Thank you, your Honor. People call Miss Kathleen Delaney.

All right. Is she available immediately outside?

I'm sorry, your Honor?

Is she immediately outside?

I believe so.

Kathleen Delaney, called as a witness by the People, was sworn and testified as follows:

All right. Good afternoon, Miss Delaney. Would you please raise your right hand and face the clerk, please.

You do solemnly swear that the testimony you may give in the cause now pending before this Court, shall be the truth, the whole truth and nothing but the truth, so help you God?

I do.

Please have a seat in the witness stand and state and spell your first and last names for the record.

Kathleen Delaney, k-a-t-h-l-e-e-n d-e-l-a-n-e-y.

Thank you.

Miss Clark.

Thank you.

DIRECT EXAMINATION BY Ms. CLARK

Miss Delaney, can you please tell us what you do for a living?

Yes. I'm an attorney for the Mirage Casino Hotel in Las Vegas, Nevada.

And as such, what are your specific duties?

Part of my duties include custodian of records for the hotel.

And in your capacity as custodian of records, are you familiar with the records maintained by the hotel and the manner in which they are prepared?

Yes, I am.

Did you bring with you some records reflecting whether someone by the name of Paula Barbieri checked into the Mirage Hotel on or about June the 12th, 1994?

I did.

Can you please retrieve the records that are relevant to this determination?

For the record, your Honor, counsel has received a copy of all records, and I only intend to mark those relevant.

All right.

You have I see in front of you a record that appears to be a computer printout?

That's correct.

May I approach?

Yes, you may.

And underneath that, I see that you have another record. Is that a duplicate?

That is a duplicate, yes.

That appears to have writing on it?

Yes. That would be my writing.

Your writing?

Uh-huh.

All right.

Your Honor, counsel has agreed we can show this on the elmo. We are going to block out the information relevant to other parties who probably would not appreciate the publicity.

With respect to this record, your Honor, ask that it be marked People's 404.

People's 404.

All right. It's showing on the screen right now, ma'am. And if you need to refer to your copy with the notes on it, please do so.

Okay. That would probably be easier.

Okay. Now, first of all, can you tell us whether this record is a record that is generated by the Mirage Hotel in normal course of business?

It is.

And is it compiled by employees under a duty to do so?

Yes, it is.

And is it also compiled at or near the time of the event, that is the check-in or the information is entered with respect to a party checking into the hotel?

Yes.

Can you tell us, ma'am, what is shown in terms of information concerning the check-in of Paula Barbieri to the Mirage Hotel on this form?

This particular screen is actually the reservations division, the reservations listing by name, which is one section or one division of our computer system. And with regard to this form, what it shows is that a reservation was made for the name Paula Barbieri. The reservation was made on June 11th, 1994, and then it contains information regarding how that reservation was guaranteed.

All right. If I may, your Honor, I'd like to highlight the area the witness is talking about since there are so many numbers on this.

All right. Ma'am, with respect to the name--I'm going to highlight. You tell me if I'm doing the right thing. Where I'm about to highlight, that's the name of the customer?

That's correct.

Or the name to whom the room will be registered?

That's correct. Uh-huh.

Is there an indication on this form as well when the reservation was made?

Yes. That would be, if you follow the line where the name appears all the way across, you will see a date portion, and it will say 6-11-94. There are no slashes dividing that date, but you should see that.

All right. And would that be right there (Indicating)?

That's correct. And you can see above it on the report where it indicates that, the date column.

I see. And that will be right here (Indicating)?

That's correct.

And I've highlighted those--

There should be a monitor right--there you go.

I'm sorry. Okay. That's easier.

Thank you, your Honor. And for the record, I've highlighted where the witness has guided me to and I guess the exhibits will be the best evidence of that.

Now, with respect to--then it was--that room was reserved for Paula Barbieri on June the 11th, 1994?

That's correct.

And there is an indication--I'm going to move it to the middle. It shows petite plan A. What's that?

That is one line that we have to give detailed information which the reservation clerk might feel is important regarding that reservation. Any information that can't fit on that line would then scroll on over to the comments screen which would appear on the check-out sheets. So this would have detailed information regarding the information that we would have been given at the time the reservation was made.

What does petite mean?

Petite would be one of our room types. It's a petite suite.

And then it says "Attention: Dorothy"?

Yes. Actually directly after petite, it says plan A. That's the rate plan at which the room was reserved and then rented at. The "Attention: Dorothy" is the designation. The reservation clerk always indicates the name of the travel agent if there is one who made the reservation. So that would be Dorothy, the travel agent. And just above her name, you will see the name Tzell Travel. That would be the company that made--that Dorothy works for.

And I see below Tzell Travel, it says "CC holder Michael" and then it goes down to "Bolton"?

Well, what this record does is, on this line, it says "CC," means credit card holder, "Michael." And then again, we only have the one line within this division, this reservations division of our records. Any comments--we have unlimited comment space--it would scroll down to the--to the remainder comments screens, which would be in the check-out division. And the name "Bolton" does appear on that particular record.

For the record, I've highlighted where it says "CC holder Michael," and then I'm going to highlight "Bolton" on the line below.

Have I done so correctly?

Yes. That's correct.

And what does that indicate?

That would indicate that per Dorothy with Tzell Travel, who spoke to our room reservations clerk, that that reservation was guaranteed by Michael Bolton, and there's a credit card number that would pertain to that reservation.

Are you aware of who Michael Bolton is?

Was he performing in Las Vegas at that time to the best of your knowledge?

I am not aware if he was performing, but I am aware that he was staying at the hotel.

At--

During that time. Uh-huh.

On--as of what? June the 11th or June the 12th?

As of June the 12th.

Now, over to the side where--the left-hand side of the page as you face it where it says "Comment," I see 6-11-94 and 15:55. Can you tell us what that means?

That would be the time that the reservation was taken. And I might indicate you're showing a person's name there on the--

Just realized that. I'm going to try and--I'm going to cover that up right now with my fingers and ask that Mr. Fairtlough hide that information. And I'm going to just highlight that. 15:55--I'm going to take this down now. But 15:55 on June the 11th indicates--

When the reservation was received.

And 15:55 is military time is it?

That's correct.

For what?

3:55.

I'm going to ask that Mr. Fairtlough be allowed to black out the name that goes to another customer.

It actually might be more accurate to say that that would be the time that the information was inputted into the system.

And would the information then have been given at or near the time of that input?

Absolutely. Immediately after.

So it would have been very near--almost--so the time of 3:55 on June the 11th would have been within minutes after having received the information, that is the reservation for Paula Barbieri?

The reservation clerk would have a headset, would be receiving the information and would be inputting it into the computer as it's being received. But, you know, in terms of all of the information that's contained here, some may be inputted after the call is terminated. But it would all be contemporaneous.

Now, can you tell us if you have records reflecting exactly when Paula Barbieri checked into the Mirage Hotel in Las Vegas?

Yes. I have another document which would be a guest registration card which was provided, and that would indicate the time of check-in.

All right. May I see it? Okay. I'm going to show it to counsel.

We also have in our check-out screen an indication of arrival and departure times, and they correspond.

And is that a separate record that you're referring to, ma'am?

That's correct.

Can you show us which one that is?

Yes. That would be (Indicating).

All right. Now, the record you've just shown myself and counsel appears to have a cut off. If I take this away, how are you going to be able to answer a question?

That's all right.

Sorry. Okay. With respect to the first bill I've just shown to Mr. Cochran, there appears to be a signature at the bottom?

That's correct.

And it's a little bit cut off. Can you tell us what happened to the lower right-hand corner?

It appears to be partially obscured. It would be a flaw in the--the process of putting it onto the microfiche. All of these records are maintained--kept and maintained on microfiche, and there would have been a flaw.

Now, there does appear to be a signature there.

Yes.

Does it appear to be most of the name Paula Barbieri?

That's it, and then it cuts off?

And then it cuts off.

Is there, however, also her printed name on this form?

Yes. Directly to the left of the signature and address block.

And does it reflect on this form what time she checked in?

Yes. It's just above and to the left of the name and address block, and it indicates 13:59 military time or 1:59.

Okay. So--

P.M.

--at 1:59 on June the 12th, she checked into the Mirage Hotel?

That's correct.

Pursuant to the reservation by Michael Bolton made the day before?

Correct.

Now, there appears to be a partial address underneath her signature?

Yes.

Okay. I'm going to block that out, but I would like to allow the ladies and the gentlemen of the jury to see this record. With--

With the agreement of counsel, I'm blocking out the address, your Honor. I've blocked it out. We're also going to put a piece of paper over it. Thank you, John.

All right. Then on this bill that indicates--now, once again, is this a--is this a record prepared by the Mirage Hotel in the normal course of business?

Yes, it is.

And is this record prepared by an employee under a duty to prepare such records?

That's correct.

And is it also prepared at or near the time of the event, that is of the check-in of the person that is indicated on the form?

Yes.

And can you tell us where on this form it's indicated what date Miss Barbieri checked in?

There is a box on the top line that has a heading "Arrival." And it indicates 6-12-94.

I'm going to remove this for a moment, your Honor. We have a credit card number indicated on it.

All right. Counsel, can we speed this up? I mean, is the issue the check-in and the check-out times?

Yes, your Honor. Almost done.

All right.

Okay. For the record, I've highlighted the date and time of arrival of June the 12th at 1:59 P.M. and I'm going to ask to leave this record with Mr. Fairtlough so he can block out the identifying information.

And is there an indication as to when she checked out? Do you have a record for that?

Yes. Again, a screen I mentioned a moment ago, the third of the three division screens in our tandem system is considered a check-out listing by name. We have that record. And that not only shows the arrival time, it shows the check-out, and it contains various other information including all comments made during that particular guest's stay.

And what record is that?

I would call it check-out listing by name. It's a check-out division printing, computer printing. And I handed it to you a moment ago. Should have it. It has other people's name on it again as did the prior document. Miss Barbieri's information is towards the bottom of that document.

All right. I'm folding it down now so that I can show--just reveal the information pertaining to Miss Barbieri.

There is one additional name below Miss Barbieri which you might want to block out.

I'll do that as well. I'm just going to fold it.

And that last record, your Honor, I ask that it be marked People's--

405.

Thank you.

All right. Your Honor, I have a--the record referred to by the witness, would like it to be marked People's 406 if I may.

I thought we just marked it. Proceed.

This is another record.

All right. Proceed.

Is this the folded version of the record you just referred to, ma'am?

Yes, it is.

And again, with respect to its preparation, is this prepared in the normal course of business at the Mirage Hotel?

Yes.

By people under a duty to do so?

Yes.

At or near the time of the events that are reflected in that document?

Yes.

And does this document reflect when Miss Barbieri checked out?

It does. As a matter of fact, you've partially folded I believe or maybe you just caught that--it should be at the very top right-hand side of the screen "Arrive," and then it has a 6-12-94, 13:59. Then just below it, "Depart 6-15-94 at 13:50--46" military time.

All right. We are zooming in on that now.

The times are to the right, yes.

And I'm going to highlight that for the record. So it reflects that Miss Barbieri checked in at 1:59 P.M. on June the 12th and checked out at 6:15--

Counsel, there's a number.

I'm going to take it down.

--and she checked out at--on June 15th at 1:46 P.M.?

Correct.

All right. Anything else?

Nothing further.