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Michael Jackson 2005 Trial, Day 2, Part 3 | Martin Bashir — Transcript

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  1. 0:03all right you may proceed whereupon a
  2. 0:06portion of a videotape people's exhibit
  3. 0:08number two was played for the court and
  4. 0:11jury to its conclusion
  5. 0:13do you anticipate needing the screen
  6. 0:15again for a while
  7. 0:17no sir i have no further questions your
  8. 0:20honor
  9. 0:24mr bashir my name is thomas mesuro and i
  10. 0:27speak for mr jackson
  11. 0:30thank you
  12. 0:31at some point in time you made an effort
  13. 0:33to contact mr jackson about doing this
  14. 0:36show correct
  15. 0:38that is correct
  16. 0:39and approximately when was that
  17. 0:42i think it was around april 2002
  18. 0:45and you contacted someone named uri
  19. 0:47geller correct
  20. 0:49objection your honor i think mr mesuro
  21. 0:52is now straying directly into the areas
  22. 0:54covered by the california shield law and
  23. 0:56the first amendment and we would ask the
  24. 0:58court to rule that that kind of inquiry
  25. 1:00is off limits
  26. 1:02before we rule on that objection i think
  27. 1:04we need to discuss the scope of the
  28. 1:06examination here
  29. 1:08as i see it the prosecution put him on
  30. 1:10simply to authenticate the tape
  31. 1:13i suspect you would like to examine him
  32. 1:15at length based on your opening
  33. 1:17statement about a lot of things
  34. 1:20yes your honor but he does give special
  35. 1:22thanks to mr uri geller at the end of
  36. 1:24the tape and the prosecution played that
  37. 1:27tape and i think they've opened the door
  38. 1:29on that one
  39. 1:31it's not even in for the truth of the
  40. 1:32matter stated your honor
  41. 1:35i think i'll do you have him under
  42. 1:37subpoena
  43. 1:38no what i think i should do is to limit
  44. 1:41your examination of him at this time as
  45. 1:43to the foundation of the tape
  46. 1:45so that's what i'm going to do
  47. 1:48mr bashir in order to produce the show
  48. 1:50we've just watched you had to speak to
  49. 1:52mr jackson true
  50. 1:55objection your honor again this is
  51. 1:57unpublished information it's clear from
  52. 2:00the face of the tape that mr bashir
  53. 2:02talked to mr jackson and that's
  54. 2:03published material and that's the limits
  55. 2:05of the proper examination
  56. 2:08i'll overrule the objection for the same
  57. 2:10reason i stated earlier would you be
  58. 2:12more comfortable to be at council table
  59. 2:14where you have a microphone
  60. 2:17that might be helpful your honor it
  61. 2:19might be better for the jury and they
  62. 2:21won't have to see me jumping up and down
  63. 2:23i don't want i'm a little uncomfortable
  64. 2:25taking one side or the other
  65. 2:28well i think you need to take a chair we
  66. 2:31won't assume you're taking anyone's side
  67. 2:34okay thank you and your honor may i just
  68. 2:37inquire on the procedure that the court
  69. 2:39is following
  70. 2:40because the approach the court took the
  71. 2:42initial objection was to ask mr bashir
  72. 2:45to decide whether to answer
  73. 2:47and i'm reluctant to have him make that
  74. 2:48decision without knowing that i'm going
  75. 2:50to be able to argue against a potential
  76. 2:52contempt finding based on the shield law
  77. 2:55so if the court could clarify the
  78. 2:56procedures that it's following that
  79. 2:58would be very helpful
  80. 3:00well the procedure i was following was
  81. 3:03to let you make your objection
  82. 3:05then i'll ask the witness if he wishes
  83. 3:07to answer the question and we will go
  84. 3:09from there
  85. 3:11will i have an opportunity if the
  86. 3:12witness declines to answer based on the
  87. 3:14constitutional shield law protecting
  88. 3:16journalists to then argue that the
  89. 3:18material's protected and the court
  90. 3:20should not hold mr bashir in contempt
  91. 3:23of course
  92. 3:25thank you your honor
  93. 3:27your honor the prosecution did go into
  94. 3:29mr bashir's qualifications may i
  95. 3:32cross-examine in that area
  96. 3:34yes
  97. 3:35thank you your honor
  98. 3:38first of all mr bashir i did ask you a
  99. 3:41question and that question i'll repeat
  100. 3:43in order to produce what the jury has
  101. 3:44just seen you had to make contact with
  102. 3:47mr jackson correct
  103. 3:49correct
  104. 3:50and you made numerous attempts to
  105. 3:52contact mr jackson true
  106. 3:55again your honor i object on the grounds
  107. 3:57that that's unpublished information and
  108. 3:59it's also unclear from the face of the
  109. 4:01tapes that he had contact with mr
  110. 4:03jackson
  111. 4:04your honor i have correspondence from mr
  112. 4:07bashir it's pretty obvious that in a
  113. 4:09non-privileged context he was trying to
  114. 4:11make contact and say what he wanted to
  115. 4:13do
  116. 4:14the objection is overruled do you wish
  117. 4:17to answer that question mr bashir
  118. 4:20i'm going to leave it to mr bashir it
  119. 4:23puts him in a difficult position because
  120. 4:25there's a very important legal principle
  121. 4:27that's taken it does not matter whether
  122. 4:29mr mesuro claims to have correspondence
  123. 4:31or that there's other documents
  124. 4:33that's the limits of the permissible
  125. 4:36i think i understand the legal
  126. 4:38parameters
  127. 4:39information i just want to make sure i
  128. 4:41preserve the record and that the
  129. 4:44you are doing an excellent job
  130. 4:47thank you your honor
  131. 4:49your honor my preface is to simply stand
  132. 4:51by the film as you've seen it and to
  133. 4:53testify as to its
  134. 4:54contents all right
  135. 4:57i'll object your honor and move to
  136. 4:59strike his comments
  137. 5:01they were not in response to any
  138. 5:02question
  139. 5:04well actually they were a response to my
  140. 5:06question if he wanted to answer the
  141. 5:08question
  142. 5:10sorry sir that
  143. 5:12so i won't let you strike that all right
  144. 5:15he is following his counsel's advice and
  145. 5:17he's not answering that question
  146. 5:20next question
  147. 5:21your honor i would move for sanctions
  148. 5:23against the witness or i would move to
  149. 5:25strike all of his testimony including
  150. 5:27the prosecution's playing of this tape
  151. 5:29if he refuses to be cross-examined
  152. 5:32the way i would like to proceed with
  153. 5:34this is that he
  154. 5:35he does have some protection under the
  155. 5:37shield law that his counsel has been
  156. 5:39pointing out
  157. 5:41that protection is against contempt of
  158. 5:43court what i think i'll do is let you
  159. 5:45ask him the questions let his attorney
  160. 5:47make the objections let him decide
  161. 5:50whether he's going to answer and then
  162. 5:52i'll make a record we have a record of
  163. 5:54those questions and then i'll review
  164. 5:56them later to determine whether or not i
  165. 5:58feel a contempt charge should be issued
  166. 6:01it's really a ticklish area of the law
  167. 6:04thank you your honor
  168. 6:06mr bashir you outlined some
  169. 6:08qualifications you have in the world of
  170. 6:10journalism correct
  171. 6:12i didn't outline any qualifications sir
  172. 6:15i just referred to the chronology of my
  173. 6:17career
  174. 6:18did you mean when you did that to
  175. 6:20explain that you're a qualified
  176. 6:22professional journalist
  177. 6:24i meant simply to explain my career
  178. 6:26chronologically sir
  179. 6:28do you consider yourself as a
  180. 6:30professional journalist
  181. 6:32i do sir do you consider yourself a
  182. 6:35professional journalist because you've
  183. 6:36had certain experience in journalism
  184. 6:39i do sir
  185. 6:41do you consider yourself to be a
  186. 6:43professional journalist because you're
  187. 6:44educated in the world of journalism
  188. 6:47academic studies were not in journalism
  189. 6:50they were in the arts and humanities so
  190. 6:52i don't have a formal qualification if
  191. 6:54that's what you're asking sir but i have
  192. 6:56the experience that comes with working
  193. 6:58in the profession
  194. 7:00now as a journalist in england you are
  195. 7:02regulated by a certain administrative
  196. 7:04agency correct
  197. 7:06could you repeat the question
  198. 7:09sure is there an organization or an
  199. 7:11administrative agency that goes by a
  200. 7:13title somewhat like british broadcasting
  201. 7:15standards board
  202. 7:16there is an organization called the
  203. 7:18broadcasting complaints commission would
  204. 7:20you be referring to that
  205. 7:22i think i am do you work with that
  206. 7:24organization in any capacity
  207. 7:27that organization doesn't employ
  208. 7:29journalists
  209. 7:30have you been sanctioned by that
  210. 7:32organization
  211. 7:33could you repeat the question
  212. 7:36have you been sanctioned by that
  213. 7:37organization
  214. 7:39by the broadcasting complaints
  215. 7:40commission
  216. 7:42yes
  217. 7:43the answer to that question is three
  218. 7:45complaints were made against me
  219. 7:47two of the key complaints were entirely
  220. 7:49rejected and they were to do with
  221. 7:50balance and fairness
  222. 7:52one of the three was upheld this is sir
  223. 7:55just so i can explain so people
  224. 7:57understand because they
  225. 7:59certainly
  226. 8:01because they may not understand the
  227. 8:03broadcasting standards commission is not
  228. 8:05a legal body and it has no particular
  229. 8:07merit in a legal setting
  230. 8:09nevertheless a complaint against you as
  231. 8:11a journalist was upheld true
  232. 8:14as i said sir three complaints were made
  233. 8:17the two key complaints were entirely
  234. 8:19rejected one complaint was upheld of the
  235. 8:22three
  236. 8:23let's talk about the one that was upheld
  237. 8:25sir there was a complaint against you
  238. 8:27that was upheld by that agency correct
  239. 8:31there was sir yes
  240. 8:33and what did they complain about mr
  241. 8:35bashir
  242. 8:36the complaint related to to what to what
  243. 8:38to how i described what i was doing with
  244. 8:40the story that i was working on
  245. 8:43and what were you doing mr bashir
  246. 8:46i was doing journalism
  247. 8:48could you put a little teeth on that and
  248. 8:50just tell the jury what we're talking
  249. 8:51about
  250. 8:53in relation to
  251. 8:54you don't know what we're talking about
  252. 8:57do you mean the specific program sorry i
  253. 9:00don't know whether sorry i apologize are
  254. 9:02you asking me about the complaint or are
  255. 9:05you asking me about the story the
  256. 9:06reporting that i was doing
  257. 9:09why don't you tell the jury about both
  258. 9:11your honor i'm going to object mr mesaro
  259. 9:14is now inquiring about unpublished
  260. 9:16information or unbroadcast information
  261. 9:18about another matter
  262. 9:20same objection well it's a compound
  263. 9:23question sustained
  264. 9:26okay
  265. 9:27please describe for the jury the subject
  266. 9:29matter of the complaint you just
  267. 9:30identified mr bashir
  268. 9:33the story was about a teenaged prodigy a
  269. 9:36mathematics genius who had run away from
  270. 9:38university had legally emancipated
  271. 9:40herself from her family
  272. 9:42and the story was to describe what had
  273. 9:44happened from both sides
  274. 9:46you were accused of misrepresentations
  275. 9:48true no that's incorrect
  276. 9:52you were not accused of misrepresenting
  277. 9:54anything in that complaint
  278. 9:56i was accused of unfairness which was
  279. 9:58entirely rejected i was accused of
  280. 10:00breaching an agreement which was
  281. 10:02entirely rejected i was accused of not
  282. 10:05representing the entirety of what i was
  283. 10:07doing with that broadcast to one of the
  284. 10:08individuals
  285. 10:10kind of what you've been accused of here
  286. 10:12right
  287. 10:13objection
  288. 10:15argumentative your honor
  289. 10:17sustained
  290. 10:19mr bashir how long was the film you did
  291. 10:21on mr jackson
  292. 10:24the total duration
  293. 10:26yes please
  294. 10:27i'm afraid i don't know in exact terms
  295. 10:30it's some time it's over two years since
  296. 10:32the film was broadcast
  297. 10:34i think it was around an hour and
  298. 10:35fifteen minutes
  299. 10:37and how many hours of footage did you
  300. 10:39obtain during the time you spent with mr
  301. 10:41jackson
  302. 10:43objection your honor unpublished
  303. 10:45information covered by the shield law
  304. 10:47and the first amendment
  305. 10:49the objection is overruled do you wish
  306. 10:52to answer
  307. 10:53no i don't
  308. 10:55next question
  309. 10:57you don't know at all can't even
  310. 10:59estimate
  311. 11:00he doesn't
  312. 11:01that's not what i wish to answer
  313. 11:04he chose not to answer
  314. 11:06your honor i would move that the entire
  315. 11:08testimony be stricken and the
  316. 11:10prosecution's evidence be stricken
  317. 11:13that's denied
  318. 11:14i would ask for contempt your honor
  319. 11:17the procedure that i'm going to follow i
  320. 11:19already outlined
  321. 11:21okay okay for the record your honor
  322. 11:24could i have a running objection if he
  323. 11:26refuses to answer a question or shall i
  324. 11:28make my request each time
  325. 11:30no you don't need to do that let me just
  326. 11:33understand what we're having a running
  327. 11:35record about
  328. 11:37yes
  329. 11:38if he if his attorney objects and he
  330. 11:40declines to answer based on his
  331. 11:42attorney's advice i will review that
  332. 11:44question for contempt proceedings
  333. 11:46without further necessity on your part
  334. 11:48to request that
  335. 11:50your motion to strike his entire
  336. 11:52testimony and evidence is denied
  337. 11:54okay your honor could i have that be a
  338. 11:57running objection as well
  339. 11:59yes
  340. 12:00okay thank you
  341. 12:02mr bashir you communicated with mr
  342. 12:05jackson's assistant by letter before you
  343. 12:07began filming this show
  344. 12:08correct again your honor i object it's
  345. 12:12unpublished information created and
  346. 12:14prepared in the course of news gathering
  347. 12:16and covered by the shield law and the
  348. 12:18first amendment
  349. 12:20do you wish to answer
  350. 12:22no
  351. 12:23same objection your honor
  352. 12:25and all reviewed the record
  353. 12:28mr bashir you wrote to mr jackson's
  354. 12:30assistant and said you would very much
  355. 12:32like to feature michael with a large
  356. 12:34group of children around 50 welcoming
  357. 12:36them and sharing with them his
  358. 12:37extraordinary home so that for one day
  359. 12:40their lives can be enriched correct
  360. 12:43same objection your honor
  361. 12:45do you wish to
  362. 12:47your honor excuse me could i add an
  363. 12:50objection to that also beyond the scope
  364. 12:52of direct examination
  365. 12:54sustained as to beyond the scope of the
  366. 12:56direct examination
  367. 12:59mr bashir you interviewed mr jackson and
  368. 13:01repeatedly asked him questions about his
  369. 13:03desire for an international children's
  370. 13:05holiday correct
  371. 13:07same objection your honor and that would
  372. 13:10seem to be beyond the scope of the
  373. 13:11direct examination as well
  374. 13:14sustained as to beyond the scope
  375. 13:17your honor will the court permit me to
  376. 13:19ask questions about what's actually on
  377. 13:21the tape
  378. 13:22no because the tapes being introduced
  379. 13:25not for the truth of the matter asserted
  380. 13:27but for a different purpose
  381. 13:29there are some areas however that i
  382. 13:31didn't instruct the jury on about the
  383. 13:33assertions that they wish to have
  384. 13:34considered for the truth of the matter
  385. 13:37and those would not be out of bounds
  386. 13:39because well let me ask the district
  387. 13:42attorney
  388. 13:43you do not intend to offer any other
  389. 13:45evidence of those statements that were
  390. 13:46the subject of the motion to have the
  391. 13:48court consider the statements for the
  392. 13:50truth of the matter
  393. 13:52no i think we outlined in our motion and
  394. 13:54the court made its ruling last week
  395. 13:57is that what you're referring to your
  396. 13:58honor
  397. 14:00well i'm asking you this is the only
  398. 14:02evidence you're going to have of those
  399. 14:04statements so
  400. 14:06yes sir
  401. 14:08then those statements open
  402. 14:09cross-examination as to those statements
  403. 14:12do you understand what i'm saying
  404. 14:15i think i do your honor the statements
  405. 14:18you had us isolate for purposes of
  406. 14:19constituting admissions
  407. 14:22yes
  408. 14:23is what you're talking about
  409. 14:25that's correct
  410. 14:26may i take a second just to obtain those
  411. 14:29yes
  412. 14:31thank you while we're getting those your
  413. 14:33honor if i may i'll just continue
  414. 14:36sure
  415. 14:37mr beshear you had michael jackson sign
  416. 14:40an agreement without a lawyer present
  417. 14:42true again your honor beyond the scope
  418. 14:46of the direct and covered by the shield
  419. 14:47law
  420. 14:49i'd overruled that objection will you
  421. 14:51answer that question
  422. 14:53mr jackson signed two agreements in
  423. 14:55which he asked for no conditions
  424. 14:57whatsoever and agreed that i was free to
  425. 14:59make the film with him
  426. 15:00and the first of those agreements was
  427. 15:02signed in november 2002 and the second
  428. 15:04agreement was signed in january 2003
  429. 15:07just about two weeks prior to broadcast
  430. 15:09of the british version of the film that
  431. 15:11you've just seen
  432. 15:13your honor i would move to strike the
  433. 15:15answer and request that the court order
  434. 15:16the witness to answer the question
  435. 15:19all right it's stricken and i'll ask the
  436. 15:22court reporter to read back the question
  437. 15:24so that you understand the question
  438. 15:26record red
  439. 15:28i renew my objection your honor that
  440. 15:30goes to newsgathering and relates to
  441. 15:32information prepared in connection with
  442. 15:34newsgathering
  443. 15:36the objection is overruled do you wish
  444. 15:38to answer that
  445. 15:40i think i agree with my attorney that i
  446. 15:42have protections under the shield law
  447. 15:44your honor
  448. 15:46all right
  449. 15:47same objection would be noted your honor
  450. 15:50i'm sorry your honor it's hard for mr
  451. 15:53jackson and for us to hear the witness
  452. 15:56i apologize it's my fault sorry i'm
  453. 15:59sorry
  454. 16:00speak up
  455. 16:01and yes you don't need to i'm going to
  456. 16:05review all of the questions
  457. 16:07thank you your honor
  458. 16:09mr bashir
  459. 16:11if you want to you can
  460. 16:14okay
  461. 16:15mr bashir you have been accused in
  462. 16:17england of forging signatures correct
  463. 16:20incorrect no one has ever made that
  464. 16:23accusation sir
  465. 16:25i'm going to object your honor hearsay
  466. 16:28lack of foundation beyond the scope of
  467. 16:30direct examination
  468. 16:33sustained on beyond the scope of direct
  469. 16:36mr bashir to qualify as a professional
  470. 16:39journalist do you have to fulfill any
  471. 16:41particular educational program
  472. 16:44in the united states or in the united
  473. 16:46kingdom sir
  474. 16:47anywhere
  475. 16:49i'm frankly unsure about how that
  476. 16:50applies in the united states and in the
  477. 16:53united kingdom there would be different
  478. 16:54ways of progressing your career
  479. 16:57some people would do it through the
  480. 16:58route of experience and others would do
  481. 17:00it through some kind of academic
  482. 17:02qualification i think others will have a
  483. 17:04mix of the two
  484. 17:06how did you do it
  485. 17:07a mix of the two
  486. 17:09could you please explain that
  487. 17:11i was given training during my
  488. 17:13employment at the bbc
  489. 17:15and i also took opportunities to work in
  490. 17:17print and radio journalism so i combined
  491. 17:19the experience part with the training
  492. 17:22you are currently a paid legal analyst
  493. 17:24for abc correct
  494. 17:27incorrect sir
  495. 17:29are you a paid employee by abc in any
  496. 17:31capacity
  497. 17:33i am sir
  498. 17:35could you please tell the jury what that
  499. 17:36is
  500. 17:37i'm employed as a correspondent for abc
  501. 17:40news which is owned by disney
  502. 17:43how long have you been paid as a
  503. 17:44correspondent for abc
  504. 17:47my contract began on the 1st of
  505. 17:49september last year
  506. 17:51are you covering this case as a
  507. 17:52correspondent who is paid
  508. 17:54objection your honor beyond the scope
  509. 17:57and again requiring him to cover
  510. 17:59news-gathering activities as covered by
  511. 18:01the shield law
  512. 18:03overruled do you wish to answer that
  513. 18:05question
  514. 18:07no i don't your honor
  515. 18:09same objection thank you
  516. 18:12noted
  517. 18:13mr bashir if you look at the two
  518. 18:15documents you referred to that you say
  519. 18:17mr jackson signed his signature appears
  520. 18:19to be different from document to
  521. 18:21document correct
  522. 18:23same objection your honor and same
  523. 18:26objection on the shield law your honor
  524. 18:28and beyond the scope of direct
  525. 18:31sustained beyond the scope
  526. 18:34mr bashir did you request that michael
  527. 18:37jackson bring macaulay culkin so you
  528. 18:39could film him at neverland
  529. 18:41same objection under the shield law and
  530. 18:43the first amendment your honor
  531. 18:45and beyond the scope of direct
  532. 18:48sustained on beyond the scope
  533. 18:51in the process of putting this film
  534. 18:52together mr bashir did you write to
  535. 18:55michael jackson's assistant and say you
  536. 18:57wanted to film the beautiful landscape
  537. 18:58encouraging all of us to become as
  538. 19:00little children again
  539. 19:02i'm going to object is beyond the scope
  540. 19:05you must let him finish his question
  541. 19:07before you interrupt don't interrupt as
  542. 19:09what i'm saying
  543. 19:11could i just object though the scope of
  544. 19:13the direct is very clear mr mesuro knows
  545. 19:16what the scope of direct is and now he's
  546. 19:19just knowingly asking questions that are
  547. 19:21beyond the scope of direct
  548. 19:23and i would ask the court to ask him to
  549. 19:24refrain from doing that
  550. 19:26that would truncate the examination
  551. 19:29i would like to be able to hear the
  552. 19:31question he's asking so that i can make
  553. 19:32a reasoned ruling on his question
  554. 19:36mr bashir you had not finished the last
  555. 19:39question would you read back his answer
  556. 19:41as far as you got it
  557. 19:43his question record read
  558. 19:46is that the complete question
  559. 19:49yes
  560. 19:50and the objection
  561. 19:52same objection beyond the scope of
  562. 19:54direct shield law first amendment
  563. 19:57mr bashir did you in the process of
  564. 20:00getting making contact with mr jackson
  565. 20:02so you could make this film misrepresent
  566. 20:05that you were putting together a trip to
  567. 20:06africa for mr jackson to visit sick
  568. 20:08children
  569. 20:10same objection your honor beyond the
  570. 20:12scope of direct shield law first
  571. 20:15amendment
  572. 20:16all sustain the objection beyond the
  573. 20:19scope of direct
  574. 20:21mr bashir did you allow mr jackson any
  575. 20:24editorial control over this film
  576. 20:27same objections your honor
  577. 20:29the objection beyond the scope is
  578. 20:31sustained
  579. 20:33mr bashir before this film was shown and
  580. 20:36i'm talking about the actual film itself
  581. 20:38not generally speaking
  582. 20:39i'm talking about what the prosecution
  583. 20:41has used in this courtroom today all
  584. 20:43right did you watch that actual reel
  585. 20:47same objections beyond the scope shield
  586. 20:49law first amendment
  587. 20:52i think we're discussing authentication
  588. 20:54your honor
  589. 20:55the objection is overruled do you want
  590. 20:58the question read back
  591. 21:00yes please your honor record read
  592. 21:03i don't wish to answer the question the
  593. 21:05question is is protected under the
  594. 21:07shield law
  595. 21:09your honor i would
  596. 21:11maybe you didn't understand the question
  597. 21:13i hope i did the question is did you
  598. 21:16watch this reel right here just before
  599. 21:18we showed it
  600. 21:20today
  601. 21:22today
  602. 21:23oh i'm happy to answer that question
  603. 21:25your honor
  604. 21:27is that your question
  605. 21:29yes your honor
  606. 21:31okay
  607. 21:32no i did not
  608. 21:34move to strike the prosecutor's evidence
  609. 21:36and testimony is being unauthenticated
  610. 21:39i'll take that under advisement i'll
  611. 21:41have to go back and look at it before
  612. 21:44you testified today did you discuss your
  613. 21:46testimony with prosecutor sneddon
  614. 21:49i did not
  615. 21:51before you testified today did you
  616. 21:53discuss your testimony with anyone
  617. 21:56i had private discussions with my
  618. 21:57attorney
  619. 21:59other than your attorney before you
  620. 22:00testified today did you discuss what you
  621. 22:02were going to say with anybody
  622. 22:05no
  623. 22:06no one with your company
  624. 22:08no
  625. 22:09never mentioned it to any other
  626. 22:11journalists mr bashir
  627. 22:13today
  628. 22:14yes sir
  629. 22:16i haven't been with any other
  630. 22:17journalists sir
  631. 22:19how about yesterday
  632. 22:21i wasn't with any journalists yesterday
  633. 22:23sir
  634. 22:25have you discussed with any other
  635. 22:26journalist at any time what you are
  636. 22:28going to say in this courtroom in this
  637. 22:29case mr bashir
  638. 22:32your honor what's the materiality of
  639. 22:34this question that has nothing to do
  640. 22:36with the direct examination
  641. 22:38overruled you may answer
  642. 22:41the only i've discussed this case with
  643. 22:43my attorney
  644. 22:44to your knowledge when did you receive a
  645. 22:46subpoena in this case mr bashir
  646. 22:50at the beginning of this year
  647. 22:52are you telling this jury under oath
  648. 22:54that since you received a subpoena or
  649. 22:56since you knew you received a subpoena
  650. 22:58till today you've never discussed what
  651. 22:59you were going to say with anyone other
  652. 23:01than your attorney
  653. 23:03i'm trying very hard to remember so that
  654. 23:05i can be accurate
  655. 23:06sir you can take your time
  656. 23:10thank you as far as my recollection goes
  657. 23:12i recall discussing the matter with my
  658. 23:14attorney
  659. 23:16let me state the question again because
  660. 23:18you may not have understood it
  661. 23:20you learned you had received a subpoena
  662. 23:21when
  663. 23:23at the beginning of this year
  664. 23:25since you learned you had received a
  665. 23:26subpoena have you ever discussed the
  666. 23:28fact that you were going to be a witness
  667. 23:30with anyone other than your attorney
  668. 23:32your honor i'm going to object that's a
  669. 23:35different question than discussing what
  670. 23:36he was going to say
  671. 23:38i'm not sure how he could discuss what
  672. 23:40he was going to say before the trial
  673. 23:43objection your honor these are speaking
  674. 23:45objections this is improper form
  675. 23:48the objections overruled
  676. 23:51you're free to answer
  677. 23:52and i can have it read back for you
  678. 23:55that's okay your honor thank you i'm
  679. 23:58happy to state that i discussed the
  680. 23:59matter with my attorney
  681. 24:02you may be happy to say that sir but
  682. 24:04would you please answer the question
  683. 24:07your honor that's argumentative
  684. 24:10sustained read the question back to him
  685. 24:12please record read
  686. 24:15i discussed the matter with my attorney
  687. 24:17sir your honor could i ask that the
  688. 24:19witness be ordered to respond to the
  689. 24:21question
  690. 24:23you haven't quite answered it
  691. 24:25i understand your honor the difficulty
  692. 24:27is i want to be completely accurate in
  693. 24:29my answers unequivocal and clear
  694. 24:32and what i know for certain is that i
  695. 24:34have discussed the matter with my
  696. 24:35attorney
  697. 24:37and no one else
  698. 24:39i'm pretty sure that's the case but i
  699. 24:40can't i can't be as unequivocal as i'd
  700. 24:42like to be and that's why i'm hesitant
  701. 24:46okay next question
  702. 24:48correct me if i'm wrong mr bashir and i
  703. 24:51might be you do not have a clear
  704. 24:53recollection of telling any other
  705. 24:54journalist since you learned you had a
  706. 24:56subpoena that you're going to be a
  707. 24:58witness in this case right
  708. 25:00no
  709. 25:01your honor i'm going to object to that
  710. 25:03question that was not the question that
  711. 25:05was asked
  712. 25:07it's another question
  713. 25:09then the framing of the question is
  714. 25:10improper
  715. 25:12it's not improper your honor
  716. 25:14the objection is overruled i'm going to
  717. 25:17have the question read back whenever
  718. 25:19there's an argument like that
  719. 25:22thank you
  720. 25:23we lose the question record read
  721. 25:26the fact of my subpoena sir was
  722. 25:28published in various forms of media so
  723. 25:30that everybody knew that i had been
  724. 25:32subpoenaed as a result of that
  725. 25:34it is possible that during my work for
  726. 25:36abc i may have mentioned that i had been
  727. 25:38subpoenaed
  728. 25:39if you were suggesting that i had a
  729. 25:41detailed discussion about what i was
  730. 25:42going to say that is completely untrue
  731. 25:45but it is possible as i say i wish to be
  732. 25:48as clear as i can but it is possible
  733. 25:50that i mentioned the fact of my subpoena
  734. 25:52to my colleagues
  735. 25:54but as you sit here today you just don't
  736. 25:56remember ever mentioning it to any
  737. 25:58particular colleague true
  738. 26:00that's not what i said
  739. 26:02what are you saying
  740. 26:04asked and answered and argumentative
  741. 26:07overruled you may answer i'll restate it
  742. 26:11your honor if it will make it easier
  743. 26:14mr bashir are you telling this jury
  744. 26:16under oath that you don't have a clear
  745. 26:18recollection of ever telling any
  746. 26:20journalist that you are going to be a
  747. 26:21witness in this
  748. 26:22case sir what i said was that news of
  749. 26:26the subpoena was published broadly and
  750. 26:27wide internationally
  751. 26:29and as i returned to my core task at abc
  752. 26:32news i may have mentioned the fact that
  753. 26:34i had received a subpoena
  754. 26:36are you telling this jury that you don't
  755. 26:38have a clear recollection of ever
  756. 26:39telling any particular journalist that
  757. 26:41you are going to be a witness in this
  758. 26:42case yes or no mr bashir
  759. 26:46sir
  760. 26:47i'm going to object to that it's
  761. 26:49argumentative
  762. 26:50i'm going to sustain the objection only
  763. 26:53because you said are you telling this
  764. 26:55jury as opposed to just asking a
  765. 26:57question
  766. 26:59i'll rephrase it
  767. 27:01everybody is telling this jury
  768. 27:03everything they're sitting right there
  769. 27:06mr bashir do you recall telling any
  770. 27:08particular journalist that you were
  771. 27:10going to be a witness in this case
  772. 27:13as i've said news of my subpoena was
  773. 27:15published and i'm quite sure that it's
  774. 27:17possible that i may have mentioned the
  775. 27:18fact that i had received a subpoena in
  776. 27:20relation to these proceedings
  777. 27:22what i am your earlier question which
  778. 27:24slightly confused me was that you were
  779. 27:26suggesting that i may have had a
  780. 27:28discussion with individuals about the
  781. 27:29content of what i would say
  782. 27:32mr bashir please tell us if you don't
  783. 27:34understand the question
  784. 27:36okay
  785. 27:37thank you
  786. 27:38do you recall ever telling any
  787. 27:40journalist that you were going to be a
  788. 27:41witness in this case yes or no
  789. 27:44i've answered the question
  790. 27:46may i ask that the witness be instructed
  791. 27:48to answer the question your honor
  792. 27:51you have not answered the question would
  793. 27:53you answer the question
  794. 27:56my answer to the question your honor is
  795. 27:58that i cannot specifically recollect a
  796. 28:00time a day and an individual with whom i
  797. 28:02had a detailed discussion about the
  798. 28:03subject of my subpoena
  799. 28:05what i am saying is it is perfectly
  800. 28:07possible that it was mentioned to me or
  801. 28:09by me as i returned to work
  802. 28:12mr bashir i'm not asking you about day
  803. 28:14or time i'm just asking you if at any
  804. 28:17time you told any journalist that you're
  805. 28:18going to be a witness in the case
  806. 28:21it's possible
  807. 28:23are you saying under oath you don't
  808. 28:24recall any specific individual that you
  809. 28:26spoke to about that
  810. 28:28that's what i'm saying sir
  811. 28:31and you don't recall any specific
  812. 28:32journalist you ever told i'm going to be
  813. 28:34a witness in the michael jackson case
  814. 28:37i just can't be specific i'm afraid sir
  815. 28:41is your office in new york with abc
  816. 28:44it is sir
  817. 28:46are there other offices near your office
  818. 28:47at abc
  819. 28:49there are so
  820. 28:51are there journalists who occupy those
  821. 28:52offices at abc mr bashir
  822. 28:56there are sir do you tend to chat with
  823. 28:59those journalists from time to time sir
  824. 29:02i have a private office and i tend to
  825. 29:04spend a large amount of time out on the
  826. 29:06road
  827. 29:07so opportunities to talk like that are
  828. 29:09not very frequent
  829. 29:11whose office is next to yours at abc
  830. 29:14your honor i'm going to object on
  831. 29:16relevance grounds and beyond the scope
  832. 29:18of direct and asked and answered and
  833. 29:20many things
  834. 29:22the problem is council that he said that
  835. 29:25he only spoke to his attorney about this
  836. 29:27and he has a privilege which we all
  837. 29:29understand
  838. 29:31the reason i have not sustained
  839. 29:32objections is counsel has been exploring
  840. 29:35whether or not he spoke to anyone else
  841. 29:37about that besides his attorney
  842. 29:39but guess what it's time for a break
  843. 29:43thank you your honor

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