An entertaining sample of the cross-examination of a sexual harassment plaintiff who could not keep her story straight.

Cross-examination by Eric Michael Papp, Esq.

***

21 BY MR. PAPP:

22 Q Now, prior to that evening, and that's the

23 Vegas Convention of March 26th, 2010, prior to

24 March 26th, 2010, had Jack Linden ever touched you in

25 a sexual way?

0051

1 A Repeat that again.

2 Q Yeah. Prior to this evening, the Vegas

3 convention in March 2010, had Jack Linden ever

4 touched you in a sexual way?

5 A Touched, no.

6 Q Prior to this evening, and that's the -- the

7 Vegas Convention in March of 2010, had Jack Linden

8 ever touched you in a way that you felt was

9 inappropriate?

10 A Touched, no.

11 Q Okay. Going back to your statement. I want

12 you to look, specifically, at the language, "I pretended

13 not to hear it and walked away."

14 Do you see that language?

15 A Yes.

16 Q Okay. So at the party you weren't a prisoner,

17 correct?

18 A No, Mr. Papp, I wasn't a prisoner.

19 Q And you weren't being held against your will,

20 right?

21 A I was afraid that I would lose my job.

22 Q Why?

23 A If I left.

24 Q You left the party?

25 A Yeah.

0052

1 Q So you were being held against your will?

2 A Oh, my God.

3 MR. RISER: Misstates her testimony.

4 THE WITNESS: We're going to be here for

5 another ten days.

6 BY MR. PAPP:

7 Q Is it true that you were being held --

8 A That's not what I said, Mr. Papp.

9 Q -- against your will?

10 A Stop putting words in my mouth.

11 THE WITNESS: Can I take a break? He is really

12 putting words in my mouth. This is ridiculous.

13 MR. PAPP: I have to agree.

14 THE WITNESS: This is like -- seriously, this is

15 coaching. You're trying to put words in my mouth. Enough

16 is enough. (witness exits room)

17 MR. PAPP: Well, I think we're off the record.

18 THE VIDEOGRAPHER: Off the record at 11:04 A.M.

19 (A short recess was taken.)

20 THE VIDEOGRAPHER: Back on the record at

21 11:09 A.M.

22 BY MR. PAPP:

23 Q So at this point in time, Mr. Frank Linden and

24 Mr. Jack Linden, had not teamed up against you and

25 trapped you at the party, correct?

0053

1 A No.

2 Q And you were free to go be with other people,

3 correct?

4 A Yes.

5 Q Did you feel threatened by Mr. Jack Linden

6 at this point in time?

7 MR. RISER: At what time?

8 MR. PAPP: Any time.

9 MR. RISER: Vague.

10 THE WITNESS: I don't understand.

11 BY MR. PAPP:

12 Q Did you -- did you feel that he was going to

13 be violent with you? That's Mr. Jack Linden.

14 A As of that second?

15 Q Correct.

16 A Which -- which part are we on, still the

17 second paragraph?

18 MR. RISER: Second paragraph.

19 MR. PAPP: Yes.

20 THE WITNESS: Second paragraph.

21 BY MR. PAPP:

22 Q Yes. When he said, "dude, I need to get laid

23 tonight, you pretended not to hear

24 it, and you walked away." That point in time.

25 A I got concerned.

0054

1 Q How so?

2 A What -- what his intentions were.

3 Q And you sought safety by leaving his

4 proximity, correct?

5 MR. RISER: Asked and answered.

6 THE WITNESS: Can you repeat that?

7 BY MR. PAPP:

8 Q And you sought safety by leaving his

9 proximity, correct?

10 A Yes.

11 Q Now, at this point in time, did you make an

12 effort to alert security, for example, about Jack

13 Linden's behavior towards you?

14 A No.

15 Q Did you use your cell phone to call anyone?

16 A No.

17 Q Did you have your cell phone with you?

18 A No.

19 Q How do you know?

20 A I didn't have my purse.

21 Q Did you have your wallet with you?

22 A No.

23 Q Did you have any credit cards with you?

24 A Yes.

25 Q Did you have your ATM card with you?

0055

1 A I don't recall.

2 Q Okay. Next paragraph down it says, throughout

3 the evening I danced with Frank, Mitch, some clients and

4 friends.

5 Do you see that?

6 A Yes.

7 Q How many times did you dance with Frank Linden?

8 A Once.

9 Q And during that dance, did Frank Linden touch

10 you inappropriately?

11 A No.

12 Q Did Mr. Frank Linden make any inappropriate

13 comments to you while you danced?

14 A No.

15 Q Did you say anything to Frank Linden about

16 Jack Linden while you danced with Frank Linden?

17 A I don't recall.

18 Q Now, you say you also danced with Mitch

19 Finkle. Do you see that?

20 A Yes.

21 Q How many times?

22 A I don't recall.

23 Q Was it more than once?

24 A Could have been once.

25 Q Did you have a recollection of it being more

0056

1 than once?

2 A I don't recall.

3 Q And this was all night long, correct?

4 A All night long. What do you consider all

5 night long?

6 Q Throughout the evening, according to your

7 statement, that's what I consider it.

8 A I didn't dance the entire time, no.

9 Q Do you have any recollection of how many times

10 you danced with Mr. Finkle?

11 A No.

12 Q During your dance with Mr. Finkle, did he

13 touch you inappropriately at all?

14 A No.

15 Q Did Mr. Finkle make any inappropriate

16 comments to you while you danced?

17 A Mr. Finkle?

18 Q Correct.

19 A No. No.

20 Q Did you say anything to Mr. Finkle about Jack

21 Linden while you danced with him?

22 A No.

23 Q Why not?

24 A I didn't.

25 Q Just did not?

0057

1 A Didn't feel comfortable.

2 Q Did you dance with any other male MxMedDevice

3 employees?

4 A I don't recall.

5 Q Now, after the incident with Jack Linden,

6 did you speak to any of the female MxMedDevice employees,

7 and this is before you were back at the hotel room?

8 A No, not that I recall. Speak to them about

9 what?

10 Q About anything.

11 A No, I don't recall.

12 Q And you don't recall speaking to them --

13 speaking to them about Jack Linden?

14 A At the party at that moment?

15 Q Correct. At the party that evening.

16 A Not that I recall.

17 Q Did you ever ask Mitch Finkle to go back to

18 the hotel room with you -- to accompany you to the hotel

19 room; not to do anything inappropriate?

20 A No.

21 Q Did you ever dance with Jack Linden at the

22 party?

23 A No.

24 Q Now, from the time you left Frank and Jack

25 Linden standing there, do you know what time we are, at

0058

1 the party?

2 A Second paragraph?

3 Q Yeah. So you leave them standing there, okay.

4 And until you leave the party, did you observe Jack

5 Linden during that period?

6 A Did I observe him?

7 Q Huh-uh.

8 A Drinking.

9 Q So the answer is yes. My next question is,

10 what did you see? And your answer is?

11 A Drinking.

12 Q Drinking. Did you see Mr. Jack Linden

13 dancing at all?

14 A I don't recall.

15 Q And so you don't recall whether or not he

16 shared the dance floor with you, not dancing with you,

17 but on the floor at the same time?

18 A I don't recall.

19 Q Were you keeping track of where Mr. Jack

20 Linden was during the course of the evening?

21 A I was --

22 MR. RISER: In general?

23 MR. RISER: Yeah.

24 THE WITNESS: Just to make sure that he wasn't

25 near me.

0059

1 BY MR. PAPP:

2 Q And at the times that you saw Mr. Jack

3 Linden, did you see him making any sexual advances

4 towards other women?

5 MR. RISER: That's vague as to how she would

6 see a sexual advance. So just -- if you can answer

7 that.

8 THE WITNESS: I can't answer that.

9 BY MR. PAPP:

10 Q Okay. Did you see him, for example, touching

11 other women?

12 A No.

13 Q Did you see him whispering in other women's

14 ears, for example?

15 A Samatha.

16 Q And when was that?

17 A I don't recall.

18 Q This was at the party?

19 A Yes.

20 Q Did you see him hand any of the women drinks?

21 A He had drinks in his hand he was handing them

22 out. I don't recall to who.

23 Q Now, you just testified that you did see him

24 drinking, correct?

25 A Yes.

0060

1 Q Do you recall how many drinks he consumed?

2 A No.

3 MR. RISER: Calls for speculation.

4 THE WITNESS: Sorry.

5 BY MR. PAPP:

6 Q No, you don't recall?

7 A No.

8 Q At the times that you saw him that evening,

9 was he looking at you?

10 MR. RISER: Calls for speculation what he was

11 looking at. She doesn't know --

12 MR. PAPP: No. Looking at her. That's not

13 speculation.

14 MR. RISER: She can't tell what he is looking

15 at. If you can. If you can tell what he was looking

16 at.

17 BY MR. PAPP:

18 Q Do you -- well, let me ask you this.

19 Do you know when someone is looking at you?

20 A He -- he did look at me that night, yes,

21 Mr. Papp.

22 Q Okay. So after you left him, throughout the

23 course of the rest of that evening, you said that you

24 were keeping track of him such that to make sure he was

25 not near you?

0061

1 A I was keeping track of my surrounding, my

2 space.

3 Q Did you ever -- did you actually ever see him

4 again that evening before you left?

5 MR. RISER: That's asked and answered. She

6 said --

7 MR. PAPP: Well, not if she changed her story.

8 I don't know.

9 MR. RISER: No. Her story hasn't changed.

10 THE WITNESS: I changed my story.

11 BY MR. PAPP:

12 Q Well, you said -- my question was, were you

13 keeping track of where Mr. Jack Linden was. And you

14 said, just to make sure he was not near you.

15 A My surrounding.

16 Q Okay. So my next question was, did you ever

17 actually see him?

18 A I don't recall.

19 Q But you do have a recollection that throughout

20 the course of the evening he was looking at you? Say

21 from across the room or from the bar or something like

22 that.

23 A I don't recall when it was, Mr. Papp. I did

24 see him a couple of times throughout the party. And,

25 yes, he did look at me, yes.

0062

1 Q Okay. On those times, describe those for me,

2 when, where, what happened?

3 A I don't recall, Mr. Papp. I wasn't keeping

4 track. I was trying to keep away from him.

5 Q At the times you saw him looking at you, did

6 you feel he was looking at you with some sort of sexual

7 intent?

8 A I don't know.

9 Q Now, the next sentence down, it says "around

10 1:30 a.m." Do you see that language?

11 A Yes.

12 Q "Jack came over to me and grabbed my hand."

13 Do you see that?

14 A Yes.

15 Q Where were you when this happened?

16 A Inside the party.

17 Q Where?

18 A Inside the room.

19 Q Can you give me an idea of what was around?

20 Where were you in the room?

21 A Well, there was -- either one side was where

22 you were standing and the other side was the dance floor

23 so -- I was close to the dance floor. I don't recall

24 exactly what I was doing that very second.

25 Q Was the party still crowded at this point?

0063

1 A Yes.

2 Q Now, when he came over and grabbed your hand,

3 were you all by yourself?

4 A I don't recall.

5 Q Do you recall what you were doing at that

6 moment?

7 A That very second, no.

8 Q Now, you were at the party to be marketing

9 clients, correct?

10 A Yes.

11 Q Were you with clients at that time?

12 MR. RISER: She just said she doesn't recall.

13 THE WITNESS: I'm sure I was talking --

14 MR. RISER: Asked and answered.

15 THE WITNESS: -- to somebody. I don't recall.

16 BY MR. PAPP:

17 Q So you were sure you were talking to somebody

18 now, correct?

19 A I don't recall what I was doing that second.

20 Q But do you have a recollection that you were

21 talking to somebody when Jack Linden came up and

22 grabbed your hand?

23 MR. RISER: That was asked and answered.

24 THE WITNESS: I don't know what -- I don't know

25 if I was looking at the dance floor, or talking to

0064

1 somebody, I don't recall which. He came and took my hand.

2 That's all I remember.

3 BY MR. PAPP:

4 Q Do you recall how many people were near by you

5 when this happened?

6 A There was a lot of people in the room.

7 Q Near by you?

8 A I don't recall. I didn't count.

9 Q Now, you said that he grabbed your hand.

10 Describe what you mean?

11 A Grabbed my hand.

12 Q How hard did he grab it?

13 MR. RISER: Vague. Objection; vague.

14 THE WITNESS: Enough to pull me, like, let's

15 go. Enough for me to feel it.

16 BY MR. PAPP:

17 Q Did it hurt you?

18 A No.

19 Q Did he squeeze it hard?

20 A He -- he held on tight enough to say let's go.

21 Q Did it leave a mark on you?

22 A No, Mr. Papp.

23 Q Did he interlace his fingers with yours?

24 A He was -- he was pulling my hand. I don't

25 know. I -- I -- I don't recall how he did it.

0065

1 Q Did he grab you by the hand or by the wrist?

2 MR. RISER: If you know.

3 THE WITNESS: He grabbed me a couple times.

4 It's hard to -- I don't recall the exact second.

5 BY MR. PAPP:

6 Q Well, this is -- this is your statement,

7 though. So my question is, when he grabbed you, was --

8 A I don't recall that very second. Unless --

9 yeah. I don't know if it was by the wrist or by the

10 hand because he grabbed me a couple of times.

11 Q Okay. Now, did you try to pull away at all?

12 A No. I was confused.

13 Q Did you slap him?

14 A No.

15 Q What did you feel his intentions were toward

16 you at that moment?

17 A We're leaving.

18 MR. RISER: Calls for speculation.

19 MR. PAPP: No. This is her feelings.

20 THE WITNESS: We have to leave.

21 BY MR. PAPP:

22 Q Were you scared?

23 A Confused.

24 Q Were you afraid for your safety?

25 A Yes.

0066

1 Q And why is that?

2 A (No audible response.)

3 Q Why was that?

4 A Because I didn't know what was going on. And

5 I didn't know where everybody was.

6 Q When you say you did not know what was going

7 on, in what sense do you mean that?

8 A I didn't know where everybody went and why

9 him and I were the only ones there that I saw.

10 Q It wasn't in the sense that you had been

11 drinking and you were drunk, for example?

12 A No.

13 Q Do you recall how many drinks you had had by

14 this point in the evening?

15 A Just the ones that he gave me.

16 Q And that if I recall would be two, correct?

17 A Yeah.

18 Q Unless there is more, I don't know.

19 A Apple Martini, there is the beer.

20 Q Well, the beer was -- Frank gave you that?

21 A Okay. You mean just Jack?

22 Q No. You said just the ones he gave me, and I

23 assume that was Jack Linden.

24 A You're right. The beer, the -- I'm

25 counting -- I'm counting how many I had.

0067

1 Q Fair enough.

2 A Two -- apple martini, I don't know.

3 Two -- two to three. Third was maybe a sip or

4 two.

5 Q And do you recall how long you had been at the

6 party at this point? How many hours it was?

7 A At what point?

8 Q At the point he grabbed your hand and said,

9 we're leaving.

10 A Well, it says here that I left around 1:30.

11 Q Okay. So Jack Linden grabs your hand and says

12 we're leaving, correct?

13 A Yes.

14 Q And what did you take that to mean?

15 A We're leaving.

16 Q Nothing more?

17 A I didn't know what to think, Mr. Papp. I was

18 confused.

19 Q How did he say it to you, in what manner?

20 A Come on, we're leaving. And he pulled my arm.

21 Q And that was at his tone, the one you just

22 used here right now?

23 A I don't know how to answer that, Mr. Papp.

24 Q Okay. Well, for example, did he whisper it in

25 your ear?

0068

1 A No. He didn't whisper it. He said, come on,

2 we're leaving.

3 Q Did he yell it at you?

4 MR. RISER: Asked and answered.

5 THE WITNESS: I don't know how to answer that.

6 Sorry. I don't know how to answer that.

7 BY MR. PAPP:

8 Q Did he say it with an insidious tone in his

9 voice, for example.

10 A I don't understand that.

11 Q Meaning in a sexual way?

12 MR. RISER: She just answered how he said it.

13 THE WITNESS: I don't know how to answer that.

14 Like I said, I don't know how to answer that.

15 BY MR. PAPP:

16 Q And then the next sentence starts, "we headed

17 up the stairs." Do you see that?

18 A Yes. Sorry. Hold on. Is that the fourth

19 paragraph?

20 Q Should be the next sentence down.

21 MR. RISER: I don't see that, counsel.

22 THE WITNESS: Yeah. I don't see that.

23 MR. RISER: It says, "around 1:30 a.m. Jack came

24 over to me and grabbed my hand. He said, we're leaving."

25 MR. PAPP: Oh, I see.

0069

1 MR. RISER: "I proceeded with him to think he was

2 rounding us all up to leave."

3 BY MR. PAPP:

4 Q Okay. Looking at that language. Thank you.

5 "I proceeded with him to leave." Do you see

6 that language?

7 A Yeah.

8 Q To where did you proceed?

9 A To the front door.

10 Q Of the club?

11 A Yes.

12 Q Did he still have a hold of your hand?

13 A Yes.

14 Q Was he pulling you by force out of the place?

15 A He was pulling me.

16 Q Did you pass any MxMedDevice employees as you

17 were heading towards the front door?

18 A I didn't see any.

19 Q When did he let your hand go?

20 A When I got to the stairs.

21 Q Now, did you pull your hand away or did he let

22 it go?

23 A I don't recall.

24 Q Okay. Next sentence is, "once I got to the

25 front door." Do you see that?

0070

1 A No.

2 Q It's a continuation of it, next sentence.

3 "Once I got to the front door."

4 A Okay.

5 Q What was the path you took to get to the front

6 door? I take it, this is of the club or the -- is it

7 the hotel?

8 A The club.

9 Q Okay. What was the path you took to get to

10 the front door?

11 A The path?

12 Q Huh-uh.

13 A What do you mean the path?

14 Q Did you have to go around the dance floor, did

15 you have to weave through tables, were you right in

16 front of the door when this happened? What was the --

17 A The door -- it was close proximity. We just

18 walked out.

19 Q How close were you to the door?

20 A I don't know, Mr. Papp.

21 Q Did you go past any club security at that

22 point?

23 A I don't recall.

24 Q And you didn't say anything to anyone about

  1. needing help at that point, correct?

0071

1 A No.

2 Q Did you pass any friends as you left the club?

3 A I don't recall.

4 Q Do you recall saying good-bye to anyone as you

5 left?

6 A No.

7 Q No, you don't recall?

8 A I didn't.

9 Q Did you try to make any efforts to go say

10 good-bye to your friends as you left the club with Jack?

11 A He was pulling my arm, no.

12 Q Did you make any effort at that point to try

13 to get away from Mr. Jack Linden?

14 A No.

15 Q Why not?

16 A He was my boss. He is saying we have to go.

17 Q Do you recall passing any of your clients as

18 you left the club with Jack Linden?

19 A There were clients there. I'm sure we -- I

20 passed by them.

21 Q Do you have a recollection of doing that?

22 A No.

23 Q Do you have a recollection of trying to go

24 over to them to try to get away from Mr. Jack Linden?

25 A No. At that point? Exact point?

0072

1 Q Yeah. As he is pulling you out of the club,

2 correct?

3 A No.

4 Q Now, the next sentence is, "once I got to the

5 front door." Do you see that? I noticed the others were

6 not coming. Do you see that language?

7 A Okay.

8 Q When was the last time you had seen a MxMedDevice

9 employee prior to that moment?

10 A I don't recall.

11 Q Do you have any recollection if it was a long

12 period of time?

13 A I can't give you minutes, no. This was two

14 years ago. I don't remember how many minutes.

15 Q What was the last MxMedDevice employee that you

16 saw before you left the club?

17 A I don't recall who exactly it was.

18 Q Do you have any recollection of what they were

19 doing?

20 A No. I saw them -- no.

21 Q Now, is there a particular reason why you were

22 by yourself at this point in time?

23 A I didn't say I was by myself.

24 Q So --

25 A At what point are you talking about? Where?

0073

1 Q When Jack Linden grabbed your hand and

2 said, come on, we're going?

3 MR. RISER: She already testified that -- what

4 she was doing and she doesn't recall exactly who she was

5 with. So --

6 BY MR. PAPP:

7 Q Okay. Couple sentences down. It says, "I was

8 surprised, confused and upset."

9 Do you see that language?

10 A Okay.

11 Q Same paragraph.

12 A Yes.

13 Q Had you seen Jack Linden try to round up any

14 of the other employees?

15 A No.

16 Q Did you, yourself, try to find any other

17 employees to -- to leave with you guys?

18 A No.

19 Q Why not?

20 A He grabbed my hand and said, we're leaving.

21 Q So at this point in the evening, you're now

22 alone with Mr. Jack Linden, correct?

23 A Yes.

24 Q And according to you, he had already made

25 unwanted sexual advances towards you, correct?

0074

1 A Yes.

2 Q You slapped him, correct?

3 A Yes.

4 Q What was your feeling at this point about what

5 Jack Linden was doing?

6 A I wasn't feeling well. That's what I was

7 feeling.

8 Q Physically?

9 A Yes.

10 Q Were you afraid at all of what Mr. Jack Linden

11 might try to do to you?

12 A Yes.

13 Q And what were your thoughts?

14 A Same thing; confused; nervous; not feeling

15 well; hadn't had anything to eat. They still hadn't

16 gotten me anything. I wasn't feeling well.

17 Q Did you have concerns for your safety at that

18 point?

19 A At what point?

20 Q The point that you're alone with him now,

21 Mr. Jack Linden?

22 A At what point? The point when he is grabbing

23 my hand or when he is feeling me up.

24 Q When he pulling you out of the club and now

25 you're alone with him?

0075

1 A When he is pulling me out from the -- from the

2 front door to -- he starts feeling me up as I get up the

3 stairs. So what point are you talking about? I felt

4 threatened for my safety when I was going up the stairs.

5 That's when he started -- hum, sexually assaulting me

6 feeling me up. Yeah, that's when I was uncomfortable.

7 And I got scared.

8 Q Okay. Now, the next paragraph down, begins "as

9 we proceeded to walk outside, he continued to pull on my

10 hand and said, let's go." Do you see that language?

11 A No.

12 Q It's the beginning of the next paragraph down.

13 A Okay.

14 Q Do you see the language?

15 A Yes, I do.

16 Q So continued to pull on your hand. So at this

17 point is he dragging you out of the place?

18 A He’s pulling me, Mr. Papp. He is not

19 grabbing me by my hair. He is pulling me out the door.

20 Q Describe the configuration of your body when

21 you say he's pulling you out the door. Was your -- you

22 were both in arm's length away from each other and he

23 was pulling you out? Was -- are you side by side?

24 Describe -- describe this.

25 A He came over to me and pulled my arm -- my

0076

1 hand or arm, whatever it is.

2 Q Okay. This is as you proceeded to walk

3 outside. So now you're outside. This is a different

4 location?

5 A He was pulling my hand all the way outside.

6 Q Okay. And describe your relationship to him,

7 physically? Was he pulling you at arm's length away?

8 Were you side by side? Describe that.

9 A He was in front of me pulling me.

10 Q So he was in front of you pulling you?

11 A Yes.

12 Q Now, at this point, he only has a hold of your

13 hand; he is pulling you out of the place; you're outside

14 now.

15 A Yes.

16 Q Are you on board?

17 A Yes.

18 Q What do you think Jack Linden's intentions

19 were towards you at that point?

20 MR. RISER: Objection; calls for speculation as

21 to what his intentions were.

22 MR. PAPP: No. What she thought his

23 intentions were. Not what his intentions actually were.

24 THE WITNESS: I was confused.

25

0077

1 BY MR. PAPP:

2 Q Okay. Next sentence down says, "we headed up

3 the stairs." Do you see that?

4 A Yes.

5 Q Now, these are outside stairs, correct? Are

6 these moving stairs, an escalator?

7 A No.

8 Q Are these outside in the evening or are they

9 outside the club but still inside the hotel?

10 A Outside of the club in the hotel.

11 Q Now, was there anyone else around you at this

12 moment when you were going up the stairs?

13 A There were people around.

14 Q Were they leaving?

15 A I don't know what they were doing, Mr. Papp.

16 Q People were coming up and down the stairs?

17 A Those stairs?

18 Q These are the very stairs that we're talking

19 about?

20 A I don't recall. I didn't see anybody on the

21 stairs. I'm talking about the surrounding. It's a

22 small area.

23 Q Okay. There were people around but not

24 necessarily on the stairs?

25 A I don't recall.

0078

1 Q Okay. So as you start to go up the stairs,

2 describe your proximity to Mr. Jack Linden. Who was

3 first? Who was second? Side by side?

4 A Somehow we let go of our -- our hands or

5 something. I don't know how it happened. I started

6 running up the stairs when he started feeling me up.

7 I'm going to throw up.

8 MR. RISER: You want to take a break?

9 THE WITNESS: No. Just go ahead.

10 MS. CHAMBERS: You okay?

11 THE WITNESS: Yeah.

12 BY MR. PAPP:

13 Q So you leave the club, there is a -- a lobby

14 area --

15 A Yes.

16 Q -- correct? And then the stairs begin?

17 A Yes.

18 Q You reach the stairs first?

19 A I don't -- I don't know. We just -- like, I

20 don't know if he let go of my arm or what happened. We

21 started going up the stairs.

22 Q Okay. Then you say "he started grabbing my

23 buttocks and slipping his hand between my buttocks." Do

24 you see that language?

25 A Yes. No, I don't see it, but I know.

0079

1 Q Well, it's in your statement.

2 A Okay.

3 Q Describe how he did that? Was he behind you

4 when he did it?

5 A Yes.

6 Q Was he close behind you?

7 A Yes.

8 MR. PAPP: You need to take a moment?

9 THE WITNESS: Yes.

10 THE VIDEOGRAPHER: Off the record at 11:38 a.m.

11 (A short recess was taken.)

12 THE VIDEOGRAPHER: Back on the record at 11:43

13 a.m. This the start of tape 2.

14 BY MR. PAPP:

15 Q Now, returning to your statement, fourth

16 paragraph, second line, "you head up the stairs and he

17 starting grabbing my buttocks."

18 Do you see that language?

19 A Yeah.

20 Q How hard did he grab you?

21 MR. RISER: Vague as to hard.

22 THE WITNESS: It was more feeling.

23 BY MR. PAPP:

24 Q Was it a rub?

25 A Grabbing or rubbing.

0080

1 Q Did he use one hand?

2 A It was just when I was walking up the stairs,

3 he was doing two hands behind me.

4 Q And that was on both sides of your buttocks?

5 A (No audible response.)

6 Q Yes.

7 A Yes, sir.

8 Q And how did you feel when this happened?

9 A I was yelling to stop.

10 Q And there was other people around, correct?

11 MR. RISER: She didn't testify there were other

12 people on the stairs.

13 THE WITNESS: There were people around, yes.

14 BY MR. PAPP:

15 Q At what point on the stairs, did this -- did

16 he first touch your buttocks?

17 MR. RISER: What do you mean, about how far up

18 the stairs?

19 MR. PAPP: Correct.

20 MR. RISER: Do you know?

21 THE WITNESS: As soon as I started on the stairs.

22 BY MR. PAPP:

23 Q Now, when you felt him touch your buttocks,

24 were you frightened?

25 A Yes.

0081

1 Q Had Mr. Jack Linden ever done anything like

2 that to you before?

3 A No.

4 Q Now, you say you slipped his hand between my

5 buttocks. Do you see that?

6 A I'm trying to -- I know the part. I --

7 Q Second sentence, fourth paragraph.

8 A Yes.

9 Q What does that mean?

10 A He was going deeper as I was walking up the

11 stairs. He was putting his hands deeper under my butt?

12 Q So that was under your butt?

13 A Going under, yes.

14 Q Now, when you told him to stop, what was your

15 tone of voice?

16 A Angry.

17 Q Were you -- was it loud as well?

18 A Yes.

19 Q How many times did you tell him to stop?

20 A Saying stop it.

21 Q Did anyone come to help you?

22 A No, sir.

23 Q Do you recall how close the closest person was

24 to you?

25 A No.

0082

1 Q Did you slap Mr. Jack Linden?

2 A I couldn't.

3 Q Why not?

4 A Because he was behind me.

5 Q All right. Did you kick at him?

6 A No.

7 Q Why not?

8 A Didn't know what to do.

9 Q Did you strike at him in any fashion?

10 A No. I was running.

11 Q So he was running up the stairs behind you?

12 A Yes.

13 Q Did you ever kind of look at him when you told

14 him to stop?

15 A I was looking back to see how far behind he

16 was as -- but I was trying to focus on getting up the

17 stairs because I didn't feel good.

18 Q So you just turned back to look where he was

19 proximity-wise?

20 A Yes.

21 Q Did you see his face?

22 A I don't remember.

23 Q How would you describe Mr. Jack Linden at

24 this point, his demeanor, his behavior?

25 A I don't understand.

0083

1 MR. RISER: Objection; vague.

2 BY MR. PAPP:

3 Q Was he drunk?

4 A I don't know.

5 Q Was he acting lecherous towards you?

6 MR. RISER: Other than grabbing her?

7 MR. PAPP: Uh-huh.

8 THE WITNESS: Inappropriate.

9 BY MR. PAPP:

10 Q Did he -- I'm talking about his demeanor. Did

11 he otherwise seem normal?

12 MR. RISER: While he is grabbing her?

13 MR. PAPP: Yes.

14 BY MR. PAPP:

15 Q What was his demeanor while he was doing this?

16 A Un-normal.

17 Q What was that?

18 A Un-normal.

19 Q Un-normal. Next sentence says, "I continued to

20 rush up the stairs." Do you see that language, very next

21 sentence?

22 A Yes.

23 Q Can you describe what you mean by that?

24 A Kept going up the stairs. I was rushing up

25 the stairs.

0084

1 Q Were you running up the stairs?

2 A Yes.

3 Q Now, did you arrive at the top of the stairs

4 together?

5 A I was ahead of him I think a little bit, but

6 he was pretty close.

7 Q Within arm's length?

8 A Within a step.

9 Q Okay. The next sentence reads, "he proceeded

10 to grab my butt lower and lower, even once we got to the

11 top of the stairs." Do you see that language?

12 A Yes.

13 Q What do you mean by that? When you say lower

14 and lower, what do you mean?

15 A He kept going lower and lower and under my

16 butt.

17 Q And this was with two hands?

18 A Yes. Because I was running up, he just kept

19 doing both hands.

20 Q Did Mr. Jack Linden say anything to you

21 during this period?

22 A He was laughing.

23 Q When you say lower and lower, was he grabbing

24 your crotch area?

25 A He was trying to get to my crotch area but he

0085

1 couldn't.

2 Q Why couldn't he?

3 A Because I was on my period.

4 Q Now, the last sentence in that paragraph

5 reads, "at this point Jack stated because I worked for

6 him he owned me and there was nothing I could do."

7 Do you see that language there?

8 A I can't see. Sorry. Yeah.

9 Q Where was this statement made to you?

10 A When I was yelling stop.

11 Q This is on the stairs?

12 A I don't know if we reached the top. As I was

13 running. I don't recall exactly which second.

14 Q How did he say it to you? What was his

15 manner?

16 A I don't understand.

17 Q What was the tone of his voice when he said it

18 to you?

19 A Laughing. Not a normal laugh, not like you're

20 chuckling, but just like an evil laugh.

21 Q Did he shout it to you?

22 A I don't know if it was shouting.

23 Q Did he grab you when he said it?

24 A He was grabbing me.

25 Q Were you looking at him when he said it?

0086

1 A No. I was running.

2 Q What did you take the statement, "because you

3 work for him he owns you" to mean?

4 A Just what it says.

5 Q But what did you believe that meant?

6 A That as long as I wanted to work there, I had

7 to do what he said.

8 Q And how did that make you feel?

9 A Like a prostitute.

10 Q Now, at this point -- and this is you're at

11 the top of the stairs; these actions had just transpired

12 we talked about, what do you think Mr. Jack Linden's

13 intentions were towards you at that point?

14 MR. RISER: Just what you thought. You,

15 obviously, can't know what he was thinking.

16 MR. PAPP: That's what I asked.

17 THE WITNESS: What was his intentions?

18 BY MR. PAPP:

19 Q Yeah. What did you think his intentions were

20 towards you at that point?

21 A I didn't know what he was going to do.

22 Q You did not know what he was going to do?

23 A No.

24 Q Were you afraid for your safety at that point?

25 A Yes.

0087

1 Q Did you feel you were in danger?

2 MR. RISER: Asked and answered.

3 THE WITNESS: I didn't know what to think,

4 Mr. Papp. I was confused. I was sick. I didn't know what

5 to do.

6 BY MR. PAPP:

7 Q At that point, in your mind, did you think

8 that there was really, in fact, nothing you could do?

9 A It was happening, what could I do? It was

10 happening. I was running. There was nothing I could

11 do. I was trying to run as fast as I could up the

12 stairs.

13 Q And why did you think there was nothing you

14 could do?

15 A I had heels on. He was running after me.

16 Where -- I was running up the stairs.

17 Q Okay. You're at the top of the stairs now,

18 correct?

19 A Once I got to the top. You talking about when

20 I'm running up or when I'm already --

21 Q No. Now you're at the top of the stairs.

22 Okay. He has made the comment to you, ‘you work for him,

23 he owns you’ and there is nothing you can do.

24 Okay. Correct?

25 A Yes.

0088

1 Q And my question was, did you really think

2 there was nothing, in fact, you could do?

3 A I was in shock.

4 Q Now, was there any reason why you couldn't

5 have slapped him at that point?

6 MR. RISER: Asked and answered. She said she

7 was in shock.

8 MR. PAPP: That didn't answer the question.

9 BY MR. PAPP:

10 Q My question was, you could have slapped him,

11 correct?

12 A I was in shock, Mr. Papp.

13 Q So you didn't slap him because you were in

14 shock?

15 MS. CHAMBERS: She was running.

16 MR. PAPP: No. They were at the top of the

17 stairs.

18 MS. CHAMBERS: She was still running.

19 THE WITNESS: I was -- I was scared. I was

20 shocked. I -- I was mortified. I was humiliated who --

21 wondering who saw me.

22 BY MR. PAPP:

23 Q Uh-huh.

24 A Clients. I was mortified. I didn't -- I

25 didn't -- too many things were going in my head.

0089

1 Q Okay. You could have alerted someone to your

2 situation at this point, correct?

3 A No one came. If they would have, but I don't

4 understand why nobody came. Nobody came to help.

5 Q Okay. You're still inside the hotel, correct?

6 A It's outside the hotel, the stairs. So you

7 still have to go through another way before you get to

8 the entrance of the hotel.

9 Q Okay. So your outside?

10 A We're still outside, yeah. Even though you

11 get to the top of the stairs.

12 Q Did you -- you have no recollection of passing

13 anyone at this point, correct?

14 A There were people around, Mr. Papp. I don't

15 know who was around.

16 Q Did you ask anybody for help?

17 A I was yelling to stop. Nobody came.

18 Q But did you ask anybody for help? Help me.

19 Help me.

20 A How? I was saying stop. I don't know. I

21 don't know.

22 Q Okay. The next small paragraph talks about a

23 hotel transport. Do you see that?

24 A Yeah.

25 Q Okay. How long did it take for you to make

0090

1 your way from the party to where the hotel transport was

2 located?

3 A I think that was the cab. I got it -- that

4 was the cab. Everything was happening so fast. I don't

5 remember -- at the time I didn't remember if it was the

6 cart, the cab. All I know is when I got in, he

7 immediately just kept going on.

8 Q Okay. You wrote the statement around the end

9 of April, the end of May, correct?

10 A Yes, I guess.

11 Q Now, in relationship to the hotel transport,

12 did you pass any security at that location?

13 A I don't remember.

14 Q Did you pass the front desk?

15 A To get to the cab?

16 Q Correct.

17 A I would assume so. I don't -- everything was

18 just -- I don't even -- I'm sure I did.

19 Q Okay. Did you pass, for example, the valet

20 parking?

21 A All I know is, by the time I got to the ride,

22 I was just so shocked and so -- I was just trying to get

23 away. I don't remember who I passed, what I did. I was

24 just going fast, trying to get away.

25 Q Were you in a cart at some point in that

0091

1 evening because this talks about a cart.

2 A Yeah. I think I got it backwards. The cart,

3 I think was when we were going back to our -- to your

4 room. But it was a cab first.

5 Q Okay. But there was a cart at some point

6 involved?

7 A Yes, sir.

8 Q All right. Do you recall what the weather was

9 like that evening?

10 A What the weather was like? Maybe a little

11 cold at night, but nothing that stands out.

12 Q Now, this says the outside hotel transport

13 cart finally pulled up. Do you see that?

14 A I think it was the cab, yeah.

15 Q Okay. Well --

16 A Because it was nighttime.

17 Q I am focused more on they finally pulled up.

18 You were standing there at some point waiting, correct?

19 A We got there, yes. I -- I ran to where I knew

20 two of the vendors. So, yes.

21 Q Okay. While you were outside waiting, were

22 you wearing any type of a coat?

23 A I don't -- I don't remember. I don't think

24 so.

25 Q Did you have a coat that evening?

0092

1 A I don't think so, no.

2 Q Did Jack Linden have his coat on?

3 A I don't recall.

4 Q Do you recall what Mr. Jack Linden was

5 wearing that evening?

6 A No, I don't remember.

7 Q Do you recall how long you waited before hotel

8 transport pulled up?

9 A Say that again? I'm sorry.

10 Q Do you recall how long you waited before the

11 hotel transport pulled up?

12 A I don't recall.

13 Q Was it less than a half an hour?

14 A Yes.

15 Q Was it less than ten minutes?

16 A I don't know. Maybe more than that. I don't

17 recall any more or less than that.

18 Q Around a half hour maybe?

19 A It could have -- it was probably less than

20 that. I don't recall how long.

21 Q Do you recall ever looking at your watch while

22 you're waiting?

23 A No. I was just glad there were other people

24 around.

25 Q That was my next question. Were there other

0093

1 people also standing there?

2 A Yes. Waiting for a ride.

3 Q Do you recall how many?

4 A No.

5 Q Did you know any of them?

6 A Yes.

7 Q Who did you know?

8 A Tom.

9 Q Last name?

10 A I don't remember his last name.

11 Q Anybody else?

12 A No. I didn't know.

13 Q Okay. Was he the only person you knew or was

14 there somebody else you knew?

15 A He was the one that I knew; that I had seen

16 around.

17 Q As you stood there waiting, did more people

18 continue to arrive at the hotel transport location?

19 A There was another guy with him.

20 Q With who?

21 A With Tom.

22 Q Okay. But do you recall that while you stood

23 there waiting, other people continue to arrive at that

24 location for transport?

25 A I don't remember.

0094

1 Q Now, as you stood there waiting, where was

2 Jack Linden relative to you?

3 A Very close to me.

4 Q How close?

5 A I don't know.

6 Q Were you side by side?

7 A I don't recall, Mr. Papp.

8 Q Were you still holding hands? Or was he still

9 holding your hand, I should say.

10 A I don't think so, no.

11 Q While you stood there waiting at the hotel

12 transport, did Jack Linden ever change position

13 relative to you?

14 A I don't understand.

15 Q Did he move around, walk away from you, walk

16 behind you, anything of that nature?

17 A I don't recall.

18 Q Okay. As you were waiting for the hotel

19 transport to arrive, did you continue to try to get away

20 from Mr. Jack Linden?

21 A I thought I would be safe if there were other

22 people in our cab.

23 Q No. I mean, while you were waiting for the

24 hotel transport. Did you try to get away from him by

25 going to someone else?

0095

1 A To who?

2 Q Anybody.

3 A There wasn't anybody that I had -- that I was

4 that close with that I could do that with. I knew the

5 other guy, but not like that.

6 Q Okay. Did you feel you needed somebody close

7 to you?

8 A Somebody to help, somebody to do something.

9 Q Is there any reason why that couldn't have

10 been anybody who was there?

11 A You would have to ask them why they didn't.

12 Q I'm asking you why you didn't make the effort

13 to go seek help with anybody else?

14 A I was embarrassed. I was in shock. I didn't

15 know what to do. I had no clue what to do.

16 Q And so you didn't talk to the other people who

17 were there, correct?

18 A I was -- quiet. I was -- no.

19 Q You didn't talk to --

20 A I was in shock.

21 Q You didn't go to hotel employees, correct?

22 A When this first happened?

23 Q While you're standing there waiting for the

24 hotel transport to arrive. It already happened.

25 A No.

0096

1 Q Do you recall how many people, total, were

2 standing at the location waiting for the hotel

3 transport?

4 A I don't recall. I just know of two.

5 Q Was there more than just those two standing

6 there?

7 A I don't recall.

8 Q Describe for me the transport that arrived?

9 A I don't understand.

10 Q What was it?

11 A I think it was a cab or something. It was

12 nighttime.

13 Q Was the area lighted?

14 A I think somewhat.

15 Q This was the taxi stand, correct?

16 A I think it was a -- yeah, I think it was a

17 taxi or something. Again, I was just so mortified. I

18 don't -- I was just trying to get back to my room.

19 Q Can you describe the transport that arrived?

20 Was it a van, bus, limo or was --

21 A I was a bigger -- I think -- it wasn't a -- I

22 don't know if it was -- it was a bigger car. It wasn't

23 really -- it looked like a car because you could sit,

24 you know, two people this side and two people. But it

25 was like it was a cab.

0097

1 Q When you say cab, do you mean like a --

2 A Yellow.

3 Q -- like a car?

4 A Yeah. I think so, yeah.

5 Q So it wasn't a minivan-type of thing?

6 A I don't know. I wasn't feeling well. It was

7 just a car that got me to my designation.

8 Q Was there anyone other than the driver already

9 on board in that cab?

10 A No. Not that I know of, no.

11 Q Now, during this period of waiting for the

12 hotel transport, did Mr. Jack Linden touch you at

13 all?

14 A During when?

15 Q When you're waiting for the hotel transport?

16 A Yes. He will cop little feels.

17 Q This is while -- this is after the stairs, but

18 while you're waiting for the hotel transport, correct?

19 A Yes.

20 Q What did he do when he copped little feels?

21 A He would keep touching my behind.

22 Q Describe the touching.

23 A Just -- I don't know how to describe it. When

24 somebody -- it's inappropriate touching.

25 Q I mean, for example, was he rubbing your butt,

0098

1 was he squeezing it? Describe it for me.

2 A I don't remember which time -- he was just

3 touching it, and kind of smacking it and just -- I don't

4 know. He was just feeling on it.

5 Q This is while you're waiting for the hotel

6 transport, correct?

7 A Yes.

8 Q Did he say anything to you during this period?

9 A No. I was just looking because I was -- no.

10 Q Did he brush up against you?

11 A Not yet.

12 Q Other than your behind, did he stroke you

13 anywhere else?

14 A Not yet.

15 Q Did he whisper anything in your ear?

16 A No.

17 Q Did he stare at you in a sexual manner?

18 A He was behind me. I couldn't see.

19 Q Now, did you speak with any other people at

20 the hotel transport location as you waited?

21 A I don't understand.

22 Q You're standing there with Jack Linden,

23 you're waiting for the hotel transport --

24 A Yes.

25 Q -- correct? Other people there, correct?

0099

1 A Two guys that I saw.

2 Q Okay. Did you speak to anybody while you

3 waited?

4 A I think I said "hi" to Tom.

5 Q Did you say anything else besides "hi"?

6 A I don't recall.

7 Q At the point that you said, "hi", to this

8 gentleman Tom, had you been crying?

9 A I don't think I was crying -- I don't know. I

10 don't think I was. I think I was just so in shock and

11 upset and humiliated.

12 Q Did you know whether or not your facial

13 expressions -- hum, revealed that mental state?

14 A I was hoping it wouldn't because I was trying

15 to hide it.

16 Q So you were trying to hide how you felt? Is

17 that correct?

18 A I was embarrassed, yeah, these were my

19 competitors. And I didn't want people to laugh at me.

20 Q But at the same time you're afraid for your

21 safety, correct?

22 A Yes.

23 Q Now, Jack was behind you, correct?

24 A Yes.

25 Q Did you try to move away from him?

0100

1 A I don't recall what I did, Mr. Papp. I don't

2 recall.

3 Q Was he behind you the entire time?

4 A I don't recall.

5 Q Do you recall whether or not Mr. Jack

6 Linden spoke to any of the people who were there?

7 A Once he saw somebody there, they made small

8 talk.

9 Q Do you recall any of that conversation?

10 A About sharing a cab or something. I don't

11 recall what.

12 Q Was this conversation with Tom?

13 A Yeah. I don't know if I was trying to get him

14 to share a cab with them or something. I just didn't

15 want to go with him by myself. I think I asked Tom,

16 let's share a cab or something.

17 Q Other then touching you and doing small talk,

18 what else was Mr. Linden doing, if you know?

19 A When?

20 Q During this wait.

21 A That's -- that's what he was doing. That so

22 far.

23 Q Did he make any phone calls, for example, on

24 his cell phone?

25 A I didn't see.

0101

1 Q Now, the people waiting for the hotel

2 transport, was anyone wearing nametags?

3 A I wasn't paying attention to that.

4 Q Were you still wearing yours?

5 A I don't even know if I was wearing it. I

6 don't recall.

7 Q Did you know if Mr. Jack Linden had a nametag

8 on?

9 A I don't recall.

10 Q Were there any hotel employees working

11 specifically at the hotel transport location?

12 A Say that again?

13 Q Yes. Were there any hotel employees working,

14 specifically, at that location?

15 MR. RISER: That calls for speculation.

16 THE WITNESS: I don't remember.

17 BY MR. PAPP:

18 Q Guy flagging cabs down; opening the doors

19 for people; that kind of stuff?

20 A I don't remember.

21 Q Now, in your statement, the next paragraph

22 down, last paragraph on that page, it says, "I proceeded

23 to get in the cart with Jack." Do you see that?

24 A Yeah.

25 Q But you're not sure if that's, actually, a

0102

1 cart, correct?

2 A I know I got in a cart with him. I think it

3 was after that I got the cab and the or cart -- because

4 it was nighttime. I was just so mortified. I don't

5 know which one. I think it was a cab -- I got in with Jack

6 and the two guys.

7 Q Okay. So --

8 A Because they were both -- both facing the

9 same -- like, they were the same. It's not like a

10 normal cab where you just -- doesn't matter.

11 Go ahead. Sorry.

12 Q Okay. Well, just looking at the language that

13 you have here. Well, look at the paragraph before that,

14 the two line paragraph. Do you see that? You say that

15 you "were hesitant in getting in with Jack."

16 A Yeah.

17 Q Do you see that language?

18 A No.

19 Q You see the two line paragraph above?

20 A I was -- yes.

21 Q Okay. Talks about the cart. And then you say

22 "I was hesitant in getting in with Jack."

23 Do you see that language?

24 A Yes.

25 Q Okay. Why did you get in at all?

0103

1 A Because there were those other two vendors and

2 I figured I would be safe.

3 Q Where in the cart did you sit?

4 A I got in and Jack followed me to where I was

5 sitting.

6 Q Which was where?

7 A On the same side.

8 Q Was that in the back or in the front or where

9 was it?

10 A I would say it's the back.

11 Q Now, just talking about the cart, I just want

12 to focus on the cart, whenever that happened.

13 How did you get into the back? Did you have

14 to go past seats? Was there a door directly to where

15 you sat down?

16 A I don't recall how we got in.

17 Q Do you recall how many rows of seats there

18 were?

19 MR. LeMASTER-FARRIMOND: Is this the taxi or

20 the cart?

21 MR. PAPP: I'm just focusing on the cart.

22 MR. LeMASTER-FARRIMOND: Okay.

23 THE WITNESS: Well, I'm sorry. This is the

24 cab --

25 MR. PAPP: This is the cart.

0104

1 THE WITNESS: I'm sorry. Because I told you that

2 I think the cart was the cab. I'm got them confused.

3 MR. RISER: You're talking about the first

4 vehicle --

5 THE WITNESS: Yeah. The first vehicle.

6 MR. RISER: -- that she went into after -- after

7 they were waiting at the --

8 THE WITNESS: Right.

9 MR. RISER: -- cab stand at the hotel.

10 MR. PAPP: I'm talking about whatever her

11 statement says here. And it says, a cart showed up. I

12 am just going with the cart, whenever that was.

13 THE WITNESS: Okay. The cart is a cab. I think

14 it was a cab.

15 MR. RISER: It wouldn't be the first vehicle

16 she got in after that, the guy with the clock.

17 MS. CHAMBERS: Isn't it at the --

18 THE WITNESS: Yeah. At the Marriott.

19 MR. PAPP: Okay.

20 THE WITNESS: You can just call it the vehicle.

21 BY MR. PAPP:

22 Q Well, because later you go on to talk about

23 the cab, so I want to keep these two separate.

24 Your statement talks about the cart, so I'm

25 just going with the cart.

0105

1 MR. RISER: She is trying to clarify the

2 incident.

3 MR. PAPP: I understand that. But I want to

4 talk about the cart.

5 MR. RISER: So you want to skip ahead. So

6 what she is --

7 THE WITNESS: Right.

8 MR. RISER: -- saying the cart happened later.

9 THE WITNESS: I got them -- yeah. When I did

10 this -- I got -- I was emotional when I wrote all this, so

11 it's --

12 BY MR. PAPP:

13 Q Okay. Just focusing on the cart.

14 A Okay. So after.

15 Q Correct. Whenever it happened, the cart.

16 A Yeah. But I'm talking about the cab still on

17 this part. So that's the hard part.

18 MR. RISER: Are you going to go

19 chronologically --

20 THE WITNESS: It's not the cart.

21 MR. PAPP: Okay. Well, no, she actually

22 clarified the problem that she's --

0106

1 THE WITNESS: I'm talking about the -- right now,

2 I'm still talking about the -- the cab ride here.

3 MR. PAPP: All right.

4 MR. RISER: The first one was a cab she said.

5 BY MR. PAPP:

6 Q All right. I Gotcha.

7 And as far as the cab is concerned, you

8 believe that was a car, correct?

9 A It's a car, yeah.

10 Q Okay. Do you -- was there -- well, describe

11 for me where everybody sat in the car. I don't how else

12 to do that without --

13 A Yeah. It kind of looks -- just the way the

14 seating is, that's why I got it confused. Those -- it

15 wasn't like a normal cab where there is just one row.

16 There is two rows. When you get in, one is facing this

17 way and you're facing this way.

18 Does that make sense?

19 Q So you're facing each other in the back?

20 A Yes. The two seats are facing each other.

21 Q So the people seating in the seats are facing

22 each other; is that correct?

23 A Yes. So if you have -- these are the seats,

24 that's me. Sorry about that.

25 This is for me, right?

0107

1 Q Here -- you can have this one.

2 Okay. So this is the cab?

3 A Yeah.

4 Q Okay. Can you write cab at the top so we

5 know, so we don't get confused here.

6 And then where was the driver? Just put a 'D'

7 for driver.

8 A Somewhere he is up here, the driver.

9 Q Okay. I see. Gotcha.

10 A Yeah. We were facing each other.

11 Q Now, was there one door to get in, was there

12 like, a sliding door?

13 A I don't remember.

14 Q Okay. Where were you sitting and where was

15 Jack sitting? This will clarify a lot of questions.

16 A I got in first. I -- I don't remember. I

17 just -- I was here. I don't know how I got in. I got

18 in first.

19 Q Okay. So can you put at little 'T' there so

20 we know -- actually, put – "Christi", because Tom is in the

21 car, too, I take it, right?

22 A Because Jack was here, I think.

23 Q Okay. Where was Tom sitting?

24 A I'm not a hundred percent sure. But I want to

25 say here. I'm not sure about -- I'm going to put a

0108

1 question mark.

2 Q Okay. Was that all the seats that you were

3 aware of in that particular taxi?

4 A Again, yeah, that's -- that's what I remember.

5 I don't know if there was more. I wasn't feeling well.

6 Q Was there any reason why you got in first?

7 A I was in front of Jack still.

8 Q Do you recall someone opening the door for

9 you?

10 A I don't remember.

11 Q And was that everybody in the cab for that

12 ride?

13 A Huh?

14 Q Was anyone else in the cab besides the driver?

15 A I don't know who was in the front.

16 MR. RISER: Two vendors, driver --

17 BY MR. PAPP:

18 Q But nobody else got in?

19 A Not that I saw.

20 Q Okay. Why did you sit next to Mr. Jack

21 Linden?

22 A I didn't. He followed me in.

23 Q Did you switch seats?

24 A I couldn't.

25 Q Why not?

0109

1 A Because they were sitting here.

2 Q They're facing you, right?

3 A Yeah.

4 Q Couldn't you have just switched to their seat

5 facing Jack Linden?

6 A I would have had them to get out to do that.

7 Q Did you do that?

8 A No. You couldn't, no.

9 Q What stopped you from taking a different

10 transport all together?

11 A Because Tom -- there were other witnesses

12 there and I didn't think he would do anything.

13 Q Is there anything that stopped you from going

14 somewhere else all together?

15 A I didn't have anywhere else to go.

16 Q Did you think about calling the police at this

17 point?

18 A I was just trying to get back to my room. I

19 didn't have a phone.

20 Q And so the reason why you didn't call the

21 police is because you didn't have a phone?

22 A I didn't have a phone to call anybody, whether

23 it was the police or anybody. I didn't have -- I

24 couldn't do anything.

25 Q Did you feel like you should have called the

0110

1 police at that point?

2 A At that point, I was --

3 MR. RISER: Does she feel like that now --

4 MR. PAPP: No. At the time.

5 MR. RISER: -- or does she --

6 THE WITNESS: I was in shock. I was still in

7 shock. He was still feeling me up once I got in the

8 cab. Like -- I didn't -- I wasn't thinking anything. I

9 was just thinking, oh, my God, what -- what is going on

10 here.

11 BY MR. PAPP:

12 Q If you would have had a phone, would you have

13 called for the police?

14 MR. RISER: Calls for speculation.

15 THE WITNESS: I don't know what I would have

16 done. I knew I didn't have it.

17 BY MR. PAPP:

18 Q Now, going back to that final paragraph there.

19 It says, as I tried to sit down, Jack grabbed my butt

20 again trying to get me to sit on his hand.

21 Do you see that language?

22 A What paragraph or what page?

23 Q That's the last paragraph on that same page,

24 second sentence -- actually, yeah, second sentence.

25 A Yeah. I see that.

0111

1 Q Describe what you mean by that?

2 A When I tried to sit down, he tried to put his

3 hand under my -- under my butt.

4 Q You say he tried. Did he actually do that?

5 A Yes, he did.

6 Q Did you actually sit on his hand?

7 A I jumped up.

8 Q And what --

9 A He kept doing it?

10 Q Was anyone else in the cab at this point?

11 A Yes, sir.

12 Q The other two vendors?

13 A Yes.

14 Q So you were still standing up as they were

15 entering, the other two vendors?

16 A We were in the cab already -- or I got in -- I

17 don't know if they were in already or what. But they --

18 he started to feel me up again.

19 Q Next sentence says, I told him to stop.

20 Do you see that?

21 A Yes.

22 Q Describe how you said that?

23 A Stop. Stop. I don't know what I said. Stop.

24 Q What was your tone of voice?

25 A Stop means stop.

0112

1 Q What was your tone of voice?

2 A Stop. I don't know what to tell you,

3 Mr. Papp. Stop means stop. It doesn't matter what form

4 you say it in.

5 Q Was it a loud voice?

6 A I'm sure it was.

7 Q Did the other people in the cab look at you?

8 A Yes.

9 Q Did the -- what did the driver of the cart do

10 or cab?

11 A You couldn't -- you couldn't -- I couldn't see

12 him.

13 Q Why not?

14 A I don't know. Wasn't paying attention, don't

15 know if you could see him from over there, I don't

16 recall. I wasn't paying attention to him.

17 Q Did the driver of the cab say anything to you?

18 A No. I don't think I ever saw him.

19 Q Did he ask you if you needed help?

20 MR. RISER: Asked and answered.

21 THE WITNESS: I don't even think I ever saw

22 him.

23 BY MR. PAPP:

24 Q Did any of the passengers ask you to help?

25 A They commented to him. I don't recall what it

0113

1 was.

2 Q To whom?

3 A To Jack.

4 Q Did you try to get out of the transport at

5 that point?

6 A By jumping out, no.

7 Q By any method whatsoever?

8 A No, I didn't jump out.

9 Q Why not?

10 A Because I would be hurt. I don't know if you

11 could do that.

12 Q Did you say, for example, let me out of this

13 cab, I'm getting -- I'm out of here; anything like that?

14 A No.

15 Q Was there anything stopping you from simply

16 getting out and taking a -- a different ride?

17 A Moving --

18 MR. RISER: Calls for speculation.

19 MR. PAPP: This is while they're still parked,

20 sitting there?

21 THE WITNESS: No.

22 MR. RISER: No. It's not while they're still

23 parked.

24 THE WITNESS: He is feeling me up in the cab.

25

0114

1 BY MR. PAPP:

2 Q "As I tried to sit down, Jack grabbed my butt

3 again, trying to get me to sit on his hand."

4 A Right. He got -- I got in --

5 Q Uh-huh.

6 A -- and he got in. And he put his hand under

7 me.

8 Q Okay.

9 A And he is starting. The other guys are in and

10 we're about to take off.

11 Q The car is still parked there, correct?

12 A He is getting in within seconds. It's already

13 taken off. You didn't have time to react.

14 Q Well, you could have told the driver to stop

15 the car, right?

16 A I guess I could of, Mr. Papp. I could have

17 done a lot of things that I wish I would have done.

18 Q But you didn't do that, did you?

19 A No, I didn't.

20 MR. RISER: Counsel, can we take a lunch break

21 soon.

22 (Discussion held between parties.)

23 MR. PAPP: Let's take a break.

24 THE VIDEOGRAPHER: Off the record at 12:25

25 p.m.

0115

1 (Lunch recess taken.)

2 THE VIDEOGRAPHER: Back on the record at

3 12:51 p.m.

4 BY MR. PAPP:

5 Q Welcome back, Miss Smith.

6 A Hi.

7 Q May I remind you, you are still under oath,

8 correct?

9 A Yes.

10 MR. PAPP: Okay. I would like to attach her

11 drawing of the -- of the cab, right?

12 THE WITNESS: Yeah.

13 MR. PAPP: As next in order No. 7.

14 (Whereupon Exhibit No. 7 was marked by the

15 certified court reporter.)

16 THE WITNESS: Do you want me to explain the

17 cab at all, like how the seats were or anything?

18 BY MR. PAPP:

19 Q I thought we had gone over it, but if you have

20 more.

21 A No. Just, like, the seating stuff, I'm just

22 not -- like there was two seatings -- I just don't know

23 how to -- because it was dark in the cab, so I don't

24 know how the seatings were, if they were able to turn or

25 something like that with their seats.

0116

1 Q Okay.

2 A It wasn't the usual cab, that's what I was

3 trying to explain to you.

4 Q Was the -- the seats behind the driver a bench

5 seat, if you know?

6 A They weren't normal seats. I don't know how

7 to explain it. I have never been in a cab like that

8 before. I don't know if they could turn or something

9 like that with their seats.

10 Q Were they individual seats?

11 A I don't know. It was dark in the cab.

12 Q When the cab door opened and everyone was

13 getting in, did the light come on, the dome light, the

14 cab light?

15 A I don't remember. But that's the best that I

16 can do.

17 MR. PAPP: Okay. We'll attach that as No. 7.

18 THE WITNESS: Okay.

19 BY MR. PAPP:

20 Q Okay. Back to your statement. We're still on

21 Page 2, I believe of your statement. That's the last

22 paragraph. And the language is, "I did not want a bad

23 reputation in this industry."

24 Do you see that?

25 A Yes.

0117

1 Q Okay. What did you mean by that?

2 A That I was, like, a whore or something like

3 that.

4 Q Do you -- did you know what your reputation in

5 the industry was at that point?

6 MR. RISER: Calls for speculation.

7 MR. PAPP: If she knows.

8 THE WITNESS: I think I had a very good

9 reputation.

10 BY MR. PAPP:

11 Q Do you know what your reputation was? Was it

12 good in the sense of, good hard worker, good

13 salesperson; things of that nature?

14 A Yes, sir.

15 Q And you never heard anything of the contrary,

16 correct?

17 A No, not that I recall.

18 Q Now, further down on that same paragraph, it

19 reads, "they pretended as if they were not paying

20 attention, but I knew they were."

21 Do you see that language?

22 A Yeah.

23 Q How did you know they were?

24 A Because -- I guess I assumed because

25 how couldn't you when we were in the same cab so close

0118

1 together.

2 Q The last sentence on that paragraph reads, "I

3 assume they just did not want to get involved."

4 A Yeah.

5 Q Did you see that language?

6 A Yes.

7 Q Involved in what exactly?

8 A By maybe trying to force Jack to stop or

9 something.

10 Q And why did you assume that, that they didn't

11 want to get involved?

12 A Because they didn't force Jack to stop.

13 Q Next page of your statement it says, "after

14 yelling at Jack to stop many times, he finally stopped."

15 Do you see that language?

16 A Yes.

17 Q Do you recall how many times you yelled at him

18 to stop?

19 A I didn't count, no.

20 Q More than once, though?

21 A Many, yes.

22 Q Was it more than ten times?

23 A I don't recall, Mr. Papp.

24 Q Do you know if it was more than five?

25 A It was many times.

0119

1 Q And was that the only thing you yelled at him,

2 "stop?"

3 A I don't recall. I was -- just stop. What are

4 you doing? I don't know. I was -- I don't recall my

5 exact words. Stop was -- was the message to get the

6 message through.

7 Q Now, previous to the point where Jack

8 Linden did, in fact, stop, did anyone up to that point

9 ask you if you needed help?

10 A I think they may -- Tom made a comment to

11 him -- I don't recall if it was telling him just to stop

12 or -- something was said to that effect. I don't

13 remember the exact words.

14 Q But my question was, did anyone ask you if you

15 needed help, not telling Jack to stop?

16 A I don't recall.

17 Q Did you ask anyone in the cart for help or

18 cab?

19 A Besides saying stop?

20 Q Correct.

21 A I don't recall.

22 Q Did you slap Mr. Linden during this period?

23 A Let me read -- in this paragraph? Just --

24 Q During this period of time.

25 MR. RISER: Are you talking about after they

0120

1 got in the cab until when?

2 MR. PAPP: Correct. They get in the cab, he

3 is grabbing her --

4 THE WITNESS: Before -- before he tries to get

5 to my hair.

6 BY MR. PAPP:

7 Q Well, I'm just going from what your statement

8 says. You're in the cab; he tries to get you to sit on

9 his hand; you tell him to stop; he does more things; you

10 tell him to stop many times; he finally does stop. But

11 at the time you get in, to the time he actually does stop,

12 is the period I'm talking about.

13 A I'm confused. But I hit him when -- when he

14 started -- after my hair -- he tried to get to my hair.

15 Trying to --

16 Q Okay. We're not there, though, right?

17 A Okay. So it's just this one paragraph.

18 That's why I asked.

19 Q Correct. That period of time.

20 A I hadn't hit him yet, no. I was just yelling

21 at him.

22 Q Did you push him away?

23 A Yes.

24 Q How did you do that, one hand, two hands?

25 A Stop. Pushing him, stop.

0121

1 Q And what was -- what was he grabbing at this

2 period of time?

3 A All over me. My waist, my behind, my -- just

4 all over.

5 Q All over. Did he grab at your breast?

6 A I don't remember. I don't recall. He just

7 grabbed me all over. I don't remember exactly where his

8 hands were. They were all over me.

9 Q Did he grab at your face or your throat?

10 A No. I don't think he grabbed at my face.

11 Just all over my body.

12 Q Did he grab your crotch?

13 A Yes.

14 Q I'm sorry?

15 A Yes.

16 Q And up until the point where Jack Linden

17 finally stopped, did you ever make any attempt to ask

18 the driver to stop the car?

19 A No.

20 Q Did you make any demands to get out of the

21 car?

22 A No.

23 Q Did you make any demands that Jack Linden

24 get out of the car?

25 A No.

0122

1 Q Did you make any demands that you switch

2 places with someone else?

3 A No.

4 Q How long was that cab ride?

5 A I don't recall. It felt forever.

6 Q And where did the cab take you? I'm going to

7 call it cart because that's what your statement says.

8 A It's a cab, cart. I don't know what it was.

9 I think it was -- it was a mini-cab, mini-cart, minivan;

10 something like that.

11 Q And where did it take you?

12 A To our hotel.

13 Q During the ride in the cab, did the cab itself

14 ever go out onto the public streets?

15 A Yes.

16 Q During the time that you were there with Jack

17 Linden and the cab, did anyone say anything to you?

18 A Who?

19 Q Anybody.

20 A There were -- they started to talk to us,

21 eventually.

22 Q Do you recall what the conversations were

23 about?

24 A One of the conversations was about food,

25 eventually.

0123

1 Q Do you recall who initiated those

2 conversations?

3 A Well, about the food it was Jack.

4 Q Okay. Other than the food, did anyone talk to

5 you?

6 A I don't remember.

7 Q Did you talk to anybody else in the cart or

8 cab?

9 A All I remember is screaming stop. And I don't

10 know what else I said. Those are the main things that I

11 remember.

12 Q So at this point in the evening, what were

13 your thoughts about Mr. Jack Linden?

14 MR. RISER: Objection; vague as to thoughts.

15 In what regard?

16 BY MR. PAPP:

17 Q To his actions --

18 A I believe I already said ten times.

19 Q Okay. At this point in time, what did you

20 think his intentions were towards you?

21 MR. RISER: Calls for speculation.

22 MR. PAPP: No. What she thought his

23 intentions were.

24 THE WITNESS: I don't know. I was confused. I

25 don't know. I was still trying to figure it out.

0124

1 BY MR. PAPP:

2 Q Were you afraid for your safety?

3 A Yes.

4 Q And you were scared?

5 A Yes.

6 Q At this point, this is during the cab ride,

7 did you feel like you needed someone to protect you from

8 Mr. Jack Linden?

9 A Yes, sir.

10 Q And if that's the case, is there some reason

11 why you didn't call the police?

12 A When?

13 MR. RISER: Objection; asked and answered.

14 MR. PAPP: No. This is now later in the

15 evening. This is in the cab ride.

16 MR. RISER: Okay. She already testified she

17 didn't have a phone.

18 MR. PAPP: Correct. But when they get to the

19 hotel, there is a phone, correct?

20 MR. RISER: We're in the cab or now are we at

21 the hotel?

22 MR. PAPP: Well, they're at the hotel now.

23 THE WITNESS: Well, you already skipped over --

24 so you're skipping over the part --

25 MR. PAPP: Well, I'm just trying to follow your

0125

1 statement.

2 THE WITNESS: Yeah. This is really getting

3 confusing. I'm really starting to feel sick. I'm

4 trying the best that I can to focus.

5 MR. PAPP: I'm just going off your statement, so

6 I don't know.

7 THE WITNESS: So can you go here so we don't have

8 to go back.

9 MR. RISER: The statement goes through a lot

10 of other stuff that happened in the cab.

11 THE WITNESS: Yeah. If you want to skip over

12 that, that's fine. Where are we right now with the

13 timeline.

14 BY MR. PAPP:

15 Q No. No. You said that -- in your statement,

16 this language that we're going through involves, not a

17 cart, but a cab.

18 A Okay.

19 Q And so when you get to the point where now

20 it's the cab, actually arrives at the hotel, and which

21 is different than what your statement says, but I'm just

22 going with -- with that.

23 So now you're at the hotel, correct?

24 A At what hotel?

25 Q Your -- your final destination.

0126

1 A So we're skipping through all this.

2 Q We're going to go back to it, but I have no

3 other choice because that's the way it's written.

4 MR. RISER: The hotel -- starts with once we

5 arrived back at our hotel. The guys said good-byes to us.

6 Is that what --

7 THE WITNESS: Okay. One more thing.

8 MR. RISER: Is that what we're skipping to?

9 MR. PAPP: We're not skipping anything. I'm just

10 trying to go through the statement as it's written.

11 THE WITNESS: As I stated, it was a -- it was,

12 like, a cab-type of a special kind of ride.

13 BY MR. PAPP:

14 Q Okay. So when the cab ride is over, how is

15 that?

16 A Okay. So --

17 Q Wherever it is.

18 A Right here. Okay. Once we arrived back at

19 the hotel.

20 MR. RISER: That's when the cab ride is over.

21 THE WITNESS: Right.

22 BY MR. PAPP:

23 Q Let's -- let's do it like this.

24 "After yelling at Jack to stop many times he

25 finally stopped."

0127

1 Do you see that language?

2 MR. RISER: First sentence.

3 MR. PAPP: First sentence.

4 THE WITNESS: Okay.

5 BY MR. PAPP:

6 Q Okay. At that point you don't know what his

7 intentions are with you, correct?

8 A Right.

9 Q Okay. You're afraid for your safety?

10 A Yeah.

11 Q You're scared, correct?

12 A Okay. Yes.

13 Q Now, what we've been talking about was the cab

14 ride --

15 A Yes.

16 Q -- correct?

17 A Yes.

18 Q Okay. The cab took you to the hotel?

19 A Yes.

20 Q Okay. That's -- that's where I'm trying to

21 get to. It's different than your statement --

22 A Yeah.

23 Q -- but that's where we are.

24 A I know. I didn't know how to explain the

25 cart/cab thing.

0128

1 Q Now, when you arrive at the hotel, any reason

2 why you didn't call the police?

3 A He was still with me.

4 Q Had you ever called the police on a man

5 before?

6 A No.

7 Q Have you ever called the police because you

8 believed you had been stalked?

9 A No.

10 Q Have you ever been stalked before?

11 A No.

12 Q Okay. Further down that same paragraph it

13 says, we finally got out of the cart to catch a cab.

14 You see that language?

15 A Where?

16 Q Same paragraph, about midway down. It says,

17 "we finally got out of the cart to catch a cab."

18 Do you see that -- that language?

19 A No.

20 Q Take a moment and read it.

21 A First paragraph?

22 MR. RISER: Here.

23 THE WITNESS: I think I got the -- I was

24 redundant in this. I was redundant, so it's just going

25 back to the other part.

0129

1 Unfortunately, I didn't have anybody to help

2 me with this so I -- when I was doing it, I was

3 emotional, so I must have repeated stuff over and over.

4 BY MR. PAPP:

5 Q Well, is that -- is it backwards, is that the

6 problem or --

7 A I don't know.

8 Q -- is it in the right order --

9 A I don't know.

10 Q -- and now we are at the right place and time?

11 A Well, it's just -- just the same thing.

12 MR. RISER: I think it's out of order.

13 THE WITNESS: Yeah. Saying the same thing.

14 BY MR. PAPP:

15 Q Well, it says, we finally got out of the cart

16 to catch a cab. Should it read we finally got out of

17 the cab to catch a cart.

18 Is that what it should read?

19 MR. RISER: Yes.

20 THE WITNESS: No.

21 MR. RISER: But I think that's probably much

22 further down --

23 THE WITNESS: That's later. Yeah. That's later.

24 MR. RISER: Okay.

25 THE WITNESS: Because we -- we had already went

0130

1 to Green Burrito. We -- we got the cart – Jack and I went into

2 the cart, like, once we got to Lake Las Vegas.

3 BY MR. PAPP:

4 Q Okay. And we'll -- we'll go through that --

5 A Okay.

6 Q -- we're just going to have to address it as

7 it comes.

8 A Okay.

9 Q So describe the process of getting out of the

10 cart to catch the cab. So, for example --

11 A That was much later. So let's skip that part

12 and we can stick to --

13 Q Let's just go to that point of time and we

14 will just talk about it.

15 MR. RISER: Actually getting out of the cab,

16 getting into the cart.

17 THE WITNESS: Right.

18 MR. RISER: That's what she just said --

19 MR. PAPP: Yeah.

20 THE WITNESS: It's backwards.

21 MR. RISER: -- she testified.

22 BY MR. PAPP:

23 Q Okay. Correct. Let's talk about that.

24 So describe that for me.

25 A When we got out of the -- so we're going back

0131

1 to the hotel then down here.

2 Q Okay. So now you're at the hotel --

3 A Right.

4 Q -- and you're getting out to catch a cart?

5 A No. We -- the cart -- the cart is -- is like

6 just one of those --

7 Q All right.

8 A -- little things that takes you to your room.

9 It's within the Lake Las Vegas resort Hotel.

10 Q Like a golf cart?

11 A Like, something like that, yeah.

12 Q Okay.

13 A That's all it was. It was like a short ride

14 that takes you right from the front of the hotel to

15 your --

16 Q Okay. That's how -- that's how I envisioned

17 it anyway.

18 Okay. That's fine. So the cab pulls up to

19 the hotel, correct?

20 A Yes.

21 Q Okay. Where does it pull up?

22 A I don't recall exactly where. I think it was

23 in the front but I'm not sure.

24 Q Were there hotel employees present?

25 A I don't remember.

0132

1 Q Did someone open the door, for example?

2 A I don't even remember how we got out. I was

3 just so emotionally distraught, I don't remember.

4 Q Do you recall who was present at that

5 location?

6 A Where?

7 Q Where the cab pulled up to the hotel. Were

8 there employees, for example?

9 MR. RISER: Asked and answered.

10 THE WITNESS: I don't recall. Like I said, I --

11 I didn't know it was --

12 BY MR. PAPP:

13 Q Did you see any other hotel guests?

14 A My mind frame wasn't there. I don't know what

15 was there. I wasn't thinking clearly.

16 Q Do you recall if the area was well lit?

17 A I don't recall.

18 Q Who got out of the cab first?

19 A I don't know.

20 Q Do you know if you were the last one in the

21 cab?

22 A I don't recall.

23 Q Okay. Let's -- let's talk about the cart.

24 Where was the -- the cart relative to where

25 you arrived at the hotel?

0133

1 A It took us from where the cab dropped us off

2 to -- to our area. I don't know if you know the

3 Resort. They're like little villages. It just drops

4 you off right there.

5 Q So the cab and the cart are in the same

6 general vicinity?

7 A Yes. They picked us up right there.

8 Q Did you have to walk over to the cart?

9 A I don't remember.

10 Q Now, during this period, between the cab ride

11 and the cart ride, did Mr. Jack Linden touch you at

12 all?

13 A Where?

14 Q Between the cab ride and the cart ride?

15 A He was touching me through the whole time.

16 Q And describe the touching?

17 A Same thing.

18 Q And that is your butt --

19 A Yes.

20 Q -- primarily? Did he touch you anywhere else?

21 A All over me. Just all over right here.

22 Q Your waist?

23 A My waist, yeah.

24 Q Did he touch your breast at all?

25 A I don't remember. I just mainly remember

0134

1 where I felt really uncomfortable.

2 Q Did he also brush up against you while he did

3 this?

4 A He was -- I don't know. He was just feeling

5 up on me. I don't know how to describe it.

6 Q Did he say anything to you?

7 A He was laughing while he did it.

8 Q Was he behind you?

9 MR. RISER: Are you talking about the time

10 when they left the cab and got to the cart?

11 MR. PAPP: Correct.

12 THE WITNESS: Okay.

13 MS. CHAMBERS: In the cart or going to the cart?

14 MR. PAPP: Going to the cart or wherever --

15 wherever that was.

16 THE WITNESS: I was trying to get in front of

17 him most of the time.

18 BY MR. PAPP:

19 Q So he was behind you?

20 A Yes.

21 Q Okay. Was the cart driven by somebody?

22 A Yes.

23 Q Like a hotel employee?

24 A Yes, sir.

25 Q Okay. And we'll get to that in a second.

0135

1 Let's go down to the next paragraph, which is,

2 I believe two sentences. Now this language actually

3 puts us in the cab ride.

4 A I think it's --

5 Q Is that correct?

6 A Yeah. It's from the other pages, so I must

7 have copied and put it in the same -- it's the same

8 thing as I wrote on the other page. For some reason, it

9 ended up over here, too. I didn't proof this like I

10 should of. I was emotionally -- when I --

11 Q So it's really the -- it's the same --

12 A Yeah.

13 Q -- category we discussed?

14 A Right. Copy and paste.

15 Q Okay. So we're back in the cab now. And I

16 take it, the next paragraph down, where the language

17 says, "I hit him with my elbow." Do you see that?

18 A Yeah. Yes.

19 Q Yeah. Hang on one second.

20 Okay. So the language is, "I hit him with my

21 elbow in the chest with one final demand to stop."

22 Do you see that language?

23 A Yes.

24 Q When exactly during the cab ride did this

25 happen?

0136

1 A When he was trying to --

2 -- do I have to say it?

3 He was -- he had a hair fetish. So he was

4 trying to touch my hair in front of them and --

5 Q Okay. Well, my question was. When during the

6 ride did this happen? Was it right at the beginning,

7 towards the middle, toward the end?

8 A Before we went to Green Burrito.

9 Q Okay. And you gave him an elbow to the chest?

10 A Yes.

11 Q It says, "with one final demand to stop." Did

12 you say something verbally as well or is that --

13 A I hit him and said, "stop."

14 Q Why do you think he had a hair fetish?

15 MR. RISER: Objection; calls for speculation.

16 Only if you know what --

17 MR. PAPP: Well, she said he had a hair fetish.

18 THE WITNESS: Because both he and Kimberly told me.

19 BY MR. PAPP:

20 Q How did that come up?

21 A Jack was open about his personal life and

22 asking people about details and stuff like that. Like I

23 said, that's all he ever talked about.

24 Q Was this before the convention in Vegas?

25 A Yes. And I think even during his deposition

0137

1 he admitted it.

2 Q Okay. Well, I'm talking about when you found

3 out about it?

4 A No. It was -- he is open about it.

5 Q About a hair fetish?

6 A Yes.

7 Q You say Kimberly mentioned it?

8 A Yes.

9 Q And when did that happen?

10 A Jack one time was talking about Kimberly's -- he

11 loved her hair and stroking it.

12 Q And where did this conversation take place?

13 This was Jack telling you?

14 A Yes.

15 Q And when did this take place?

16 A In the office.

17 Q Do you recall when?

18 A No.

19 Q What was the context of this conversation?

20 A I don't recall. Just another thing he talked

21 about. He had -- he loved hair, pretty hair.

22 Q And this was in his office or just in the

23 MxMedDevice offices?

24 A In MxMedDevice offices. I don't know.

25 Q But you said Kimberly mentioned it as well?

0138

1 When did she tell you this?

2 A She was present.

3 Q Oh.

4 A And he was talking about Kimberly's hair.

5 Q Was there more than one instance of this

6 conversation?

7 A It's been talked about. He was open about it.

8 I think a lot of people knew about it.

9 Q All right. Back to your statement. Third

10 paragraph regarding hitting him with the elbow.

11 Do you see that?

12 A Yes.

13 Q Did anyone in the cab react to your elbowing

14 Mr. Jack Linden?

15 A Not that I saw.

16 Q And, I guess it's safe to say that at this

17 moment, or up to this moment, just to make sure we're

18 clear, no one asked you if you needed any help, correct?

19 MR. RISER: Asked and answered.

20 THE WITNESS: Yes.

21 MR. PAPP: Well, this is actually a different

22 period of time now. I am just trying to break it up at

23 each point.

24 THE WITNESS: Through out they made comments. I

25 just don't recall what they were.

0139

1 BY MR. PAPP:

2 Q Okay. But did they ask you if you needed

3 help?

4 A I don't know.

5 Q Like, Ma'am, do you need help?

6 A I don't know. I was emotionally distraught.

7 You would have to ask them.

8 Q But you don't recall that?

9 A I don't remember.

10 Q And at this point, had the cab driver said

11 anything or done anything?

12 A No, sir.

13 MR. RISER: Asked and answered.

14 MR. PAPP: This is a different period of time.

15 MR. RISER: No, it's not. I think we have

16 gone over this a couple of times. Now we're back at the

17 -- in the cab. She described getting a cab to go from

18 the club to the Resort, and then to go from there in a

19 cart to the room.

20 We're back in the cab now because her

21 statement is out of order.

22 MR. PAPP: Okay.

23 MR. RISER: It's all been testified to.

24 MR. PAPP: And what I'm -- what I'm examining is,

25 she gives Jack Linden an elbow to the chest.

0140

1 MR. RISER: Right.

2 BY MR. PAPP:

3 Q That's a pretty significant event.

4 At that point, did anyone say, do you need

5 help?

6 A I don't recall. I was -- I don't think I

7 would have heard it.

8 Q Okay. Now, these events between you and

9 Jack Linden at this point, at the time you gave him

10 the elbow, had been going on for how long?

11 A It felt forever. I don't know.

12 Q So by the time you give him the elbow in the

13 cab ride, you slapped Jack Linden at least once,

14 correct?

15 A I slapped -- when? I hit him --

16 MR. RISER: At the club.

17 MR. PAPP: At the club.

18 THE WITNESS: Oh, yeah.

19 BY MR. PAPP:

20 Q You walked away from him at least once,

21 correct?

22 A Yes.

23 Q You have yelled at him --

24 A Yes.

25 Q -- correct? And you told him to stop many

0141

1 times, correct?

2 A Yes.

3 Q And now you've elbowed him, correct?

4 A Yes.

5 Q Yes?

6 A Yes.

7 Q Now, the next sentence reads, "I then quickly

8 looked over to the vendors in front of us and started a

9 conversation with them." Do you see that language?

10 A Yes.

11 Q Now, was that a -- an additional method of

12 self-defense, if you will?

13 A I was trying to make him realize there were

14 other people in the cab with us, or in the ride with us

15 in the vehicle.

16 Q Is that the first time you had spoken to the

17 vendors in the cab?

18 A I don't remember.

19 Q Did you say anything to them about Jack

20 Linden's behavior towards you?

21 A No.

22 Q Next sentence -- actually, it's the last

23 sentence in that same paragraph.

24 "He," that's Jack Linden, "started to brag

25 about how he is the owner of our company."

0142

1 Do you see that language?

2 A Yes.

3 Q What exactly did Mr. Linden say?

4 A Hum, the -- I don't know if he said owner or

5 president or I own -- something to that effect, but it's

6 his company.

7 Q There is language in here -- yes, it's the two

8 sentence paragraph. Says, "Jack then decided he wanted

9 to stop and get more drinks?"

10 A Yes.

11 Q Do you see that?

12 Did that stop actually take place?

13 A No.

14 Q But you did stop for food, correct?

15 A Yes. They wanted to.

16 Q Was that a drive-thru or walk in?

17 A Drive-thru.

18 Q What did you order?

19 A I don't -- I think chili fries or something.

20 Q I think you answered this already, but had you

21 eaten anything yet that evening?

22 A No.

23 Q This is going to be the first food that you

24 had?

25 A Yes.

0143

1 Q You see that first sentence there, as they

2 continued to type – "as they continue to talk."

3 A Yes.

4 Q Who is they?

5 A Jack, Tom and the other guy.

6 Q With respect to the food that you ordered, who

7 paid for that?

8 A Jack.

9 Q Now, when you were at the fast food

10 restaurant, did you use that opportunity to get away

11 from Mr. Jack Linden?

12 A We didn't get out of the car.

13 Q Could you have?

14 A If I --

15 MR. RISER: Objection.

16 THE WITNESS: Anything is possible.

17 BY MR. PAPP:

18 Q Is there any reason why you couldn't get out

19 of the car?

20 A I don't recall.

21 Q And you don't recall how long the cab ride

22 was, correct?

23 A No.

24 Q Now, during the cab ride, this is the entirety

25 of the cab ride, you didn't say anything to anyone about

0144

1 Jack Linden's behavior towards you, correct?

2 A I don't recall, no.

3 Q Okay. I want you to look at the paragraph

4 that begins, "once we arrived back at our hotel, the guys

5 said good-bye to us." Do you see that language?

6 A Yes.

7 Q And "us" is you and Jack Linden?

8 A Yes.

9 Q Do you have any understanding as to why the

10 other vendors would leave you alone with Jack Linden?

11 MR. RISER: Objection; calls for speculation.

12 THE WITNESS: You would have to ask them.

13 BY MR. PAPP:

14 Q They didn't say anything to you, like, "hey,

15 you need some help," anything like that?

16 A I don't recall.

17 Q They didn't say anything, like, "hey, can we

18 walk you back to your room?"

19 A I don't recall, Mr. Papp.

20 Q They didn't ask you, for example, "do you want

21 us to call somebody for you?"

22 A I don't recall.

23 Q Do you recall if you asked them for any

24 assistance?

25 A I don't think so.

0145

1 Q The next sentence is, Jack and I proceeded to

2 walk toward our prospective rooms. Do you see that?

3 A Yes.

4 Q Describe what you mean?

5 A We walked to our rooms.

6 Q Okay. Now at this point, there had actually

7 been a -- a cart ride, correct?

8 A Yes.

9 Q So the cart dropped you off somewhere?

10 A To -- to the bungalow. Then we walked to our

11 rooms.

12 Q Now, the area where the cab dropped you off

13 and where the carts were located, do you have that in

14 mind?

15 A I'm trying. Go ahead.

16 Q Okay. Is there some reason why you couldn't

17 simply have just walked into the main lobby of the

18 hotel?

19 A Didn't even register in my head.

20 Q And was the front desk in that area of the

21 hotel?

22 A Where the cab drops us off?

23 Q Yeah. Where -- where the cab dropped you off

24 and where the cart was located?

25 A I don't recall. It didn't even register to

0146

1 me.

2 Q Do you -- was there any security there, hotel

3 security?

4 A I was in a fog, Mr. Papp. I don't remember.

5 I was totally in a fog.

6 Q Okay. Do you recall if the valet was present?

7 A You -- I don't recall if the president was

8 there. I don't recall -- I was totally out of it. I

9 was emotionally, totally -- mentally wasn't even there.

10 Q And is that the reason why you didn't at that

11 point try to get away from Mr. Jack Linden?

12 A Yes.

13 Q Now, at the time you're in the cart heading

14 back to the hotel rooms, do you recall that?

15 A Yes.

16 Q Okay. What did you think Mr. Linden's --

17 Jack Linden's intentions were towards you at that

18 point?

19 A I was just thinking to get to my room to

20 get -- to get to the girls.

21 Q During this cart ride to the hotel room, were

22 you afraid of Mr. Jack Linden?

23 A Yes.

24 Q And were you in fear for your safety?

25 A Yes.

0147

1 Q What exactly did you think was going to happen

2 next?

3 A I don't know. I was frozen.

4 Q So the cart drops you off at where the

5 bungalows are?

6 A Yes.

7 Q Now, at that point you could have walked away

8 from Mr. Jack Linden, correct?

9 A I could have done a lot of things. I was

10 frozen, Mr. Papp.

11 Q Well, you had walked away from him before?

12 A In the beginning before assaulted me?

13 Q Uh-huh.

14 A Yes.

15 Q Okay. And you could have slapped Mr. Jack

16 Linden, correct?

17 A I assume. If I could -- if I could function

18 better, yes.

19 Q You have done it before, correct?

20 A If I can function better, I would -- I would

21 have done a lot of things. I wasn't functioning.

22 Q Okay. And you could have elbowed, Mr. Linden,

23 correct?

24 A I wasn't functioning, Mr. Papp.

25 Q You have done it before?

0148

1 A I was frozen.

2 Q Okay. You could have yelled at Mr. Linden,

3 correct?

4 MR. RISER: Counsel, these are asked and

5 answered and improper hypotheticals --

6 MR. PAPP: No. We're at -- we're at -- the

7 cart has dropped them off and this is at the hotel.

8 These are things that she could have done, she has done

9 before.

10 THE WITNESS: There is a lot of things I could

11 have done. I couldn't do any of them, Mr. Papp. I was

12 frozen. So that's the answer to all of those questions. I

13 was frozen.

14 BY MR. PAPP:

15 Q That was my next question. You didn't do any

16 of those things, did you?

17 A No, Mr. Papp, I didn't.

18 Q Now, instead, you go back to your hotel room

19 with him, don't you?

20 A I go to my room and he is following me, yes.

21 Q Let's look at your statement.

22 "Jack and I proceeded to walk toward our

23 prospective rooms."

24 A Correct.

25 Q Further down you say, "Jack claimed that he

0149

1 forgot his key." Do you see that language?

2 A Yes.

3 Q And he insists on going to your room, correct?

4 A Yes.

5 Q Now, at that point what do you think is going

6 on?

7 A He is telling -- well, because I assumed -- he

8 was trying to say that everybody was not in my room. I

9 didn't care. I mean, I was thinking that -- well, if

10 everybody is there, he can't do anything.

11 Q Okay. What did you think his intentions were

12 towards you as you're heading towards the hotel room?

13 MR. RISER: Asked and answered.

14 THE WITNESS: I don't know, Mr. Papp.

15 MR. PAPP: No. This is -- now we're -- we're

16 walking to the hotel room now.

17 THE WITNESS: I'm not thinking clearly -- I'm not

18 thinking clearly as of this point.

19 BY MR. PAPP:

20 Q Did you -- did you think Jack Linden was

21 going to try to have sex with you?

22 A I thought he was going to try to rape me or

23 something.

24 Q So now you think he is going to try to rape

25 you?

0150

1 A Yeah.

2 Q So with that in mind, you, in fact, go to your

3 hotel room and you open the door, don't you?

4 A I go to my room while he is behind me. I'm

5 trying to get in to go get help from everybody else in

6 there.

7 Q And you opened your door, don't you?

8 A Yes.

9 Q Well, why didn't you just walk away and tell

10 Jack Linden to forget it?

11 A Forget what?

12 Q Going to the hotel room.

13 A He said he didn't have a key. He was -- he

14 was going to come regardless of what I said.

15 Q He can go to the hotel room himself and knock

16 on the door. You don't need to go there with him,

17 correct?

18 MR. RISER: That's argumentative. She's

19 testified she is trying to go back to her hotel room

20 where other people are. That's what she testified to.

21 BY MR. PAPP:

22 Q Okay. Why didn't you just tell Mr. Jack

23 Linden you had forgotten your key, too?

24 A Mr. Papp, I wasn't thinking clearly. My -- I

25 was in a fog. I was just thinking what the hell am I

0151

1 going to do. I was totally, emotionally, distraught. I

2 don't know. I don't know. I wish I would have done a

3 lot of things and I didn't do it.

4 Q Did Mr. Jack Linden force you into the

5 room?

6 MR. RISER: Which room? The room where the

7 other girls were?

8 MR. PAPP: Yeah.

9 THE WITNESS: It's his room. He paid for it.

10 Technically, it's his room.

11 BY MR. PAPP:

12 Q How did you know anyone was in your room?

13 A Because that's where Jack said everybody was.

14 They're probably back in the room. That's what he said.

15 Q And you believed him?

16 A Well, they weren't with us, so I assumed they

17 came back.

18 Q Did Mr. Jack Linden force you to get your

19 key out?

20 A No, Mr. Papp.

21 Q Okay. Did he force you to open the door?

22 A He -- it's his room, Mr. Papp. He is paying

23 for it.

24 Q My question is, did he force you to open the

25 door?

0152

1 A No. He didn't put a gun to my head, no.

2 Q So there you are -- well, you're at the hotel

3 room door, the door is opening, what -- what exactly did

4 you think was going on?

5 MR. RISER: That's asked and answered.

6 MR. PAPP: No. We're at the hotel room door now.

7 MR. RISER: She has been thinking the whole

8 time. She already asked and answered that she thought

9 that she thought he was going to rape her.

10 BY MR. PAPP:

11 Q And that's your answer?

12 A Yes.

13 Q So you are at the hotel room door, you pull

14 your key out and you open the door and you think he is

15 going to rape you. Is that your testimony?

16 MR. RISER: I think she also testified that

17 she was trying to get back to where people were in the

18 room.

19 BY MR. PAPP:

20 Q That's not my question. My question is,

21 you're at your hotel room door, you pull your key out,

22 you open the door, and you think, in your mind, he is

23 going to rape you. That's your testimony?

24 THE WITNESS: I think he is going to attack me.

25 He is going to do something. Rape, attack -- I don't know

0153

1 what. I wanted help. I wanted somebody that I knew I felt

2 comfortable with. I wanted everybody else there.

3 BY MR. PAPP:

4 Q I understand. Now, the next paragraph down

5 begins, "I was a little hesitant, but I slowly opened the

6 door." Do you see that language?

7 A Yes.

8 Q Why was that?

9 A Because I wanted to show him there was --

10 there was no one there. There was no reason to have to

11 go into -- into our room.

12 Q Well, if he was going to attack you, isn't --

13 isn't that really the whole purpose --

14 A I was trying to please him to show him. He is

15 still my boss. It's his room. He paid for it.

16 Q But you weren't actually sure that nobody was

17 in the room, correct? That everybody was in the room.

18 A If somebody was there, I would have been

19 excited. And thankfully Stephanie was there to save me.

20 Q Weren't you really hoping that nobody was

21 inside?

22 MR. RISER: Objection; argumentative.

23 MR. PAPP: She can answer.

24 MR. RISER: No.

25 MR. PAPP: She can. You can answer the

0154

1 question.

2 MR. RISER: It's a yes or no question. Were

3 you hoping nobody was in the room so that he can go in

4 and rape you? That's the question.

5 THE WITNESS: You're sick. You're a sick

6 human being to say that. No.

7 MR. PAPP: That's not what I said. Your counsel

8 said that.

9 MR. RISER: That was the question.

10 MR. PAPP: Your counsel said that.

11 MR. PAPP: My question was, weren't you really

12 hoping nobody was inside?

13 THE WITNESS: Why? Would I hope that, Mr. Papp?

14 MR. PAPP: I don't know.

15 THE WITNESS: No. I wouldn't hope that, no.

16 MR. RISER: That's your answer.

17 BY MR. PAPP:

18 Q Then that's your answer.

19 Now, you go on to say that Jack quickly pushed

20 the door open and walked in. Do you see that?

21 A Yes.

22 Q Okay. And describe that. What do you mean?

23 A Which part, Mr. Papp. We're going to go

24 sentence by sentence, go ahead, since we've been doing

25 that through the whole thing. Which part?

0155

***

Eric Papp is a licensed attorney in both California and Nevada and a licensed Real Estate Broker. Mr. Papp is the principal of the Law Offices of Eric Michael Papp located at 495 East Rincon, Suite 125, Corona, CA 92879. Mr. Papp can be reached at (951) 279-6700

Copyrights. 2010. LAW OFFICES OF ERIC MICHAEL PAPP. All Rights Reserved.