John Travolta’s Sexual Battery Case: Truth or Pulp Fiction
Posted: May 10, 2012 Filed under: General | Tags: attorney Marty Singer, attorney Okorie Okorocha, john travolta, John Travolta lawsuit, John Travolta massage, john travolta masseuse, john travolta sexual battery, Marty Singer, Okorie Okorocha, Okorocha defamation, Okorocha sues Allred Leave a comment »(Update 5/22/2012: Allred hired. Okorocha just filed a lawsuit against Allred for “stealing” his clients (intentional interference with contractual relations, etc.). Allred’s response, she’ll sue him for defamation, as reported on cnn.com.)
(Update 5/17/2012: John Doe #2, the Atlanta masseuse, fired attorney Okorocha and dismissed his lawsuit against Travolta. Hmmm. Will he hire Allred?
(Update 5/17/2012: John Doe #2, the Atlanta masseuse, fired attorney Okorocha and dismissed his lawsuit against Travolta. Will he hire Gloria Allred who now represents John Doe #1?)
(Update 5/15/2012: A third masseuse has come forward but his story apparently doesn’t match the story he gave his cruise line employer or their records.)
(Update 5/12/2012: According to plaintiff’s attorney Okorocha, the date of incident #1 in LA may be incorrect (Travolta claims he wasnt in LA on 1/16/2012) and John Doe #1 (LA masseuse) will be represented by a new lawyer. John Doe #2, the Atlanta masseuse, will remain represented by Okorocha who claims John Doe #2 immediately reported the incident to his boss, co-workers and generated several emails about the incident.)
Last Friday was not a good day for American actor John Travolta. A 4 million dollar civil lawsuit was filed in federal court by two male masseuses claiming allegations of sexual battery by Travolta. And, it’s not just a “he said, he said” case. It appears that we may have more than just words to prove truth or pulp fiction.
As to the first alleged incident on January 16, 2012, the defense claims Travolta didn’t do it, he wasn’t in Los Angeles at the time, a restaurant receipt from Mr. Chows in New York and photos prove it. Yet, a photo reportedly taken 30 hours earlier places Travolta and his wife in LA.
However, the restaurant receipt from Mr. Chows only proves that Travolta was in New York at 11:38pm, leaving plenty of time, one could argue, for a morning massage in LA and a less than 5 hour flight to New york, easily accomplished by an expert pilot like Travolta.
Also, note, the receipt is unsigned and states “table 17/1″ which means the customer sat at table 17 and the party consisted of one person. Yet, the unsigned receipt produced by the defense has four names written across it, “John, Aaron?, Linda, Chris”. Who wrote the names on the receipt? Travolta’s handwriting?
More importantly, the receipt also tells us something about Travolta, he gives big tips. A $100 tip on a $382 Mr Chow bill, and maybe, a $400 tip to a LA masseuse for a $400 massage in Los Angeles?
As to the second incident in Atlanta on January 25, 2012, so far, the defense reportedly concedes Travolta was in Atlanta at that time. But, the defense claims both incidents are “complete fabrication” and “baseless lies”.
Many questions, but here are a few to consider. What does the flight plan tell us about the time line? Do the hotel surveillance cameras, hotel registry or hotel staff place Travolta (or “Mr. White”) at the Beverly Hills Hotel on that date? Was there an “overweight black chef” and what does he have to say? Do the victim’s phone records show receiving a “blocked call” and at what time? Any witnesses who saw the masseuse with Travolta?
Or, maybe, this case simply comes down to a watch. Does Travolta wear a chronograph watch that chimes?
And, interestingly, it doesn’t appear that any criminal charges have been filed, no doubt, a fruitful area for cross-examination of the two masseuses.
Sexual battery cases are never easy to prove especially the “he said, she (he) said” type, which is why any corroboration of the alleged victims story and/or the defendant’s alibi is critical. Truth, sometimes, is just a matter of putting the pieces together. Or, maybe, it’s all just pulp fiction.
Simply my opinion, what say you?
Marine Wife Brittany Killgore Killed: Many Questions
Posted: April 19, 2012 Filed under: General | Tags: Brittany Killgore, Jessica Lopez, Louis Perez, Marine wife killed, San Diego marine wife killed Leave a comment »(Update 5/15/2012: Dorothy Maraglino, a 36-year-old pregnant female, has also been charged with murder in the killing of Killgore. Apparently, she and Lopez were “sex slaves” of Perez. Perez, Lopez and Maraglino shared a Fallbrook home. Killgore may have met the suspects when she and a friend visited the home to pick up an item ordered online. The Fallbrook home is allegedly where Killgore was killed, as reported on ABC10 news. Lopez’s alleged suicide note points to jealousy (losing her master to a new mistress) as a possible motive.)
(Update 4/26/2012: Perez arraigned and pleaded not guilty to first degree murder as alleged murder weapon (rifle) and blood found in his car. Killgore reportedly sent a “help” text message prior to her death. Lopez’ suicide note remains sealed.)
(Update 4/20/2012: Lopez arraigned on first degree murder charge for the killing of Killgore. Bail set at $3 million dollars. If convicted, Lopez faces 25 years to life. May 2, 2012 hearing set to determine if there is enough evidence to hold Lopez for trial. Perez bail set at $500,000 on stolen weapon charges. If convicted Perez faces minimum 3 years prison. April 26, 2012 readiness hearing and May 17, 2012 preliminary hearing set for Perez.)
What does a suicide note, a cell-phone, a stolen A-15 rifle and 2 people have to do with the killing of a 22-year-old US Marine wife, Brittany Killgore, who was found dead late Tuesday evening in California (Riverside County) just 25 miles northeast of her Fallbrook home?
The suicide note helped the police find Brittany’s body and may have explained how she died. But, who is Jessica Lopez, a 25-year-old San Diego woman, who reportedly penned the suicide note? How did Lopez know Brittany? How did Lopez know where Brittany’s body was? And, the details of how Brittany died? And, how did the police find Lopez in a San Diego motel room? And, why were there multiple self-inflicted cuts on Lopez’ body?
Finding Brittany’s cell-phone was a very lucky break for the police. It was reportedly found in Downtown San Diego, many miles away from where Brittany’s body was found. And, her family discovered Brittany was missing when they received a call from someone using her cell-phone.
Amazing luck. And, a cell-phone is full of leads and the details of one’s life. Who did Brittany call that Friday when she went missing? Who had she been calling in the days before her death? Who called her? Was Jessica Lopez in her contact list? And, most likely, the cell-phone led them to Jessica Lopez.
No doubt, the suicide note, the cell-phone, and possibly Lopez’ statements to the police, explains why Lopez is being arraigned this afternoon in San Diego on a first degree murder charge for the killing of Brittany Killgore.
Clearly, the prosecutor’s first degree murder charge against Lopez tells us that the DA has evidence showing that Lopez acted with “premeditation”, “deliberation” and had an “intent to kill” Brittany. So far, the prosecution calls it “homicidal violence”.
So, who is the other person, Louis Perez? He is a 45-year-old married US marine stationed at Camp Pendleton San Diego. And, why isn’t he talking to the police? Reportedly, he was the last person seen with Brittany. And, why was an allegedly stolen A-15 (non-military) rifle found in his car landing him in custody facing stolen weapon charges. Was the rifle involved in the killing? Who knows, but, he remains a person of interest in Brittany’s killing. Until, my guess, the police get the ballistics or fingerprints results on the rifle. Or, maybe, until Jessica links him to Brittany’s killing.
What’s the connection between Killgore, Lopez and Perez? Just friends? A possible “sex ring”, suggested by some? Friends getting together for a “good-bye” dinner as Brittany was leaving San Diego in a few days? A divorce “celebration”? Or, something, so much more. Reportedly, Perez and Lopez had lived in the same apartment previously.
And, most importantly, why was Brittany killed? What’s the motive? Jealousy? Revenge? Victim leaving? Or ?
The condition of Brittany’s body and how she was killed may answer that question.
Meanwhile, many questions remain in the tragic death of 22-year-old marine wife Brittany Killgore.
Simply my opinion, what say you?
Dalai Lama Event at USD: Greed Alive & Well
Posted: April 18, 2012 Filed under: General | Tags: Dalai Lama, Dalai Lama USD, University of San Diego Dalai Lama Leave a comment »Greed is certainly alive and well at today’s University of San Diego’s Dalai Lama event.
College students were scalping their $10 tickets for $100. Several of them were selling their “extra” tickets, and when asked why so much, “Capitalism, it’s Dalai Lama’, they responded. Wow, interesting response for a Dalai Lama event.
Although, an exercise in capitalism and greed may not have been what the University of San Diego Administration or his Holiness intended, if that’s what it takes to get the next group of leaders to hear the teachings of his Holiness, the return is far greater than a $90 profit.
Simply my opinion, what say you?
Judge Jails 17 year-old Alleged Rape Victim: Re-visit Marsy’s Law & Amend Penal Code 881
Posted: April 16, 2012 Filed under: General | Tags: California Crime Victims Bill of Rights Act of 2008, california penal code 881, jan scully, judge lawrence brown, marsalee nicholas, marsy's law, proposition 9, rape victim jailed, sacramento district attorney, sacramento judge jails rape victim 2 Comments »(Update 4/16/2012 5:30 pm: The judge just released the victim from jail with GPS. As reported by huffingtonpost.com, “the judge told the teen that her case had charted rare legal territory because her detention was seen as victimizing the girl a second time. I am truly sorry for all that you’ve been through. You’ve demonstrated great courage for a young woman.”. And, a defense attorney stated, “This may be the first time I’ve heard of a minor being subjected to that process…I think it can be characterized … as bullying.” (It took the judge over 30 days to figure that out. WOW, that’s some judicial discretion.)
What’s the quickest way to increase the chance of rapists going free? Threaten victims with jail. What?
That’s exactly what the Sacramento District Attorney Jan Scully and Judge Lawrence Brown did. They now have the distinction of jailing a 17-year-old alleged rape victim. Why? To ensure her appearance at trial. She had missed two other court appearances and the prosecution needs her for their case. So, jail forthwith. And, she has been in jail since March 14, 2012.
Is this 2012?
Have they lost their minds. Jail for an alleged rape victim? A 17-year-old young woman who was allegedly brutally raped by an alleged serial rapist. Who is the criminal here? What next, jail domestic violence victims when they recant or don’t show up?
Really, wouldn’t a shelter or safe house with electronic monitoring (GPS) have been sufficient.
When questioned, Sacramento County Assistant District Attorney Albert Locher stated, “the last thing we ever want to do is put a victim or witness in custody, but when you have serious crimes of violence and multiple offenses, you have to balance the protection of the community”, as reported by abcnews.com. (Alleged Rape Victim Jailed to Ensure Testimony 4/5/2012)
Really, Mr. DA, how many rape victims do you think will come forward now?
And, jail further traumatizes victims.
During her last 30 days in jail, the young victim has been sprayed with pepper spray, denied contact visits with her mother, and was injured during a “forced” physical education class, as reported by the Sacramento Bee. (Alleged Rape Victim must stay in custody, Sacramento judge says 4/7/2012). All while, she is recovering from the rape.
Simply appalling.
I should know. I prosecuted domestic violence cases for years and jail was never considered. I thought prosecutors fought to protect victims not bully them.
In California, victims have rights. It’s called Marsy’s Law. It was named after Marsalee Nicholas, a UC Santa Barbara college student, who was murdered and stalked by her boyfriend in 1983. The law was enacted because victims lacked adequate protection in the legal system. It grants victims 17 rights including the right to be “free from intimidation, harassment and abuse throughout the criminal and juvenile justice process” (California Constitution Article 1, Section 28(b), “The California Crime Victims Bill of Rights Act of 2008″).
And, jail is intimidation and harassment.
If a judge and a DA can’t figure out how not to re-traumatize a victim or the silencing consequences of jailing a rape victim, it’s time for the legislature to step in. It’s time to amend Penal Code Section 881 to stop the next DA or judge from imprisoning a rape victim on a material witness warrant.
And, a judicial apology could never offset the damage to a victim.
Simply my opinion, what say you?
Trayvon Martin Killing: What is George Zimmerman’s Best Defense
Posted: April 12, 2012 Filed under: General | Tags: casey anthony, George Zimmerman, George Zimmerman murder, jury selection, OJ Simpson, Stand Your Ground Law, Trayvon Martin, voir dire 2 Comments »(Update 6/1/2102: Zimmerman’s bail revoked, back to jail he goes, for lying to the judge about his “indigent” status. Apparently, he had over $135K in the bank. Not good, coming from the son of a judge.)
(Update 5/15/2012: Martin’s autopsy shows injuries (cuts) to his knuckles. Zimmerman’s medical records from a family physician indicate a broken nose and head lacerations.)
Pick the right jury.
And, that’s the challenge for both the prosecution and the defense.
The defense just needs one juror to vote not guilty or undecided. While the prosecution needs all of the jurors to vote guilty, a unanimous verdict.
This case will be a “battle of the facts”.
Did Zimmerman act in self-defense? Was he “attacked” by Trayvon? Did he have a “reasonable belief that use of deadly force was necessary to prevent death or great bodily harm”? What did the 911 callers see or hear? What was the angle of the shot? What were Zimmerman’s injuries? Any blood or gun resin on Zimmerman? And, most importantly, what were the injuries on Trayvon Martin, other than the bullet wound, to support Zimmerman’s claim that he was attacked and that there was a struggle?
Or, did Zimmerman act with a “depraved mind without regard for human life” when he shot Trayvon? Did he act with “ill-will, spite or hatred” (depraved mind) necessary for the prosecution to prove a second degree murder conviction? Was there a racial slur on the 911 call? What were Zimmerman’s statements to the police? Did an ear-witness hear Zimmerman’s words?
And, then, there is “reasonable doubt”, which many jurors struggle to understand and many defense attorneys consider the “Hail Mary”. The defense will remind the jury that each element of second degree murder or manslaughter, a lesser offense, must be proved beyond a reasonable doubt. “If there is reasonable doubt, you must acquit”, the defense may say.
And, will George Zimmerman testify? Will he be sympathetic? Will he connect with the jury? Will the jury identify with him? Will he be believable? Or, will the facts or the forensics (angle of bullet, no fight injuries to Trayvon, etc.) discredit his story?
Yet, if the public’s reaction to date is any indication, picking a fair and impartial jury will be no easy task for either side. But, an experienced trial attorney knows that this case will be won or lost by who they pick as jurors.
Just ask OJ Simpson or Casey Anthony.
Simply my opinion, what say you?
Michele Hagan is a California trial lawyer, legal analyst, former prosecutor, defense attorney, Judge Pro Tem and trial skills expert. She has tried over 100 jury trials and supervised countless others. She trains attorneys to avoid "trial by fire" with her company, TRIAL READY®, and educates business owners and the public on the appropriate use of the justice system. Ms. Hagan provides sought after legal analysis on high profile cases, hot legal topics and today’s news.
