you doing?" Superficial

  8. greetings. But then remember her -- and I think it was Kevin

  9. Bunch and Sarah Campbell said, "Yeah, after the 29th, you

  10. know, she really wasn't making eye contact with us anymore.

  11. Didn't see any bruising, don't really recall any arguments,

  12. any loud noise on the 29th coming from their apartment or

  13. anywhere around that time, but I remember there was something

  14. different in her demeanor." Corroborating evidence.

  15. The photographs that Ms. White took of herself in

  16. the bathroom. She took two photographs of the bruising to her

  17. face with the disposable camera, and she kept them. During

  18. this time, she's still living with the defendant. She's still

  19. sleeping in the same bed right next to him, and she was only

  20. zip tied to him at night.

  21. During the day, he would be gone. She would be able

  22. to leave if she wanted to. Why didn't she leave? I can't

  23. answer that question. I'm sure there are profound,

  24. psychological reasons why Ms. White stayed in that apartment;

  25. why she did not just call 9-1-1; why she did not just go to a

  26. neighbors; why she didn't do a number of things. She did take

  27. pictures of herself.

 


Pag.18
 

  1. Almost three weeks later from the date of the

  2. incident, she finally does go to the sheriff's department, on

  3. July 18th, and they take photographs of Ms. White. And they

  4. also came in and testified to the best of their recollection

  5. they don't really remember seeing that type of bruising on her

  6. face or any bruising; don't really remember seeing that

  7. bruising on her face. Well, they do recall seeing some faded

  8. bruising on her arm,Jody Keller, is the one who took these photographs,

  9. and she said,

  10. "She might have had some bruising on her arm, and I think I

  11. remember seeing some bruising on her back near her ribs."

  12. Well, almost three weeks later, the bruising that

  13. she suffered faded. So when she went to the deputy sheriff,

  14. that evidence was not there at that time, but there is another

  15. injury that she had that doesn't heal like bruises, does not

  16. heal that quickly. Three weeks or so was not enough time.

  17. And what I'm talking about is the two fractured ribs that she

  18. had.

  19. On July 22nd, she goes to Doctors On Duty in

  20. Monterey, and she sees Dr. Troy Manchester, and she gets

  21. treated. And Dr. Manchester takes x-rays of her ribs because

  22. she's been complaining of this pain. She's been having

  23. problems, walking slow. The residents at the apartment

  24. complex testified to that. The sheriff's deputies testified

  25. to that, her moving kind of slow. She's got two fractured

  26. ribs. You can tell -- he can put the fractured ribs, in his

  27. opinion, as happening between two and six weeks before. July


Pag.19
 

  1. 22nd, two to six weeks before. That puts June 29, 2002 in

  2. that range. Takes a lot longer for fractured ribs to heal

  3. than it does for bruises. That is corroborating evidence.

  4. And the defense might come up and argue that: Well,

  5. she could have fractured her ribs doing a number of things.

  6. The evidence was clear that when Dr. Manchester examined her,

  7. she had no other injuries on her face. She wasn't in no

  8. recent car accident where she still -- where her ribs hit the

  9. steering wheel possibly. There was no bruising there.

  10. Corroborating evidence that the defendant beat her on

  11. June 29th.

  12. What other corroborating evidence do you have that

  13. the defendant did this to Ms. White? Sandra Lavagnino.

  14. Sandra Lavagnino came in, and she testified that the defendant

  15. was charming in their relationship when they first started

  16. dating. She fell in love with him, and she moved into his

  17. apartment. And once she was in his apartment, that's when the

  18. abuse started. She talked about lying in bed, sleeping.

  19. Defendant comes in and throws cold water on her. Other

  20. occasions, lying in bed, sleeping. Defendant comes in and

  21. flips the bed over. No apparent reason. She talks about the

  22. defendant choking her to unconsciousness. She talked about

  23. the defendant and her having a conversation and something

  24. being said, she didn't recall exactly what, but the defendant

  25. then just losing it, threw her in the sink, hit her with a

  26. colander on her head, ripped off her dress and lit it on fire.

  27. The defendant likes the power and control. He takes

  28. out his frustrations on his significant others. That's what


Pag.20
 

 

  1. he does. .

  2. Finally, what other corroborating evidence do we

  3. have? Well, Ms. White testified that the defendant left on a

  4. business trip on July 16th. She reported the incident on the

  5. 18th. Detective John Reilly testified that when he got

  6. involved in the investigation, he went looking for the

  7. defendant at Dole Foods. He testified, "I went to Dole Foods,

  8. and I talked to a couple people, one of them being a security

  9. officer there, looking for the defendant. Didn't find him

  10. there."

  11. The evidence shows -- where is the next time we see

  12. Mr. Parlanti? Katia testifies that we see Mr. Parlanti in

  13. late July or early August of 2002 back in Italy. I'll let you

  14. think about that.

  15.  


Pag.21
 


Pag.22
 

  1. Now, I admit that when she was initially asked on

  2. cross-examination about the diaries that she said, "I think I

  3. made them both at the same time the few minutes that I had

  4. before he came in and pulled me out of bed." And my response

  5. to that is: You can't expect a person who has been testifying

  6. for three days about an incident that lasted several hours,

  7. more than three years ago, to remember every little thing that

  8. happened. That's unreasonable. That is unreasonable to

  9. expect that.

  10.  


Pag.23
 

  1. What did Ms. White gain by coming and testifying for

  2. three days in this trial? She's got no lawsuit against the

  3. defendant or his company. She did not take any money from the

  4. defendant even though he gave her power of attorney over his

  5. finances. She didn't take any of his money; had the

  6. opportunity, did not do it.

  7. And in opening arguments, Mr. Bamieh actually said,

  8. "Ms. White is the one with the power in this relationship.

  9. She had the power of attorney." Well, that was before you

  10. heard the testimony. Did Ms. White have any power in that

  11. relationship? No, she did not. She didn't take his

  12. belongings. She took photographs of the apartment before she

  13. left. And in it, it has all of his belongings; his suit, his

  14. computer. You can all see it clearly there in the photograph.

  15. She didn't even take the furniture.

  16. There was an e-mail that she sent about the

  17. defendant promising to pay for her daughter's -- for her

  18. daughter's college education. And because of that, Heather

  19. should get the computers, but that didn't happen. That was

  20. Ms. White talking out of anger after what Mr. Parlanti did to

  21. her, and she's talking to everybody.

  22. She sat through several days of examination. She

  23. was asked tough questions both by the prosecution and by the

  24. defense. And she came back day after day after day and


Pag.24

  1. answered those tough questions. The defense stated in their

  2. opening statement that it was Ms. White, who was driving this

  3. investigation.

  4. Well, you heard her daughter Heather Reeves come to

  5. court and testify. And she said, "I flew out to help my mom

  6. move." Didn't see any bruising on her face; packed up her

  7. stuff, spent the night in the hotel, and drove up to Monterey.

  8. She was being honest. Was Heather Reeves being honest? Was

  9. she credible about her testimony? Did she say, "Oh, my mom

  10. was so beaten up"? No. She told you what she remembers three

  11. years ago.


Pag.25
 

  1. I'm asking you to look at the big picture. Look at

  2. all the evidence. Look at what Ms. White testified to and

  3. look at the evidence that corroborates what she said. If you

  4. consider all the evidence in this case, it's clear that the

  5. defendant beat, bound, and raped Ms. White for the simple

  6. reason is that he could. That's what he liked to do to

  7. Ms. White on this occasion.

  8. He saw Ms. White not as a person, but as another one

  9. of those things he collects. He's a Romeo, who likes to go

  10. out and meet women and talk to women and enchant them. That's

  11. what he does.

  12. Look at all the evidence. Look at the big picture.