Tuesday, September 6, 2011
Ms. JA Rivera knows D and met him in 1999 at the Mayan Club in Los Angeles. JA Rivera used to go to the Mayan some weekends. JA Rivera has danced salsa from 1997. JA Rivera hadn’t heard of D prior to meeting him (reputation, TV, etc.) JA Rivera met D again at another occasion. D invited JA Rivera to his house. It was a Saturday night. They had talked on the phone and had planned to go to D’s house and then the Mayan Club. JA Rivera remembers this house as being located in Van Nuys. D had provided directions. JA Rivera met D at more than one place. The other location was in North Hollywood close to Universal Studios. D invited JA Rivera to this house sometime after 2000. The last time JA Rivera visited D at his place of residence was in 2009. JA Rivera was D’s friend for 11-12 years.
The first time JA Rivera went to D’s house she left her things at the house then went to the Mayan with D. She spent two nights at D’s house alone. They “had intimacy” / sexual intercourse on the first night. After the first night JA Rivera slept over, she and D went to thrift stores. They went to get trees. The next night JA Rivera slept with D but did not have sex with him. JA Rivera didn’t want to have sex the second time because it was “too fast”: “It wasn’t who I was…didn’t want to keep it going like that so said no.” D hugged JA Rivera and they slept in the same bed. JA Rivera said, “No” to this presumed sexual advance and they both fell asleep. There was no back and forth discussion. D respected her “no” response to his physical advances. She remembers falling asleep in the spooning position. D didn’t force, didn’t touch, didn’t force JA Rivera to have sex with him in any way.
The second occasion JA Rivera met up with D was after going to the Mayan Club. JA Rivera spent several other nights at D’s house. She spent the night at the Van Nuys residence twice and the North Hollywood residence possibly three times. The second time at the Van Nuys home happened months after first encounter. They slept in separate rooms. D didn’t make an advance and JA Rivera didn’t say anything. Students came over during the day but on all occasions at night she was alone with D.
JA Rivera used to go on Sundays to help D teach but can’t remember if she stayed over or went back to San Diego on this specific date in question.
When they were in separate rooms, D never tried to come in. At the North Hollywood house, JA Rivera slept over on more than two occasions. The first time, D held her from her waist and JA Rivera said, “No.”
The last time JA Rivera was at D’s house was January 1st of 2008 or 2009. JA Rivera went to D’s house with her son. The son was downstairs watching TV. D held her waist and JA Rivera said, “No, I’m not the same girl anymore. I am in church now serving God.” When D held her waist, JA Rivera remembers maybe some hugging and kissing. JA Rivera presumed D wanted to make-out. The last time JA Rivera saw D before today was at the studio D taught at. She went to the class with her husband who was teaching with his son.
JA Rivera never saw alcohol or drugs at D’s home: “That’s why I kept going, D is not a drinker.”
[No cross-examination by Prosecution.]