>> 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. >> at any time during the defense of your husband's criminal case did you meet with people that were not attorneys and provide them with information about ivory madison? >> objection, relevance. >> overruled.

>> what's the question? >> during the defense of her husband's criminal case, did you meet with people that were not attorneys and give them information about ivory madison? >> [inaudible] >> use a communications with non-attorneys are going to be covered by attorney-client privilege? >> i can explain, if you want. >> i can rephrase the question. >> is that right? thank you for working that out. >> during the defense of your

husband's criminal case, did you give information about ivory madison to political consultants? did you give information about 53 madison to political consultants? >> i will interpose a relevance objection to this entire line of questioning. whatever this witness did, it doesn't have any relevance to the inquiry. >> i presume that when you say that you will be able to tie it to the sheriff. >> i think the legitimate inference can be drawn given the attorney client privilege. i can't explore whether there were conversations that went from person to attorney or a journey to a person, but i can't argue the inference if i

established these facts. >> let's see what the answer is. but we are about to cut you off. >> i am close to being finished. >> you want to know if i talk with the consultants, if i gave the information? >> about ivory madison to your husband's political consultants during the defense of this criminal case? >> i was always talking with my attorney. are you referring to gm? -- jim? >> the witness may have a hard time understanding. >> i don't know which consulting. >> any of them. >> we don't have money even

during the campaign. >> are you saying no? >> yeah, no. >> miss lopez, there is still a stay away order? >> objection, relevance. >> sustained. >> do you intend to testify against your husband before you go back to venezuela? >> objection. >> sustained. >> may i make a suggestion? we need a break, but i will suggest and maybe you will think about it. the commission may have some questions.

after the commissioners have gotten their answers, that might be more efficient. >> as long as i get to do re- cross after the redirect, that's fine. >> what do the commissioners think? do you need a break? how much longer can you go before a break? >> i think all of us are in the same situation. i am open to whatever is better for all of you. >> let's take a break. can we be back at 7:15?

7:20. thank you. >> we are back in session. but we are missing our witness.

>> council, while we're waiting, my plan for the rest of the evening is if we finish ms. lopez, go to the floor as testimony, the rebuttal exhibits, levon declaration, the chair's request for testimony, and want to talk to you about what findings and a brief that we would like in advance of august 16. >> you understand you're still under oath? >> yes. >> edison for the interpreter. >> good evening, miss lopez. have you had a chance to lead --

or read the declaration that ivory madison submitted for these proceedings? >> yes. >> did you see what she said about the conversation that the to have you had on january 1? >> yes. >> are the things that she said you said during that conversation accurate? are they true? >> no. there is some misunderstanding. >> you remember where she wrote in the declaration that you told her that after you and ross return to your house, inside the apartment, he was pushing and remember that? >> yes.

>> you already testified that when you were grabbed the one time in the car, you had a >> yes. >> if he was pushing and pulling and grabbing you, wouldn't you have had a few more bruises? >> objection, argumentative. >> overruled. >> i am sure because i bruce really easily. but i get bruised. >> did he ever push or pull or grab you inside your house that day? >> not that day, and never. >>