Michael Jackson 2005 Trial, Day 2, Part 3 | Martin Bashir — Transcript
Full transcript
- 0:03all right you may proceed whereupon a
- 0:06portion of a videotape people's exhibit
- 0:08number two was played for the court and
- 0:11jury to its conclusion
- 0:13do you anticipate needing the screen
- 0:15again for a while
- 0:17no sir i have no further questions your
- 0:20honor
- 0:24mr bashir my name is thomas mesuro and i
- 0:27speak for mr jackson
- 0:30thank you
- 0:31at some point in time you made an effort
- 0:33to contact mr jackson about doing this
- 0:36show correct
- 0:38that is correct
- 0:39and approximately when was that
- 0:42i think it was around april 2002
- 0:45and you contacted someone named uri
- 0:47geller correct
- 0:49objection your honor i think mr mesuro
- 0:52is now straying directly into the areas
- 0:54covered by the california shield law and
- 0:56the first amendment and we would ask the
- 0:58court to rule that that kind of inquiry
- 1:00is off limits
- 1:02before we rule on that objection i think
- 1:04we need to discuss the scope of the
- 1:06examination here
- 1:08as i see it the prosecution put him on
- 1:10simply to authenticate the tape
- 1:13i suspect you would like to examine him
- 1:15at length based on your opening
- 1:17statement about a lot of things
- 1:20yes your honor but he does give special
- 1:22thanks to mr uri geller at the end of
- 1:24the tape and the prosecution played that
- 1:27tape and i think they've opened the door
- 1:29on that one
- 1:31it's not even in for the truth of the
- 1:32matter stated your honor
- 1:35i think i'll do you have him under
- 1:37subpoena
- 1:38no what i think i should do is to limit
- 1:41your examination of him at this time as
- 1:43to the foundation of the tape
- 1:45so that's what i'm going to do
- 1:48mr bashir in order to produce the show
- 1:50we've just watched you had to speak to
- 1:52mr jackson true
- 1:55objection your honor again this is
- 1:57unpublished information it's clear from
- 2:00the face of the tape that mr bashir
- 2:02talked to mr jackson and that's
- 2:03published material and that's the limits
- 2:05of the proper examination
- 2:08i'll overrule the objection for the same
- 2:10reason i stated earlier would you be
- 2:12more comfortable to be at council table
- 2:14where you have a microphone
- 2:17that might be helpful your honor it
- 2:19might be better for the jury and they
- 2:21won't have to see me jumping up and down
- 2:23i don't want i'm a little uncomfortable
- 2:25taking one side or the other
- 2:28well i think you need to take a chair we
- 2:31won't assume you're taking anyone's side
- 2:34okay thank you and your honor may i just
- 2:37inquire on the procedure that the court
- 2:39is following
- 2:40because the approach the court took the
- 2:42initial objection was to ask mr bashir
- 2:45to decide whether to answer
- 2:47and i'm reluctant to have him make that
- 2:48decision without knowing that i'm going
- 2:50to be able to argue against a potential
- 2:52contempt finding based on the shield law
- 2:55so if the court could clarify the
- 2:56procedures that it's following that
- 2:58would be very helpful
- 3:00well the procedure i was following was
- 3:03to let you make your objection
- 3:05then i'll ask the witness if he wishes
- 3:07to answer the question and we will go
- 3:09from there
- 3:11will i have an opportunity if the
- 3:12witness declines to answer based on the
- 3:14constitutional shield law protecting
- 3:16journalists to then argue that the
- 3:18material's protected and the court
- 3:20should not hold mr bashir in contempt
- 3:23of course
- 3:25thank you your honor
- 3:27your honor the prosecution did go into
- 3:29mr bashir's qualifications may i
- 3:32cross-examine in that area
- 3:34yes
- 3:35thank you your honor
- 3:38first of all mr bashir i did ask you a
- 3:41question and that question i'll repeat
- 3:43in order to produce what the jury has
- 3:44just seen you had to make contact with
- 3:47mr jackson correct
- 3:49correct
- 3:50and you made numerous attempts to
- 3:52contact mr jackson true
- 3:55again your honor i object on the grounds
- 3:57that that's unpublished information and
- 3:59it's also unclear from the face of the
- 4:01tapes that he had contact with mr
- 4:03jackson
- 4:04your honor i have correspondence from mr
- 4:07bashir it's pretty obvious that in a
- 4:09non-privileged context he was trying to
- 4:11make contact and say what he wanted to
- 4:13do
- 4:14the objection is overruled do you wish
- 4:17to answer that question mr bashir
- 4:20i'm going to leave it to mr bashir it
- 4:23puts him in a difficult position because
- 4:25there's a very important legal principle
- 4:27that's taken it does not matter whether
- 4:29mr mesuro claims to have correspondence
- 4:31or that there's other documents
- 4:33that's the limits of the permissible
- 4:36i think i understand the legal
- 4:38parameters
- 4:39information i just want to make sure i
- 4:41preserve the record and that the
- 4:44you are doing an excellent job
- 4:47thank you your honor
- 4:49your honor my preface is to simply stand
- 4:51by the film as you've seen it and to
- 4:53testify as to its
- 4:54contents all right
- 4:57i'll object your honor and move to
- 4:59strike his comments
- 5:01they were not in response to any
- 5:02question
- 5:04well actually they were a response to my
- 5:06question if he wanted to answer the
- 5:08question
- 5:10sorry sir that
- 5:12so i won't let you strike that all right
- 5:15he is following his counsel's advice and
- 5:17he's not answering that question
- 5:20next question
- 5:21your honor i would move for sanctions
- 5:23against the witness or i would move to
- 5:25strike all of his testimony including
- 5:27the prosecution's playing of this tape
- 5:29if he refuses to be cross-examined
- 5:32the way i would like to proceed with
- 5:34this is that he
- 5:35he does have some protection under the
- 5:37shield law that his counsel has been
- 5:39pointing out
- 5:41that protection is against contempt of
- 5:43court what i think i'll do is let you
- 5:45ask him the questions let his attorney
- 5:47make the objections let him decide
- 5:50whether he's going to answer and then
- 5:52i'll make a record we have a record of
- 5:54those questions and then i'll review
- 5:56them later to determine whether or not i
- 5:58feel a contempt charge should be issued
- 6:01it's really a ticklish area of the law
- 6:04thank you your honor
- 6:06mr bashir you outlined some
- 6:08qualifications you have in the world of
- 6:10journalism correct
- 6:12i didn't outline any qualifications sir
- 6:15i just referred to the chronology of my
- 6:17career
- 6:18did you mean when you did that to
- 6:20explain that you're a qualified
- 6:22professional journalist
- 6:24i meant simply to explain my career
- 6:26chronologically sir
- 6:28do you consider yourself as a
- 6:30professional journalist
- 6:32i do sir do you consider yourself a
- 6:35professional journalist because you've
- 6:36had certain experience in journalism
- 6:39i do sir
- 6:41do you consider yourself to be a
- 6:43professional journalist because you're
- 6:44educated in the world of journalism
- 6:47academic studies were not in journalism
- 6:50they were in the arts and humanities so
- 6:52i don't have a formal qualification if
- 6:54that's what you're asking sir but i have
- 6:56the experience that comes with working
- 6:58in the profession
- 7:00now as a journalist in england you are
- 7:02regulated by a certain administrative
- 7:04agency correct
- 7:06could you repeat the question
- 7:09sure is there an organization or an
- 7:11administrative agency that goes by a
- 7:13title somewhat like british broadcasting
- 7:15standards board
- 7:16there is an organization called the
- 7:18broadcasting complaints commission would
- 7:20you be referring to that
- 7:22i think i am do you work with that
- 7:24organization in any capacity
- 7:27that organization doesn't employ
- 7:29journalists
- 7:30have you been sanctioned by that
- 7:32organization
- 7:33could you repeat the question
- 7:36have you been sanctioned by that
- 7:37organization
- 7:39by the broadcasting complaints
- 7:40commission
- 7:42yes
- 7:43the answer to that question is three
- 7:45complaints were made against me
- 7:47two of the key complaints were entirely
- 7:49rejected and they were to do with
- 7:50balance and fairness
- 7:52one of the three was upheld this is sir
- 7:55just so i can explain so people
- 7:57understand because they
- 7:59certainly
- 8:01because they may not understand the
- 8:03broadcasting standards commission is not
- 8:05a legal body and it has no particular
- 8:07merit in a legal setting
- 8:09nevertheless a complaint against you as
- 8:11a journalist was upheld true
- 8:14as i said sir three complaints were made
- 8:17the two key complaints were entirely
- 8:19rejected one complaint was upheld of the
- 8:22three
- 8:23let's talk about the one that was upheld
- 8:25sir there was a complaint against you
- 8:27that was upheld by that agency correct
- 8:31there was sir yes
- 8:33and what did they complain about mr
- 8:35bashir
- 8:36the complaint related to to what to what
- 8:38to how i described what i was doing with
- 8:40the story that i was working on
- 8:43and what were you doing mr bashir
- 8:46i was doing journalism
- 8:48could you put a little teeth on that and
- 8:50just tell the jury what we're talking
- 8:51about
- 8:53in relation to
- 8:54you don't know what we're talking about
- 8:57do you mean the specific program sorry i
- 9:00don't know whether sorry i apologize are
- 9:02you asking me about the complaint or are
- 9:05you asking me about the story the
- 9:06reporting that i was doing
- 9:09why don't you tell the jury about both
- 9:11your honor i'm going to object mr mesaro
- 9:14is now inquiring about unpublished
- 9:16information or unbroadcast information
- 9:18about another matter
- 9:20same objection well it's a compound
- 9:23question sustained
- 9:26okay
- 9:27please describe for the jury the subject
- 9:29matter of the complaint you just
- 9:30identified mr bashir
- 9:33the story was about a teenaged prodigy a
- 9:36mathematics genius who had run away from
- 9:38university had legally emancipated
- 9:40herself from her family
- 9:42and the story was to describe what had
- 9:44happened from both sides
- 9:46you were accused of misrepresentations
- 9:48true no that's incorrect
- 9:52you were not accused of misrepresenting
- 9:54anything in that complaint
- 9:56i was accused of unfairness which was
- 9:58entirely rejected i was accused of
- 10:00breaching an agreement which was
- 10:02entirely rejected i was accused of not
- 10:05representing the entirety of what i was
- 10:07doing with that broadcast to one of the
- 10:08individuals
- 10:10kind of what you've been accused of here
- 10:12right
- 10:13objection
- 10:15argumentative your honor
- 10:17sustained
- 10:19mr bashir how long was the film you did
- 10:21on mr jackson
- 10:24the total duration
- 10:26yes please
- 10:27i'm afraid i don't know in exact terms
- 10:30it's some time it's over two years since
- 10:32the film was broadcast
- 10:34i think it was around an hour and
- 10:35fifteen minutes
- 10:37and how many hours of footage did you
- 10:39obtain during the time you spent with mr
- 10:41jackson
- 10:43objection your honor unpublished
- 10:45information covered by the shield law
- 10:47and the first amendment
- 10:49the objection is overruled do you wish
- 10:52to answer
- 10:53no i don't
- 10:55next question
- 10:57you don't know at all can't even
- 10:59estimate
- 11:00he doesn't
- 11:01that's not what i wish to answer
- 11:04he chose not to answer
- 11:06your honor i would move that the entire
- 11:08testimony be stricken and the
- 11:10prosecution's evidence be stricken
- 11:13that's denied
- 11:14i would ask for contempt your honor
- 11:17the procedure that i'm going to follow i
- 11:19already outlined
- 11:21okay okay for the record your honor
- 11:24could i have a running objection if he
- 11:26refuses to answer a question or shall i
- 11:28make my request each time
- 11:30no you don't need to do that let me just
- 11:33understand what we're having a running
- 11:35record about
- 11:37yes
- 11:38if he if his attorney objects and he
- 11:40declines to answer based on his
- 11:42attorney's advice i will review that
- 11:44question for contempt proceedings
- 11:46without further necessity on your part
- 11:48to request that
- 11:50your motion to strike his entire
- 11:52testimony and evidence is denied
- 11:54okay your honor could i have that be a
- 11:57running objection as well
- 11:59yes
- 12:00okay thank you
- 12:02mr bashir you communicated with mr
- 12:05jackson's assistant by letter before you
- 12:07began filming this show
- 12:08correct again your honor i object it's
- 12:12unpublished information created and
- 12:14prepared in the course of news gathering
- 12:16and covered by the shield law and the
- 12:18first amendment
- 12:20do you wish to answer
- 12:22no
- 12:23same objection your honor
- 12:25and all reviewed the record
- 12:28mr bashir you wrote to mr jackson's
- 12:30assistant and said you would very much
- 12:32like to feature michael with a large
- 12:34group of children around 50 welcoming
- 12:36them and sharing with them his
- 12:37extraordinary home so that for one day
- 12:40their lives can be enriched correct
- 12:43same objection your honor
- 12:45do you wish to
- 12:47your honor excuse me could i add an
- 12:50objection to that also beyond the scope
- 12:52of direct examination
- 12:54sustained as to beyond the scope of the
- 12:56direct examination
- 12:59mr bashir you interviewed mr jackson and
- 13:01repeatedly asked him questions about his
- 13:03desire for an international children's
- 13:05holiday correct
- 13:07same objection your honor and that would
- 13:10seem to be beyond the scope of the
- 13:11direct examination as well
- 13:14sustained as to beyond the scope
- 13:17your honor will the court permit me to
- 13:19ask questions about what's actually on
- 13:21the tape
- 13:22no because the tapes being introduced
- 13:25not for the truth of the matter asserted
- 13:27but for a different purpose
- 13:29there are some areas however that i
- 13:31didn't instruct the jury on about the
- 13:33assertions that they wish to have
- 13:34considered for the truth of the matter
- 13:37and those would not be out of bounds
- 13:39because well let me ask the district
- 13:42attorney
- 13:43you do not intend to offer any other
- 13:45evidence of those statements that were
- 13:46the subject of the motion to have the
- 13:48court consider the statements for the
- 13:50truth of the matter
- 13:52no i think we outlined in our motion and
- 13:54the court made its ruling last week
- 13:57is that what you're referring to your
- 13:58honor
- 14:00well i'm asking you this is the only
- 14:02evidence you're going to have of those
- 14:04statements so
- 14:06yes sir
- 14:08then those statements open
- 14:09cross-examination as to those statements
- 14:12do you understand what i'm saying
- 14:15i think i do your honor the statements
- 14:18you had us isolate for purposes of
- 14:19constituting admissions
- 14:22yes
- 14:23is what you're talking about
- 14:25that's correct
- 14:26may i take a second just to obtain those
- 14:29yes
- 14:31thank you while we're getting those your
- 14:33honor if i may i'll just continue
- 14:36sure
- 14:37mr beshear you had michael jackson sign
- 14:40an agreement without a lawyer present
- 14:42true again your honor beyond the scope
- 14:46of the direct and covered by the shield
- 14:47law
- 14:49i'd overruled that objection will you
- 14:51answer that question
- 14:53mr jackson signed two agreements in
- 14:55which he asked for no conditions
- 14:57whatsoever and agreed that i was free to
- 14:59make the film with him
- 15:00and the first of those agreements was
- 15:02signed in november 2002 and the second
- 15:04agreement was signed in january 2003
- 15:07just about two weeks prior to broadcast
- 15:09of the british version of the film that
- 15:11you've just seen
- 15:13your honor i would move to strike the
- 15:15answer and request that the court order
- 15:16the witness to answer the question
- 15:19all right it's stricken and i'll ask the
- 15:22court reporter to read back the question
- 15:24so that you understand the question
- 15:26record red
- 15:28i renew my objection your honor that
- 15:30goes to newsgathering and relates to
- 15:32information prepared in connection with
- 15:34newsgathering
- 15:36the objection is overruled do you wish
- 15:38to answer that
- 15:40i think i agree with my attorney that i
- 15:42have protections under the shield law
- 15:44your honor
- 15:46all right
- 15:47same objection would be noted your honor
- 15:50i'm sorry your honor it's hard for mr
- 15:53jackson and for us to hear the witness
- 15:56i apologize it's my fault sorry i'm
- 15:59sorry
- 16:00speak up
- 16:01and yes you don't need to i'm going to
- 16:05review all of the questions
- 16:07thank you your honor
- 16:09mr bashir
- 16:11if you want to you can
- 16:14okay
- 16:15mr bashir you have been accused in
- 16:17england of forging signatures correct
- 16:20incorrect no one has ever made that
- 16:23accusation sir
- 16:25i'm going to object your honor hearsay
- 16:28lack of foundation beyond the scope of
- 16:30direct examination
- 16:33sustained on beyond the scope of direct
- 16:36mr bashir to qualify as a professional
- 16:39journalist do you have to fulfill any
- 16:41particular educational program
- 16:44in the united states or in the united
- 16:46kingdom sir
- 16:47anywhere
- 16:49i'm frankly unsure about how that
- 16:50applies in the united states and in the
- 16:53united kingdom there would be different
- 16:54ways of progressing your career
- 16:57some people would do it through the
- 16:58route of experience and others would do
- 17:00it through some kind of academic
- 17:02qualification i think others will have a
- 17:04mix of the two
- 17:06how did you do it
- 17:07a mix of the two
- 17:09could you please explain that
- 17:11i was given training during my
- 17:13employment at the bbc
- 17:15and i also took opportunities to work in
- 17:17print and radio journalism so i combined
- 17:19the experience part with the training
- 17:22you are currently a paid legal analyst
- 17:24for abc correct
- 17:27incorrect sir
- 17:29are you a paid employee by abc in any
- 17:31capacity
- 17:33i am sir
- 17:35could you please tell the jury what that
- 17:36is
- 17:37i'm employed as a correspondent for abc
- 17:40news which is owned by disney
- 17:43how long have you been paid as a
- 17:44correspondent for abc
- 17:47my contract began on the 1st of
- 17:49september last year
- 17:51are you covering this case as a
- 17:52correspondent who is paid
- 17:54objection your honor beyond the scope
- 17:57and again requiring him to cover
- 17:59news-gathering activities as covered by
- 18:01the shield law
- 18:03overruled do you wish to answer that
- 18:05question
- 18:07no i don't your honor
- 18:09same objection thank you
- 18:12noted
- 18:13mr bashir if you look at the two
- 18:15documents you referred to that you say
- 18:17mr jackson signed his signature appears
- 18:19to be different from document to
- 18:21document correct
- 18:23same objection your honor and same
- 18:26objection on the shield law your honor
- 18:28and beyond the scope of direct
- 18:31sustained beyond the scope
- 18:34mr bashir did you request that michael
- 18:37jackson bring macaulay culkin so you
- 18:39could film him at neverland
- 18:41same objection under the shield law and
- 18:43the first amendment your honor
- 18:45and beyond the scope of direct
- 18:48sustained on beyond the scope
- 18:51in the process of putting this film
- 18:52together mr bashir did you write to
- 18:55michael jackson's assistant and say you
- 18:57wanted to film the beautiful landscape
- 18:58encouraging all of us to become as
- 19:00little children again
- 19:02i'm going to object is beyond the scope
- 19:05you must let him finish his question
- 19:07before you interrupt don't interrupt as
- 19:09what i'm saying
- 19:11could i just object though the scope of
- 19:13the direct is very clear mr mesuro knows
- 19:16what the scope of direct is and now he's
- 19:19just knowingly asking questions that are
- 19:21beyond the scope of direct
- 19:23and i would ask the court to ask him to
- 19:24refrain from doing that
- 19:26that would truncate the examination
- 19:29i would like to be able to hear the
- 19:31question he's asking so that i can make
- 19:32a reasoned ruling on his question
- 19:36mr bashir you had not finished the last
- 19:39question would you read back his answer
- 19:41as far as you got it
- 19:43his question record read
- 19:46is that the complete question
- 19:49yes
- 19:50and the objection
- 19:52same objection beyond the scope of
- 19:54direct shield law first amendment
- 19:57mr bashir did you in the process of
- 20:00getting making contact with mr jackson
- 20:02so you could make this film misrepresent
- 20:05that you were putting together a trip to
- 20:06africa for mr jackson to visit sick
- 20:08children
- 20:10same objection your honor beyond the
- 20:12scope of direct shield law first
- 20:15amendment
- 20:16all sustain the objection beyond the
- 20:19scope of direct
- 20:21mr bashir did you allow mr jackson any
- 20:24editorial control over this film
- 20:27same objections your honor
- 20:29the objection beyond the scope is
- 20:31sustained
- 20:33mr bashir before this film was shown and
- 20:36i'm talking about the actual film itself
- 20:38not generally speaking
- 20:39i'm talking about what the prosecution
- 20:41has used in this courtroom today all
- 20:43right did you watch that actual reel
- 20:47same objections beyond the scope shield
- 20:49law first amendment
- 20:52i think we're discussing authentication
- 20:54your honor
- 20:55the objection is overruled do you want
- 20:58the question read back
- 21:00yes please your honor record read
- 21:03i don't wish to answer the question the
- 21:05question is is protected under the
- 21:07shield law
- 21:09your honor i would
- 21:11maybe you didn't understand the question
- 21:13i hope i did the question is did you
- 21:16watch this reel right here just before
- 21:18we showed it
- 21:20today
- 21:22today
- 21:23oh i'm happy to answer that question
- 21:25your honor
- 21:27is that your question
- 21:29yes your honor
- 21:31okay
- 21:32no i did not
- 21:34move to strike the prosecutor's evidence
- 21:36and testimony is being unauthenticated
- 21:39i'll take that under advisement i'll
- 21:41have to go back and look at it before
- 21:44you testified today did you discuss your
- 21:46testimony with prosecutor sneddon
- 21:49i did not
- 21:51before you testified today did you
- 21:53discuss your testimony with anyone
- 21:56i had private discussions with my
- 21:57attorney
- 21:59other than your attorney before you
- 22:00testified today did you discuss what you
- 22:02were going to say with anybody
- 22:05no
- 22:06no one with your company
- 22:08no
- 22:09never mentioned it to any other
- 22:11journalists mr bashir
- 22:13today
- 22:14yes sir
- 22:16i haven't been with any other
- 22:17journalists sir
- 22:19how about yesterday
- 22:21i wasn't with any journalists yesterday
- 22:23sir
- 22:25have you discussed with any other
- 22:26journalist at any time what you are
- 22:28going to say in this courtroom in this
- 22:29case mr bashir
- 22:32your honor what's the materiality of
- 22:34this question that has nothing to do
- 22:36with the direct examination
- 22:38overruled you may answer
- 22:41the only i've discussed this case with
- 22:43my attorney
- 22:44to your knowledge when did you receive a
- 22:46subpoena in this case mr bashir
- 22:50at the beginning of this year
- 22:52are you telling this jury under oath
- 22:54that since you received a subpoena or
- 22:56since you knew you received a subpoena
- 22:58till today you've never discussed what
- 22:59you were going to say with anyone other
- 23:01than your attorney
- 23:03i'm trying very hard to remember so that
- 23:05i can be accurate
- 23:06sir you can take your time
- 23:10thank you as far as my recollection goes
- 23:12i recall discussing the matter with my
- 23:14attorney
- 23:16let me state the question again because
- 23:18you may not have understood it
- 23:20you learned you had received a subpoena
- 23:21when
- 23:23at the beginning of this year
- 23:25since you learned you had received a
- 23:26subpoena have you ever discussed the
- 23:28fact that you were going to be a witness
- 23:30with anyone other than your attorney
- 23:32your honor i'm going to object that's a
- 23:35different question than discussing what
- 23:36he was going to say
- 23:38i'm not sure how he could discuss what
- 23:40he was going to say before the trial
- 23:43objection your honor these are speaking
- 23:45objections this is improper form
- 23:48the objections overruled
- 23:51you're free to answer
- 23:52and i can have it read back for you
- 23:55that's okay your honor thank you i'm
- 23:58happy to state that i discussed the
- 23:59matter with my attorney
- 24:02you may be happy to say that sir but
- 24:04would you please answer the question
- 24:07your honor that's argumentative
- 24:10sustained read the question back to him
- 24:12please record read
- 24:15i discussed the matter with my attorney
- 24:17sir your honor could i ask that the
- 24:19witness be ordered to respond to the
- 24:21question
- 24:23you haven't quite answered it
- 24:25i understand your honor the difficulty
- 24:27is i want to be completely accurate in
- 24:29my answers unequivocal and clear
- 24:32and what i know for certain is that i
- 24:34have discussed the matter with my
- 24:35attorney
- 24:37and no one else
- 24:39i'm pretty sure that's the case but i
- 24:40can't i can't be as unequivocal as i'd
- 24:42like to be and that's why i'm hesitant
- 24:46okay next question
- 24:48correct me if i'm wrong mr bashir and i
- 24:51might be you do not have a clear
- 24:53recollection of telling any other
- 24:54journalist since you learned you had a
- 24:56subpoena that you're going to be a
- 24:58witness in this case right
- 25:00no
- 25:01your honor i'm going to object to that
- 25:03question that was not the question that
- 25:05was asked
- 25:07it's another question
- 25:09then the framing of the question is
- 25:10improper
- 25:12it's not improper your honor
- 25:14the objection is overruled i'm going to
- 25:17have the question read back whenever
- 25:19there's an argument like that
- 25:22thank you
- 25:23we lose the question record read
- 25:26the fact of my subpoena sir was
- 25:28published in various forms of media so
- 25:30that everybody knew that i had been
- 25:32subpoenaed as a result of that
- 25:34it is possible that during my work for
- 25:36abc i may have mentioned that i had been
- 25:38subpoenaed
- 25:39if you were suggesting that i had a
- 25:41detailed discussion about what i was
- 25:42going to say that is completely untrue
- 25:45but it is possible as i say i wish to be
- 25:48as clear as i can but it is possible
- 25:50that i mentioned the fact of my subpoena
- 25:52to my colleagues
- 25:54but as you sit here today you just don't
- 25:56remember ever mentioning it to any
- 25:58particular colleague true
- 26:00that's not what i said
- 26:02what are you saying
- 26:04asked and answered and argumentative
- 26:07overruled you may answer i'll restate it
- 26:11your honor if it will make it easier
- 26:14mr bashir are you telling this jury
- 26:16under oath that you don't have a clear
- 26:18recollection of ever telling any
- 26:20journalist that you are going to be a
- 26:21witness in this
- 26:22case sir what i said was that news of
- 26:26the subpoena was published broadly and
- 26:27wide internationally
- 26:29and as i returned to my core task at abc
- 26:32news i may have mentioned the fact that
- 26:34i had received a subpoena
- 26:36are you telling this jury that you don't
- 26:38have a clear recollection of ever
- 26:39telling any particular journalist that
- 26:41you are going to be a witness in this
- 26:42case yes or no mr bashir
- 26:46sir
- 26:47i'm going to object to that it's
- 26:49argumentative
- 26:50i'm going to sustain the objection only
- 26:53because you said are you telling this
- 26:55jury as opposed to just asking a
- 26:57question
- 26:59i'll rephrase it
- 27:01everybody is telling this jury
- 27:03everything they're sitting right there
- 27:06mr bashir do you recall telling any
- 27:08particular journalist that you were
- 27:10going to be a witness in this case
- 27:13as i've said news of my subpoena was
- 27:15published and i'm quite sure that it's
- 27:17possible that i may have mentioned the
- 27:18fact that i had received a subpoena in
- 27:20relation to these proceedings
- 27:22what i am your earlier question which
- 27:24slightly confused me was that you were
- 27:26suggesting that i may have had a
- 27:28discussion with individuals about the
- 27:29content of what i would say
- 27:32mr bashir please tell us if you don't
- 27:34understand the question
- 27:36okay
- 27:37thank you
- 27:38do you recall ever telling any
- 27:40journalist that you were going to be a
- 27:41witness in this case yes or no
- 27:44i've answered the question
- 27:46may i ask that the witness be instructed
- 27:48to answer the question your honor
- 27:51you have not answered the question would
- 27:53you answer the question
- 27:56my answer to the question your honor is
- 27:58that i cannot specifically recollect a
- 28:00time a day and an individual with whom i
- 28:02had a detailed discussion about the
- 28:03subject of my subpoena
- 28:05what i am saying is it is perfectly
- 28:07possible that it was mentioned to me or
- 28:09by me as i returned to work
- 28:12mr bashir i'm not asking you about day
- 28:14or time i'm just asking you if at any
- 28:17time you told any journalist that you're
- 28:18going to be a witness in the case
- 28:21it's possible
- 28:23are you saying under oath you don't
- 28:24recall any specific individual that you
- 28:26spoke to about that
- 28:28that's what i'm saying sir
- 28:31and you don't recall any specific
- 28:32journalist you ever told i'm going to be
- 28:34a witness in the michael jackson case
- 28:37i just can't be specific i'm afraid sir
- 28:41is your office in new york with abc
- 28:44it is sir
- 28:46are there other offices near your office
- 28:47at abc
- 28:49there are so
- 28:51are there journalists who occupy those
- 28:52offices at abc mr bashir
- 28:56there are sir do you tend to chat with
- 28:59those journalists from time to time sir
- 29:02i have a private office and i tend to
- 29:04spend a large amount of time out on the
- 29:06road
- 29:07so opportunities to talk like that are
- 29:09not very frequent
- 29:11whose office is next to yours at abc
- 29:14your honor i'm going to object on
- 29:16relevance grounds and beyond the scope
- 29:18of direct and asked and answered and
- 29:20many things
- 29:22the problem is council that he said that
- 29:25he only spoke to his attorney about this
- 29:27and he has a privilege which we all
- 29:29understand
- 29:31the reason i have not sustained
- 29:32objections is counsel has been exploring
- 29:35whether or not he spoke to anyone else
- 29:37about that besides his attorney
- 29:39but guess what it's time for a break
- 29:43thank you your honor
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