Continued from Day 6 (Part I).....
May 12th, 2011
3:06 pm We’re back inside the courtroom. Werksman’s witness, a woman, is here with a male friend.
JK: The people rest, subject to the admission of the evidence?
MW: ...Subject to our deferral of certain other motions.
Werksman presents his single witness.
#1 PATRICIA TABOGA
MW: Ms. Taboga, (how is) James Fayed related to you?
PT: He’s my brother.
Patty and Fayed were raised in same house. There is an age difference of ten years. Fayed is 48/49; Taboga is 58. They had the same parents.
MW: Where did you grow up?
There is another sister and two other brothers.
MW: Mary Mercedes what is her age.
PT: She’s about 15 months my senior.
MW: And there are other siblings?
PT: A younger brother and a deceased brother. Anthony is younger; he is 3 or 4 years my junior.
MW: John is the other brother?
PT: Deceased over 10 years ago.
MW: What was (your?) original name?
MW: At some point you grew up in same household?
MW: (Describe your) relationship.
PT: It was a normal brother sister relationship.
MW: What do you do for a living now?
PT: Registered nurse.
MW: Did you move out (of the household) to go to college at some point? (snip) At what age did you live apart from Jim Fayed?
PT: I was approximately 20.
MW: And from that point forward, could you describe the relationship you had with Mr. Fayed.
PT: He was living on the eastern shore with our parents. (snip) But most of the information I received was through my mom.
MW: Would you speak to James, when you were a young adult?
MW: Did you at some point move to Penn?
MW: When did you move?
PT: Early 90’s.
MW: What caused you to move?
MW: Who did you marry?
PT: Kurt (sp?).
MW: Is that Kurt Taboga?
PT: He is a police officer.
MW: What agency did he work for in Pennsylvania? (snip) And that was 10 years ago living in Pennsylvania? (snip) Did you move fro m Pennsylvania to someplace else in the last year or two?
She and her husband moved to Wyoming. She states that she is here under subpoena at Mr. Werksman’s request.
MW: I’ll ask you now about Mr. James Fayed. Did you become aware at some point that he moved to California?
PT: He went many years ago. I don’t know when. (Possibly?) over 20 years ago.
MW: Do you know what caused him to come to California?
PT: Objection! Hearsay.
MW: Did you know where in California he moved?
PT: Originally I don’t know ...some hours from this area.
MW: Can you describe your relationship? How often did you speak?
PT: Not very often. I spoke wit the family. I spoke with the family (to) find out how the girls were doing.
She spoke with her brother by phone.
MW: How many times a year?
PT: A few times yearly. (snip) I spoke with his wife more.
MW: Was there estrangement?
PT: Just separated by distance and time. (snip) We talked family things, the girls, and what they are doing for the holidays.
MW: Do know when they were married?
PT: A few years less than we were if I remember correctly. Late 90’s.
She did not attend the wedding.
MW: Did you have communication with Pamela, James’ wife?
MW: How often did you speak to Pam?
They were very friendly
MW: Any hostility?
PT: No not alt all.
MW: Did you visit him?
PT: On our 10th wedding anniversary (in 2006).
MW: Came out with Kurt?
PT: We stayed in Ojai not with them in their home.
People's exhibit #14 (Photo of the home on Baja Dr.)
They were out here (in California) approximately five days.
PT: It was our anniversary and anxious to come out and meet the girls Desiree and Jeanette. (snip) I had spoken to Pam but had never met them.
MW: Describe (your?) relations with girls.
PT: Wonderful. Wonderful girls.
MW: How would you describe the visit in 2006? (snip) Did you have contact with the Fayed family daily?
PT: I think we saw Pam all but one or two days. (snip) The visit was wonderful.
MW: Relationship at that time?
MW: Did see James Fayed? (snip) How often?
PT: I think we saw Jim three or four times.
MW: Was there an absence of Mr. Fayed during the visit?
EH: Objection! Relevance?
Another question was objected to and both were sustained.
MW: Did anything happen while you were out there?
MW: Were there days you didn't see him?
MW: Were you ever in his house that, (where) he was in (the) house but could not see him?
MW: Were there times in your visit in October 2006, did you detect or become aware that they were going to be divorcing within months?
Did you learn later that they would be divorcing?
EH: Objection! Based on hearsay.
MW: Did you remain in contact with Jim or Pam Fayed? (snip) In in October 2006 and early 2007 how often did you communication by phone with Pam Fayed?
PT: Every other day. Weekly or every other week. (snip) We would share (?). (snip) Did we have a friendship? I think it was cordial.
Werksman asks about Jim.
PT: He usually wasn't available.
MW: Did there come a time that you learned that they were no longer living in the same house
MW: When you were visiting in 2006 did you visit the ranch property? (snip) When you were visiting in 2006 where was Jim living at the time?
PT: At the Baja house.
(Werksman is trying to get in hearsay.)
Two more questions are asked and Judge Kennedy sustains both objections.
Werksman now moves onto her relationship with her sister, Mary Mercedes.
PT: I would consider it normally sister relationship.
MW: Living in different places?
PT: We weren't estranged.
They spoke on regular basis.
MW: Was it ever unpleasant?
PT: It was mainly family things that we discussed.
MW: Did you have conversations with Mary Mercedes in 2007 about Jim and Pam's divorce?
EH: Objection! s
Werksman: Your honor, may we approach.
Werksman is asking question after question, to get in information about the defendant. I think this is almost like the peoples trying to get in Pamela’s friends. This is hearsay.
How long did you speak to James Fayed in the year (?)?
PT: Late after 2006, once.
MW: How often did you talk to Pam?
PT: I can’t determine the number, but a number of times at least. (snip) At least ten (times).
MW: How often talk to Mary Mercedes? About the same?
PT: No. More with Mary than with Pam or Jim.
MW: Did you receive a phone call from Mary Mercedes sometime in May of 2008?
PT: To best of my recollection, it was a Sunday afternoon.
The Phillies were playing. I wasn’t working that’s why I think it was a Sunday.
MW: In the month of May?
PT: I believe so.
MW: What did she say to you?
PT: She called to ask me to ask my husband to murder Pam. (snip) She called and asked, do you think you could ask him to murder Pam for $200,00. (snip) I was shocked and devastated and told her, “Did you forget what side of the law (my husband is on)?”
MW: Did she explain why?
PT: She said the money was running out and Pam had to go. (snip) It was a long conversation; (I told her) that I was shocked, and I told her that she was out of her mind and going way over the top. And we talked long after that.
MW: Prior to that had Mary asked anything of the sort?
MW: In the course of conversation, did you respond?
PT: I told her she was out of her mind, and wondered what she thought was to make such a horrible request. (snip) She said she was involved in the business and that attorneys were running out and costing a lot of money and that the money was running out and something had to be done.
MW: Did Mary suggest that Jim was involved in her request to you?
MW: (S0) It was a very long conversation, and you asked her if Jim knew she made this request?
PT: She said no.
JK: Sustained! Answer stricken; jury admonished.
MW: Was Jim on the phone?
PT: No. (snip) I made her swear to me that she had just taken a leave of her senses and I told her that she was insane. That what she called to ask (of) us, and to leave California and go back to Maryland and get out of their divorce (issues).
MW: Did you have any more conversations with Mary about Pam?
PT: I’m not 100 percent sure, but probably.
MW: Did you report Mary's request to law enforcement or anybody?
MW: Did you tell Kurt?
MW: Why not?
PT: Because it was a horrible thing to ask. (snip) I didn’t want to have to relay that kind of information to my family member. It was just horrible. (snip) She then said, don’t tell anyone, (She said) I did lose my senses don’t tell anyone; don’t tell Jim don’t tell Kurt.
MW: Then you learn Pam had been murdered.
PT: Mary called me the Thursday after the murder.
MW: What did Mary say to you?
Several questions in a row are asked, objected to and sustained.
MW: Did Mary acknowledge Mary’s role in Pam's death? (snip) Did Mary tell you she had anything to do with Pam’s death?
MW: Did you have conversations with Mary about Pam's death? (snip) About the prior phone call?
PT: I don’t remember if it was specifically addressed
EH: Objection! Hearsay!
MW: Did Mary ask you not to mention...
MW: Did Mary ask you not to mention what she asked you?
PT: She told me that on two occasions. (snip) Once on the phone when she asked, and once when she came to visit us in 2009. I asked her because it had been bothering me.
The witness gets emotional. She starts to breaks up.
PT: She told me again not to say anything.
MW: You learned that your brother was accused of arranging the murder. (snip) Did you contact his lawyers?
PT: I believe I either left a voice message or E-mail request. (I) sent (it) to your office that I had some information that I would like to share. (snip) I received a message from you, that this was a very involved case, due to the expense of the case, ( to? convey?) information to Mary, and that if I had any questions to (contact?) Mary.
MW: Did you do anything about that until about a month ago? (snip) Did you discuss your conversations with Mary with law enforcement until about a month ago.
MW: Did Mary visit you in Wyoming?
PT: Dec o9.
MW: You moved in 20o9? (How was that visit?)
PT: It was a cordial visit.
MW: did she ask to move her things to your place? (snip) Did she do something, was there a dispute that caused you to become estranged?
Did you and Mary stop talking after some time in December, 2009 - January 2010?
MW: (You) mentioned leaving message with my law office. Did you specifically mention that Mary had called and asked Kurt to.... (miss end of question)? (Did you receive a call from) Holly Jackson, (who stated she) works for Mr. Fayed’s defense?
(?) She identified herself.
MW: She contacted you to talk about this case? And some point in the last month or two, did you send a letter for Holly, that was meant for your brother Jim, that you sent to Holly?
PT: I put in the information about Mary calling me.
MW: Document defense exhibit B, three page letter. Do you recognize this document?
PT: I do.
MW: What is this?
PT: That's the letter I sent to Jim. I typed it in my own hand.
MW: That’s your signature ?
MW: And what you would testify about?
EH: I would object to the letter being given to the jurors at this time.
MW: Defense exhibit C that accompanied the letter to Jim. Addressed to Holly?
MW: To give to Jim?
MW: (Is that) your signature?
MW: (Date on Holly note is) March 8th 2011?
MW: Date on letter is March 9th, 2011?
She sent this to Holly Jackson. Sent to Holly because Holly contacted her two or three times to ask if she had any pertinent information. And when Holly got it, then she got a phone call from Werksman.
MW: Then they discussed it?
MW: You agreed to become a witness in this trial? (snip) One second.
Werksman talks to Fayed and Meister.
That’s it for direct. Harmon gets up to cross the witness.
EH: Have we ever met before? (snip) What about this person in front of me, Mr. Jackson? (snip) What about the gentleman with badge (the detective)? (snip) Ever take to us before this days date?
(I don’t have it in my notes, but I believe all the answers are “no.”
EH: You've come into this court today and told this jury that three years ago, your sister, offered to pay you and your husband two-hundred-thousand dollars to kill Pamela Fayed. (snip) The fist time you ever said anything to any body is 32 days ago. Is that right mamma?
EH: Three years ago you and your sister Mary had a bitter falling out?
PT: I wouldn't’ call it bitter.
EH: You previously described it as vicious?
PT: I wouldn’t say that, no.
EH: You didn't know Holy before that day?
Holy Jackson calls you at your home and she explains who she was?.
EH: And she said she worked with Mark Werksman. (snip) She said her sole job, was a mitigation specialist with Mark Werksman?
PT: She was working on the death penalty part.
EH: You’d never heard about the (?)
PT: I never received any information on my brother’s case.
EH: When she told you specifically that (we?) would ask questions in his penalty phase when that came, and she said that her job in doing this, was to make sure your brother stayed off death row?
PT: She did not say that. (snip) Wrong. She never said she needed any information from me. (snip) She said if I had any information that to give her. (snip) It was more or less a voluntary thing on my part.
EH: She asked questions about James Fayed and his childhood?
PT: I don’t know if she asked about the childhood. If I had information that would help, that was necessary, or
(?) She was not privy to the guilt phase.
PT: I don’t remember.
EH: She also talked to you at great length of the family background and Jim's life?
PT: She asked about Jim's life and background.
EH: So you knew, that your brother would face a jury that would decide his fate? And she told you there was a very incriminating tape?
PT: I believe in our justice system and that someone is innocent until proven guilty.
EH: And you also said that Pam was laundering money for a mafia type. Let me get this right. That Pamela's laundering money for mafia types and they retaliated for murdering her.
PT: I didn’t believe that. Mary said that. (snip) I didn’t know. That’s why I'm here. I don't know and I don’t know what was going on in their business or any of those details.
EH: Your testimony is that you don’t know if your brother or sister was at the helm ...(?)
PT: I don’t know.
EH: So you told her this bombshell?
PT: No I didn’t tell Holly that. (snip) I told her that I had information that I wanted to share with Jim. (snip) No I didn’t tell her.
EH: She didn't’ ask you repeatedly?
The hand written letter is presented to the witness.
PT: I can see it I can’t read it.
EH: And in this letter you told her that I have enclosed a letter for Jim and that you can deliver it?
PT: (I) mailed it to Holly Jackson.
EH: Defense exhibit B with typed letter. When you told her about the letter, you dated it March 8th. The letter to the brother, is March 9th 2011. So you weren't enclosing any letter you hadn’t even written this letter... (?)
PT: I wrote the note to Holly and I wrote the note to Jim the following day.
EH: I'm asking you in respect to a solicitation. You were asked a different version than one you had told Holly Jackson. When did you put this in the mail?
PT: I don’t know.
EH: You raised your family in Pennsylvania?
EH: You then moved to Wyoming as you told Mr. Werksman and he’s a policeman; I mean your husband?
(?) Mary raised her two kids in Maryland.
PT: Married to her husband, Robert Sr.
EH: And then sometime in 2006 that you came out here to celebrate an anniversary?
EH: Pam was great?
PT: Pam was wonderful.
EH: (You) saw the girls?
PT: Precious sweet young girls.
EH: No problems with Pam? (snip) No problems with your brother or anyone else?
EH: Then you learn sometime in 2007 that Mary had moved out to Southern California to help her brother James Fayed?
PT: I don’t know; it was a physical separation.
EH: She was living in a different state her two adult children were grown and she was off doing her own thing?
PT: I guess (?)
EH: She has lived continuously at that Happy Camp Ranch?
PT: I haven't spoken to her since December 2009. I don’t know where she is living.
EH: She's’ not in Mexico? She’s not in Canada?
PT: I don’t know where she is.
EH: James and Pamela began to get a divorce in 2007 2008?
PT: Last I spoke with (them) 2007 and they, Jim (?) ...
EH: You wrote: “Then money to Jim became his enslavement and entrapment?
PT: No, I don’t remember writing that.
Do you remember telling that to Holly Jackson on March (?) 2011? (snip) You told her that for Jim money became his enslavement and entrapment. to him. (snip) You were talking to Holly Jackson?
Witness doesn’t remember that. She believes that statement was taken out of context. Harmon now asks her about the phone call from Mary. She thinks it was in May 2008.
PT: When we hung up the phone she told me she had lost leave of her senses and she asked me not to tell anyone.
EH: My question to you, did you contact anyone in your local law authorities.
EH: Did you call Jim and tell him what Mary did and did you say anything to anyone?
EH: Did you write it down anywhere?
EH: In a journal?
EH: You liked Pam a lot?
PT: I loved Pam.
EH: You then called Pam right away that there was a plot to murder her?
PT: When I hung up with my sister, she told me not to tell anyone. (snip) I told her to get out of California, that she needed to get out of their marriage.
EH: Did you tell Pam anything about this?
PT: I spoke to her and told her I thought the divorce was very ugly. And that there were people that shouldn’t be involved and to watch herself and to be careful. (snip)
I told her that I was sorry they were getting a divorce. (snip) She told me that they were not that unhappy. (snip) I told her to watch herself, out of concern.
Another question from Harmon that I miss getting.
PT: Well, my sister was the only one who was saying anything.
EH: Did you take any action, to tell Pam, that she was in grave danger? Did you take any action, or say anything to a woman who was in mortal danger? (snip) Did you send Pam a note or letter or e-mail or anything like that?
EH: So on July 28th 20098, you were aware that Pamela was brutally murdered in a parking garage?
EH: Then got a message from Mary Mercedes on the Thursday after, that Pam had been murdered?
PT: That was the first....
EH: (You) spoke with Mary many times after that? Did you speak to Mary, say “who (did this?)” Did you say anything like that? (snip) When you talked to your sister Mary Mercedes in the days and weeks following the vicious murder of Pamela Fayed, did you say anything about (that prior solicitation)?
PT: I didn’t believe that she did it. She told me she had no intention of doing it and I believed it.
EH: My question is, did you confront her?
PT: I don’t remember if I confronted her or not.
EH: You spoke to her about five times in August or September in 2008. Did you know that they got permission for a phone tap? (snip) (You had a) conversation with Mary Mercedes on August 19th, 2008. August 19th 2008, did you confront her on that date?
PT: She was (calling?) me.
EH: September 1st 2008 did you confront her at that time?
PT: I don’t know. I don't understand what you are (confronting me about?)?
EH: Did you bring up the conversation that you had with her in 2008 about the $200,000.
PT: I would say no.
EH: September 3d 2008 (you had a) long conversation (at) 9:54 am. Did you confront her or talk to her about the conversation you had back in May 2008?
PT: If I’m understanding you ... (?)
EH: (I?)want (you?) to read through some of those phone calls; (Had you) talked to your sister Mary and brought up in any way, (the solicitation on) September 3rd 2008, that (?)
PT: I would say no. I didn’t have a confrontational discussion with her. Not confrontation
EH: Did you even say, any thing, bring up this conversation about the murder with Pamela Fayed.
PT: Yes. (snip) Sometime afterwards,but I couldn't tell you when it was.
So, the witness agrees now, that she brought up this issue of mary’s solicitation to her earlier.
PT: September and October of 2008, I had no contact with him (Fayed) at that time.
EH: But you never went to him. And never went to him with vital information, that would spring the door open for him?
PT: I don’t remember when or how I contacted Mr. Werksman. I know he returned the call.
EH: AT that point, you were sitting on information about the solicitation of murder for a person and you didn’t call him back? (snip) So was the person in your mind, that was going t 0 have this piece of information, (?) to work for you?
PT: Well, the only information I was getting on this case was my sister. (snip) She (Mary?) was speaking to the DA and no one was calling me.
EH: Your sister told you the DA was going to call you and talk to you about the solicitation?
PT: No. She said that someone from the DA’s office, would be calling her.
EH: You said that you never believed her? (snip)
PT: When we were (I miss the rest of the answer).
EH: How is that an explanation for, after Pamela Fayed was murdered, not going to Fayed, not going to Mr. Werksman, not going to any law enforcement? (snip) You had information that would free him?
PT: I didn’t think I had information to free him.
EH: But you didn’t think that information was important? (snip) You didn’t come forward until 32 days ago?
PT: It wasn’t until then that some one asked me about it.
(?) No one wants to believe that (?)
EH: Mary started to care for Jeanette. Providing for her, clothes, legal custody. (Do you remember talking to her about all the things I just mentioned? Wire tap on wire tap. (snip) You knew that she was attempting to get legal custody of Jeanette?
PT: If she had legal custody, that’s news to me right now.
EH: You knew that Mary was stepping into those shoes at least temporarily?
PT: No I didn’t know that.
EH: You knew that she was caring for her?
Based on what you are (telling this court?), you said that this person is even unfit, to even temporarily care for this girl?
PT: Why would I do that?
EH: Well, if you thought that maybe if this person was (plotting to kill someone) Mary stood by your brothers side and coordinated his legal defense?
PT: I don’t know. (snip) She was the only one that was supplying me with any information.
Harmon asks a question I miss.
PT: What did you ask me again?
EH:: She was making legal arrangements.
PT: I don’t know. (snip) In 2009 when she came to visit us, in the summer of 2009, I asked her if Jim knew of her phone call, and she said no.
EH: She came at christmas in 2009, yet you had invited her into your home? Yet you know (she tried to solicit murder)?
PT: I’m not understanding.
EH: You extended an act of kindness in 2009 to your sister to come stay with you? (snip) And your husband helped Mary Mercedes dispose of his (Fayed’s) gun collection in a lawful and legal manner?
(I believe she answers yes.)
EH: In 2010 January an February 2010 you exchanged E-mails that were hostile?
PT: They weren't on my part. She was angry with me. I wanted this to come forth because I felt Pam deserved it. And all the facts to come forth.
EH: Pam deserved it? or James Fayed deserved it? And you wanted it to come to the attention of the jury 32 days before your brother is facing the death penalty?
Cross ends and redirect begins.
MW: Did Mary ever discourage you from contacting his attorneys
PT: She told me that every time that someone was speaking to the attorneys it was costing money and to contact her.
There’s another long question that I miss.
MW: Did you receive information from me, hear (from me) about the (fact that?) I would turn your letter over to the DAs’ office? Did anyone ever contact you, from DAs office?
PT: I sent E-mails that I had saved to you (Mr. Werksman) regarding her visit in December.
MW: Those E-mails were the subject of the questions by this prosecutor?
There’s a question about Mary, about Mexico.
JK: Sustained! Answer stricken.
MW: Do you know if she did?
EH: Objection! Hearsay.
There are no further questions.
JK: Witness excused?
MW: Yes your honor.
That took 1.5 hours. The Judge asks for sidebar with counsel. It’s past 4:30 and Judge Kennedy’s voice is starting to go.
JK: There will be no more today. However, tomorrow you need you to come into court at 9 am. The court has some concerns that some of you are not complying with the directions I have given to you with regard to discussing case, accessing case on the Internet.
JK: I’m telling you right now! I don’t want you to talk about this case!
Oh my! She is angry! She has an angry, loud tone addressing the jurors.
JK: Do not look on the Internet for information! You are in violation if you do that! Do not contact attorneys or their offices! When you are on your way to to the parking lot, do not talk about this case with each other!
If you do you are in violation! Do I make myself clear?
She has a very angry tone in her voice. It’s a loud tone.
JK: Mr. Werksman, will defense be offering anything into evidence?
MW: Defense A, Defense B, Defense C. A is letter from attorney. B is letter from Patty to Jim. Cover letter from Patty to Holly Jackson is C.
The people are objecting.
I think it’s Judge Kennedy states that the particulars of that (will be presented) tomorrow. if your’ offering to redact, you can have something for the court to (?refile?)
Defense rests. Fayed waives right to testify on the record.
JK: Anything else to talk about? The defendant is remanded. See you tomorrow.
Alan Jackson recommends Cold Ease to Judge Kennedy. Jackson's home remedy. Cold Ease.
More to come for this day's testimony..... Sprocket.