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Video: Adnan Leaves Court, D.A. Pounced
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June 14th, 2009 at 6:39 pm
Linda. This is not for you in terms of your article. Our other thread is lengthy now with testimony from April 1st. I compiled some pertinent Blair Berk testimony and am posting it here so our other thread is kept neat.
p137 More questions about Berk and the media — Berk takes the stance I would like to help you but I am not sure what you are asking. Freedman moves into asking about whether Lutfi signed a confidentiality agreement.
Q and did he sign one?
A He told me that he had already signed one
Q Did he sign the confidentiality agreement that you were asking him to sign?
A He told me that he would, and then he called me back and told me that he would not.
Q Did he sign it?
A I don’t know.
Freedman At this time, maybe we could mark as Exhibit A an email exchange.
Bobb You know, we have an a (stet!)that was withdrawn, so let’s use Exhibit B.
Freedman B. Counsel, I don’t have too many copies.
Berk confirms her email address in the exhibit. Paraphrase, Berk confirms she received the email from Lutfi 5:12 p.m. on March 12, 2008
Q Do you see where Mr. Lutfi says, E was running some negative story about me concerning items allegedly found when removed from my car. Figured I’d ask you for some advice on how to handle these types of blackmail tactics. Do you recall that statement?
A I don’t recall, but now that I’m refreshed to the email I do.
Q Okay. And did you offer–is it true that you did offer to find out what the E story was about and if there is one on his behalf?
Wexler. It’s compound. Whether she offered and whether the second part is on his behalf, there is two different issues.
restates Q
Is it true that you wrote, do you want me to find out what the E story is about and if there is one?
A: Absolutely. (correction Or if there is one?)
Affirms she wrote it.
Q Did you — on January 10 you received a series of — January 10, 2009, you received a series of text messages from Mr. Lutfi; is that correct?
(establishes email and phone communications)
Berk says she was unaware that Mr. Spears had told Lutfi to contact her. Meanwhile, Berk was trying to go on a rare romantic date with her husband to the movies so she asked Lutfi to stop contacting her. (didn’t she bill for her time that night?)
(there continues to be upsets with the exhibits and numbers etc. There was mention of apologies from Camp Spears and that they wouldn’t use the same system in the future. They said it was a mistake. Anyway, we’re back to the alphabet over numbers)
Court: You can make it your C. Even if it’s duplicative, we’ll have it.
Freedman: Unfortunately I don’t have copies.
Court: I’ll look for it.
Boxer: I would be pleading tab number 6 your honor.
Boxer. It’s in the other book.
Freedman. The one on the right.
Freedman redirects after Berk asks if he wants her to read aloud.
Q. Are you familiar with Jamie Spears’ signature?
A. No.
Court: I don’t have whatever it is that you — it’s the email that’s attached to –
F. It’s actually– No.
Court: It’s text –
F. It’s a declaration of Jamie Spears.
finally– Freedman and Berk go back and forth as to when and how B became aware on the 10th that Mr. Spears had directed Lutfi to get in touch with B. Lutfi did not mention any disturbing messages that he might have received. The following is stet (exactly how it is written as to Ms. or Mr. Spears)
A. No. He told me that he had grave concerns about unflattering information true information that Ms. Spears had and was about to expose. And that if I didn’t stop her from doing that, he would — he would not be able to stop hurtful information about Ms. Spears and her father Jamie from getting out.
Freedman moves to strike. He wanted a yes or no answer. Boxer says: I think a vague question gets a vague answer.
moving on — Freedman asks whether Lutfi mentioned anything about a negative letter about him being published. Berk says he never said anything about it Jan 10. Freedman tries to establish when Lutfi had last communicated with Mr. Spears. B didn’t know then mentions attorney-client privileges.
Prior to Jan 10
A. He would frequently attempt to communicate with me, but I had refused to respond based on his agreement to stay away over the summer. And I know that I did communicate with him over the summer at some point, but I couldn’t tell you specifically when.
(Britney contacted Berk in late December, early January because she was aware that Lutfi was attempting to contact her hairdresser. Then Freedman makes mention that Berk clearly wants to testify, i.e., he wants yes no answers I guess and she says more than that so he moves to strike again and again — Lutfi tried to call Berk in late December early January. Berk knows because his name would come up on her cell phone and she did not answer)
Q You indicated that you met Sam Lutfi — or you first met him in March — February, March of 2008; is that correct?
A. I believe it was close in time to Ms. Spears’ hospitalization, around that period. And I can not recall today whether it was earlier than that time. But I certainly communicated with them (stet) around that time.
P147
Q Do you know whether or not Ms. Spears has tried to communicate with Adnan Ghalib?
A When?
Q In the past three months?
A No I am not aware.
Q You’re not aware of any communication?
A I am not aware of any communication.
(Freedman produces a document Exhibit D — Ingham asks to see it. It is one page. Freedman asks to borrow Boxer’s copy. The court tells people they are going 15 minutes more and Boxer reminds people that they have a witness at 2 p.m. from New Zealand by telephone. Bobb says “Off the record” and has a private discussion — I don’t know with whom)
Q Are you familiar with the address 120 —
Boxer: Wait. Wait.
Freedman: I’m going —
Court: Yes.
Freedman: — say —
Court: Come on. We don’t —
Freedman: I’m not going –
Court: It’s unnecessary. You can show the document to the witness.
Berk testifies that she has never got a Christmas card from Britney.
Berk is unsure whether she recognizes an address on the left-hand side of (of what????)
The witness: I can’t decipher the name on the front, the first name. I’m familiar with the second name, but i can’t tell whether that’s Adam (stet) or what that is on the first.
Q (Freedman) Are you familiar with the name Adnan Ghalib?
A I am indeed.
Q Are you aware of whether or not Ms. Spears sent Adnan Ghalib a Christmas card in December 2008?
A I am not.
Q Have you ever heard from anyone that Ms. Spears sent Adnan Ghalib a Christmas card?
A I have not.
Q Have you ever heard from anyone that Britney Spears was crying out for Sam Lutfi’s help?
A No. Exactly the opposite of that.
Q Have you ever hear from anyone that Britney Spears left four telephone messages on Sam Lutfi’s machine asking for help?
Court: What’s the time period that you’re in, counsel?
Freedman: In the period of December or January — December 2008, January 2009.
Q Freedman: Have you ever heard from anyone that Britney Spears left a voice mail message on Sam Lutfi’s machine asking him for help in January 2009?
(hey, should we tell the exhalers this transcript is unfolding here?)
A No, I am not. No, I am not.
(no further questions by Freedman and Boxer. Begin further cross-exam)
Diamond. The last exhibit you were shown by Mr. Freedman, Exhibit D, do you have that in front of you, Ms. Berk?
A Yes, sir.
Q That has an address at the top. I’m not sure if that address is confidential or not.
Court: It is.
Q It’s — okay. It’s on — it has a Beverly Hills address.
Court: She sees the address.
Q Okay.
Court: The court sees it, it’s exhibit D.
Q Okay. Is that the same address on the return envelope that is on exhibit 23, the letter from Mr. Eardley to Ms. Spears? (Britney Spears’ address is 12094 Summit Circle, Beverly Hills, CA)
A Yes it — yes, it appears to be.
Q So the address on the Eardley letters on Ms. Spears’ Exhibit 23 is the same address as the return address from Ms. Spears to Mr. Ghalib which is Exhibit D; is that right? (Exhibit 23 reads Letter form J. Eardley to B. Spears — source: index in transcript)
A I believe — well, I don’t know that it’s from Ms. Spears. But the two documents have the same address on them.
Q Now with respect to exhibit 23, do you recognize the address on exhibit 23 as being Ms. Spears’ address?
A What I was trying to explain before is I’ve been to that location of her house many times. But I — as I sit here, I would not be honest if I said I remembered the exact street number.
Q But the street name is the same?
A Yes, sir, it is.
Q So it appears to you to be the same?
A It does appear to me to be the same.
Q So with respect to exhibit 23, do you have any reason to believe that that Fed Ex letter sent by Mr. Eardley, dated January 20, 2008, was not received at the address indicated on the letter?
Objection. Calls for Speculation. (Boxer)
Court: Yeah. We have no evidence that it was mailed.
Boxer: We have evidence that it ended up in the car.
Court: Well, a copy of itt is in the car, but that’s all we know.
Q Diamond. it was a Fed-Ex envelope of an overnight envelope, right?
A It was some kind of overnight express, yes.
Q And you say you have the envelope, you preserved it?
A I did at the time, yes.
Q So we would be able to tell from the envelope whether, in fact, it was really utilized by Mr. Eardley and whether or not it was used to deliver a letter to –
Court: Your question is if we had the envelope we would be able to say whether it was actually mailed?
Diamond: Yes
The court: probably so.
Q (Diamond) Yes. And you say –
Court: But she does not have the envelope.
Q What did you do with the envelope?
A I’m not sure at this time.
Q Is it your contention that the envelope was never used to actually send the letter dated January 20, 2008 to Ms. Spears?
Boxer. She’s not an advocate. She is a witness. She remembers seeing a copy — of an original of this in a car used by Mr. Lutfi. That’s all the evidence we have.
Diamond: She’s more than a witness. You complained —
Court: Just a moment. Was there any evidence on the envelope that it had been mailed, actually mailed?