response. >> sustained. ms. lopez, you need to answer these questions. >> ok. no. >> and were you on the phone with linnette peralta haynes when you found out from ms. madison there was a police investigation? >> no. >> how long after you found out there was a police investigation did you get a call from ms. peralta haynes? >> i cannot tell you how long. we -- i don't know, maybe 10, 15 minutes. >> ok. and where were you when ms. peralta haynes called? >> in the stairs of ivory madison's house. >> interior stairs? >> interior, yes. >> and how long did you speak with ms. peralta haynes

beforehanding the phone to ms. madison? >> i do not remember, but i just was so panicking and i said to her, my neighbor called the police and i was -- and when i hand the phone to ivory, i was trying to someone speak in english maybe could explain better that i do not want the police involved. >> so you don't -- >> so i just say help me, help me talk with this. she called the police. >> so you don't know how long you were talking with ms. peralta haynes before you handed the phone to ms. madison? >> how long i was talking who with who? >> with ms. peralta haynes before you handed the phone to ms. madison? >> how long i was talking with ms. peralta haynes?

how long it takes to say -- 30 seconds, one minute. >> ok. and what did you hear ivory madison say to ms. peralta haynes? >> i really was trying to pay attention but i couldn't understand anything ivory said. i was so shaking. >> ok. after ivory madison handed the phone back to you, what did you do? >> i do not remember exactly why i -- what i told linnette. i think i told her call ross. let him know what is happening. and goodbye. >> ok. and did you tell ivory madison that you were concerned for your husband's career at that time?

>> she was repeating screw him and why you trying to protect him? so i said, i do not want to screw him. he's a great politician. >> ok. >> how i am going to destroy him -- >> did you ask ivory madison to tell the police she made a mistake? >> i told her i did not recall exactly what i said because i was almost crying. >> ok. did you tell her not to cooperate with the police? >> i remember saying you don't have my permission to do this. i trust you. i trust you. >> ok. now, i want to look -- i want to go over some emails and text messages that you sent that afternoon.

i want to give you exhibit 5 8. so this is an email message you sent to ms. madison on january 4? >> yes. >> ok. now, phone records that are already in evidence are exhibit 8 3 shows before you sent this message to ms. madison at 4:14 you had a call with linnette peralta haynes that began at 3:56 p.m. and lasted 15 minutes, 36 seconds. in that phone call with ms.

peralta haynes, did you discuss sending an email to ivory madison? >> when i left ivory madison's house, i was so shaken that i couldn't find my car. so i was walking on the haith street to city hall and calling ross, calling linnette, calling ross, calling linnette. and then she answered and when i was talking with her and say oh, my gosh, she had a video, goodbye, goodbye, i have to call you back. and then i wrote an email like you don't mess this -- this email. and i really hope you respect my feelings. >> you don't remember having a phone call with linnette peralta haynes that lasted 15 minutes and 36 seconds before sending this email to ms. madison?

>> yes. that phone call was 15 minutes when i was talking with her, i just realized that the video was in -- she had a video so i closed the conversation and i wrote this. >> ok. so in the phone call with ms. peralta haynes, did you discuss sending this email to ms. madison? >> no. >> ok. and i'd like you to look at another exhibit, exhibit 5 9. and the phone call says you had

another conversation that lasted one minute and 20 second. and this email that's exhibit 5 9 was sent at 4:16 p.m. right after that call. >> uh-huh. >> did you discuss sending this email with linnette peralta haynes? >> no. no. actually, i wrote this email around 11:00 but i didn't send it because i think she will respect me, so that was already wrote in my -- >> and when you wrote to ms. madison, i've been calling social workers, therapists and lawyers, had you in fact been calling other lawyers the morning of january 4? >> no. >> ok. and did you write this email before or after you spoke with linnette peralta haynes that morning? >> i wrote this email around 11:00 p.m. 11:00 a.m. >> ok.

and that was the nice way to tell ivory i don't need your help anymore. >> did you write this email before or after you spoke with linnette peralta haynes in the morning for 40 minutes? >> i do not remember. >> ok. now, when you spoke with linnette peralta haynes, did you discuss your husband's childhood? >> i mentioned that. >> now, in either of the calls that you had with linnette peralta haynes in the 4:00 to 4:15 time frame, did you share your feelings with ms. haynes about the fact there was now a police investigation of what your husband had done to you on the 31st?

[discussion with interpreter] >> i'll say it another way. >> rephrase, yes. >> in the phone calls around ms. her alta haynes around 4ing -- ms. peralta haynes around 4:00 p.m. in the afternoon, did you ask her for advice about how to stop the police investigation? >> the only thing i remember -- i do not remember what we were talking about. i just remember maybe saying how could this happen, oh, my gosh, what are we going to do? this is a disaster, how she could do that. when you're panicking, these

are the kind of things you said. you cannot be -- you feel betrayed. i was feeling betrayed and was so angry. >> did you discuss with ms. peralta haynes what you should do with regard to telling ms. madison what you wanted her to do? >> i do not remember -- i think i remember saying what is going to happen now? >> now, you had some other calls with ms. madison that afternoon? >> yes. >> and in those calls, the purpose of your calls to them was to tell them not to share any of the information you had given to ms. madison, is that correct? >> they -- well, any of them have my permission to disclose all the conversations that we had. >> and that's why you made the call to them? >> absolutely.

>> and where were you when you had those calls with linnette peralta haynes between 4:00 and 4:15? >> i walk from ivory's house to city hall. i wait in ross' office in the second floor. he was not there, was with staff. then i walk out to see ross and walk back to my home. all the time i was in the street walking. >> ok. so when you first got to city hall, you first went up to the second floor without having met your husband first? >> yes. >> sock. -- ok. and did you finally connect with your husband by phone when you were here in city hall or when you were downstairs,

outside? >> i was sit down in his outside of city hallow -- i'm sorry, outside of his office in the second floor in the city hall. when i -- you are talking by phone, right? >> yes. and how long after that did you see him in person? >> he was in -- i don't know where in what event, and he was walking to come here to another event he had at 4:30. so he was walking coming here, and i met him along -- could take maybe seven minutes, walk together. he came from haight and i walk outside and we find each other in haight or grove, i don't remember which one it is.

>> ms. lopez, you had more calls with linnette peralta haynes that afternoon? >> she was the only person i was talking with. >> as well as your husband? >> and my husband, yes. >> and when you spoke with your husband, did you tell him about the video that you made? >> when? >> when you spoke with your husband that afternoon on january 4, did you tell him ma >> objection, that's vague as to time. >> do you under the question, ms. lopez? >> if i talk to him in the street and i tell him -- i told him about the video? >> yes. >> i do not remember if i told him in the video at that point. i really think i told him at home later, around 7:00 p.m. >> ok. did you tell -- you did tell

him, though, that there was a police investigation. >> yes. >> ok. so -- i'm going to show you another text message that's part of exhibit 8 0 and for the benefit of the commission, this is a text message, it's not shown on exhibit -- i'm sorry, i apologize. it's shown on exhibit 8 3, january 4, 2012, 5:51 p.m., text message from ms. lopez to her husband.

so i'm going to show new message on the overhead, ms. lopez. it reads, you have to call hennesey and stop this before something happens. ivory is giving the investigators everything. use your power. when you wrote "use your power" what power were you referring to? >> if you are a supervisor and you just become a sheriff, do something. >> ok. now, you had a -- you did send

another text to your husband at 6:05 that evening. it's in evidence and in fact it's on the lower part of the page i just handed you. it says, don't write any other thing. answer linnette call, she has some advises. did ms. peralta haynes advise you not to write anything about what was going on? >> i think this is -- tell me which time again? >> this was a message that was sent at 6:05. >> i recall to -- because that was from my brother in venezuela. he said you should close -- say i told him what was happening and he told me close the

facebook page, don't write anything. and don't talk anymore by phone because maybe they are listening. >> ok. so you sent this text message in response to getting that call -- to getting that advice from your brother? >> yes. and it -- >> did you actually speak with your brother on the phone? >> i don't remember if i did by phone or through skype. but i got that from my brother. and also, i was talking with linnette and linnette said, i have to talk with ross and he's not answering my phone calls. so i text him, answer linnette calls. >> did you send this text while you were talking with your brother? >> you know, i do not remember. at that point i was already with theo because i pick him up at 5:30, so we were already at

home, maybe i was in skype. >> ok. what i'm trying to figure out, did your brother give you the advice and immediately after that you sent the text? >> yes, yes. and actually we didn't talk any more because we were like so scared that someone is listening, someone is the big brother around and watching all this. he was right. >> were you on the phone with anybody else on your cell phone while you were talking with your brother on skype? >> no. the only people i was talking with was linnette, ross, and that's all. >> ok, my question was a little different. it was when you were talking with your brother on skype, were you talking with somebody else at the same time on your cell phone? did you have two conversations going on at once? >> asked and answered.

>> it was asked. i'm not sure it's been answered but i mean, if this is the way you're going to spend your time, mr. keith, i'm not inclined to give you a lot more. you can answer the question. >> usually what i do and how i talk with my family every day, we open the computer and they are there, so they see theo playing, they can entertain theo so i can cook. the computer is open and they're there so i can be walking and talking by phone and they can be playing with theo so i can -- >> ms. lopez, i think you may have misunderstood my question. when you had this call with your brother on skype. >> yes. >> did you have another conversation going on on your cell phone at the same time? >> you know, this time was so busy, i was calling linnette, calling ross, calling back,

talking with my brother, taking care of theo, so i don't know if actually so many times -- ok, goodbye, ross is calling. ok, ross is calling right now. no, linnette is calling. oh, bad, whatever, whoo. so i do not remember. and of course i think i did. and i was feeding my son, cooking for my son. doing everything at the same time. i do not remember exactly if i was -- i was panicking, also. i was betrayed. >> now, ms. lopez, did you release a statement to the press on january 5 to the effect of what was happening to your husband was wrong? did you make a public press release on that date? >> january 5? >> yes.

>> here or in venezuela? >> here. >> i think we got lawyers, the same, january 4, and they advise do not talk with anybody. >> ok. ms. lopez, i'm not -- i'm not asking that -- that's not the answer to my question. the question that i asked you was, did you make a release to the press, just making a statement that what is happening here is wrong, i have absolutely no complaint against my husband, my husband has never been abusive to me, ross and i are committed to our marriage. our son and our family.

on or around january 5 or 6? >> yes, we did that through our lawyers. but i didn't have communication or give any interview. that was january 5 or 6th >> i'm just asking, do you have a recollection? >> no. >> i'm going to approach the witness and show her a document to refresh your recollection. i'm happy to give it to the commission as well. >> show it to opposing counsel. is there an objection? hold on, mr. keith. is there an objection in showing her the document to refresh? >> no. >> ms. lopez, if you could just review that document and let me know whether it refreshing your recollection as to whether you made this release on january 5 or 6? >> the date again? >> january 5 or 6.

>> and what is your question? >> does this droument refresh your recollection whether you made a press release on january 5 or 6? >> yes. >> ok. and you did? >> yes. >> when? the 5th? is that what we've established? >> yes. now i remember. they closed -- >> that's fine. thank you. i just was confused. >> ok. so there was a release on the 5th? >> yes. >> ok. and did jim stearns assist in that release? >> i wrote this with my lawyer and then they -- i think they check everything and they were agree. >> jim stearns was agreed? >> i was not present.

>> objection, relevance. >> ok. >> sustained. >> the relevance was going to become clear in just a moment. i have to lay a foundation to get there. >> well, what -- >> ok. did mr. stearns work on your husband's campaign for sheriff? >> yes. >> and was he involved in getting this release out to the press? >> i think he was trying to help ross that i made this with my attorney. >> ok. >> sounds like there's no personal knowledge. i'll move to strike the answer. >> i think her lack of personal knowledge is apparent. >> ok. was linnette peralta haynes involved in getting the statement out to the press? >> i think you have my phone records but after this day we

didn't talk too much again and actually, i don't have any other -- i don't have any contact with her because she was in a high risk pregnancy and all this was so stressful for her. >>o the -- so the police called you on january 5, correct? >> yes. >> and you told the police your neighbor was nuts and your neighbor was broke and trying to get attention, correct? >> broke, yes. >> ok. you never said to the police that your neighbor was your attorney, did you? >> at that moment, no? >> on the 5th to the police? >> no, in fact i know i didn't. >> you told them to contact your attorney who at that time was cheryl wallace? >> yes. >> and cheryl wallace shared office space with the attorney with your husband's first attorney, robert waggoner?

>> yes. i think so. i think so, yes. >> you gave an interview on a venezuelan radio station on january 14? >> yes. >> you were asked in that interview what your relationship was with ivory madison? >> yes. >> you said that ivory madison was a friend? >> yes. >> you said that ivory madison was a neighbor? >> yes. >> and in that january 17 interview, you never referred to ivory madison as your lawyer? >> that is correct. >> now, after ms. wallace you got a new attorney, ms. canny? correct? >> yes. did you direct your attorney to go to the criminal court to try and keep the video from being used against your husband in his case? >> objection, that appears to infringe upon attorney-client communications. >> with the direction to an attorney, it's not a request

for legal advice. >> ms. canny, you're her attorney, i'll allow you to speak to it if you want to [inaudible] >> i think you're right, sustained. >> now, i >> i go think the privilege is waived if you look at page 23 of ms. lopez's declaration. and i should say paragraph 24 as well. >> what part of 24 are you relying upon? >> it says ross was not ever involved in my efforts to assert my right to retain the attorney-client privilege with my conversation with ivory as well as my dissemination of the control of the video.

perhaps i can explore -- >> that was -- i thought that was -- i thought you agreed to strike that. from the declaration. i don't think it's -- >> that's right. they objected. >> still a basis to claim waiver. >> we accepted it. >> it may >> id may not be in, but -- >> we are not going to do away with the attorney-client leverage. -- privilege. >> did you meet with your husband goes the first attorney? -- the husband's first attorney? >> we were all together, yes. >> your husband's first criminal attorney, robert wagner. >> objection, relevance.

dr. did you provide your husband's attorney with information about 53 madison? >> i can explain the relevance. >> and briefly. >> one of the claims has been that the sheriff, one of the act of the standard of decency was the way he treated the complaining witness. i am entitled, i think, to explore the attorneys that acted on his behalf. >> this will implicate all kinds of attorney-client privilege. dodge there is no attorney- client privilege. >> how does he know there is -- >> i will sustain the objecti ion. it is far removed from the foundation of the question.