Thursday, March 24, 1977
December 2002, the grand jury testimony of Samantha Jane Gailey (married Geimer), the American victim of Polanski, was unsealed by Los Angeles Superior Court Judge David Wesley. Four months later, on the 23th of March 2003, the 2002 Academy Awards were presented at the Kodak Theatre. That’s the transcription of the testimony:
MR. GUNSON Samantha Gailey.
THE SERGEANT-AT-ARMS: Come in and face the foreman, please.
SAMANTHA JANE GAILEY,
called as a witness before the Los Angeles County Grand Jury, was duly sworn as follows:
THE FOREMAN: Miss Galley, would you raise your right hand, please.
You do solemnly swear that the evidence you shall give in this matter now pending before the grand jury of the County of Los Angeles shall be the truth, the whole truth, and nothing but the truth, so help you God?
THE WITNESS: Yeah.
THE FOREMAN: Thank you. Please be seated.
State your full name and speak directly into the microphone so everyone can hear you, please.
THE WITNESS: Now? Samantha Jane Gailey.
EXAMINATION
by MR. GUNSON:
Q. Samantha Gailey, how old are you?
A. 13.
Q. You reside with your mother and your sister at a residence in Woodland Hills?
A. Yeah.
Q. Would you please answer yes or no.
A. Yes.
Q. On February 13, 1977, did you meet Mr. Roman Polanski at your residence?
A. Yes.
Q. Looking at this exhibit n.º 1 do you recognize the person depicted in that photograph?
A. Yeah, that’s Roman Polanski.
Q. Did Mr. Polanski at any time indicate to you that he wished to photograph you?
A. Yes.
Q. And when was that?
A. On the 13th of February.
Q. What did he say to you that indicated to you he had an interest in photographing you?
A. He showed me a Vogue Magazine that he had done and he said, “Would you like me to take your pictures?”
And I went, “Yes.”
Q. You answered “Yes”?
A. Uh-huh.
Q. Would you please answer yes or no.
A. Yes.
Q. On February 20th did you go with Mr. Polanski to have him take pictures of you?
A. Yes.
Q. Did you meet him in your residence on that day before leaving?
A. Yes.
Q. And what happened?
A. He came in, picked out same clothes and we just went up the hill.
Q. What clothes did he pick out?
A. I was wearing a pair of blue jeans and he took a white shirt and a patchwork blouse.
Q. Did you drive somewhere with Mr. Polanski?
A. Just about a block up to the end of our street.
Q. At any time did Mr. Polanski indicate to you the type of photographs that he wished to take of you?
A. No.
Q. After getting out of the car, what did you do?
A. We climbed up to the top of the hill.
Q. What happened then?
A. We weren’t exactly at the top but he took some pictures about halfway up. And then we just —we took more, another two rolls.
Q. What do you mean by “We took more”?
A. He took more. I posed for them.
Q. Did Mr. Polanski had a camera in his hand?
A. Yeah.
Q. Did you pose for him?
A. Yes.
Q. Did you pose at his direction?
A. Yes.
Q. What were the directions he gave you in posing?
A. Things like, you know, “Put on this shirt and don’t smile», you know.
Q. Did you change shirts?
A. Yes.
Q. Where did you change?
A. On the hill.
Q. Was that in view of Mr. Polanski?
A. Yes.
Q. What happened after you changed shirts?
A. We climbed up farther on the hill.
Q. What happened then?
A. We took some pictures by this tree.
Q. Approximately how many pictures did you take then?
A. I think he changed his camera film before we went up farther, before we got to that tree.
Q. So you think that he shot part of two rolls?
A. He shot two whole rolls.
Q. At any time did you pose without a top?
A. Yes.
Q. At that time were you wearing a bra?
A. No.
Q. So you were bare from the waist up?
A. Yes.
Q. Was that at his request or did you volunteer to do that?
A. That was at his request.
Q. What did Mr. Polanski say with respect to posing without anything on your top?
A. He said. “Here take off your top now”.
And I thought they were for, you know, the shots that you got so you don’t have anything on your shoulders.
Q. So what did you do?
A. I took off my shirt. I was standing close to a tree, the same tree.
Q. When you returned home, did you tell your mother that he had taken photographs of you without a top?
A. No.
Q. What was the reason that you did not tell your mother?
A. I wasn’t sure if I was going to or not. I was just going to say I don’t want to get any more pictures taken again.
Q. Whom were you going to tell that to?
A. My mom.
Q. Did Mr. Polanski return other day?
A. Yeah.
Q. Was that March 10th?
A. Yes.
Q. Was that to have some more photographs taken of you?
A. Yes.
Q. And that was by Mr. Polanski?
A. Yes.
Q. Looking at exhibit n.º 10, 18 slides, do these appear to be some of the slides that Mr. Polanski took of you on the 20th of February?
A. Yes. This is not all of them though. This was full before.
Q. Have you seen that box before?
A. Yes. It didn’t have this on it though. It was a different box.
Q. When you say “this”, are you referring to a label identifying it?
A. Yeah, uh-huh. But this was full before when I saw them.
Q. So it had approximately 36 slides it in?
A. I guess, yes.
Q. Did you look at all 36 of them at one time?
A. Yes.
Q. When was that?
A. That was in the car on the way to get my pictures taken again.
Q. Looking at exhibit n.º 1 containing two proof sheets, one with three exposures another with 35 exposures, do those appear to be poses that you made for Mr. Polanski on the 20th of February on the hill behind your residence?
A. Yeah, these are the pictures.
Q. Have you seen those before today?
A. Yes, I saw the slides of them.
Q. Have you ever seen the proof sheets before today?
A. No.
Q. When Mr. Polanski came on the 10th of 1977 to your residence, what if anything, did he say to you?
A. He was in a rush. He didn’t –
Q. What do you mean he was in a rush?
A. He went, “Let’s go. All the light is going down. Hurry up. Get your clothes.”
And I was going to say to him, “Can my friend come along”, but I didn’t because he was rushing me.
Q. And so did you leave with Mr. Polanski?
A. Yes.
Q. Did he indicate to you where he was going to go?
A. He said to his friend’s house.
Q. Did he say his friend’s name?
A. No.
Q. Did he indicate to you whereabouts that friend lived?
A. Not to me.
Q. Did you go to some house?
A. Yes.
Q. Do you know approximately where that house was?
A. I could find it. It is on the same road as Jack Nicholson’s house, just up farther.
Q. At any time did he indicate to you who lived at that residence?
A. I think he told me the person’s name when we got there. He introduced me to him. I don’t remember though.
Q. How many people were at that residence?
A. There was three guys and two girls.
Q. Did Mr. Polanski take pictures of you at that residence?
A. Yes.
Q. What were you wearing at the time that these photographs were taken of you at the first residence?
A. A white blouse and a pair of jeans.
Q. Is that white blouse and pair of jeans something that you had worn on February the 20th?
A. No.
Q. This was something different?
A. Yes.
Q. When you went on March 10th, what other clothes did you take other than the white top and the jeans?
A. I took a T-shirt and a Rugby shirt and I think another white – yeah, another white shirt.
Q. When you left on March 10th, what were you wearing?
A. I was wearing my jeans and I don’t remember what top I had on.
Q. Were you wearing a bra?
A. No.
Q. Were you wearing panties?
A. Yes.
Q. Do you remember what color those were?
A. Kind of rust or copper.
Q. Looking at People’s exhibit 4 for identification, does this appear to be the panties that you were wearing?
A. Yeah, yes.
Q. Looking at exhibit n.º 5, a dress, have you seen this dress before?
A. Yes, I was wearing it later on.
Q. Excuse me. Exhibit 3.
A. Yes, that’s the dress.
Q. Was this dress also taken from your residence on the 10th of March?
A. Yes.
Q. Did Mr. Polanski select the clothes that you took?
A. Yes.
Q. Was the dress one of the items that he selected to take?
A. Yes.
Q. How long were you at this residence talking photographs?
A. We were there about an hour, I think.
Q. Was there a conversation between you and Mr. Polanski about going to another residence?
A. When the light got too dim he said: “I’m going to call up Jack Nicholson and see if we can go down to his house.
Q. Did you see Mr. Polanski make a telephone call?
A. Yes.
Q. Did you overhear Mr. Polanski talking on the telephone?
A. Yes.
Q. Where were you when you overheard him speaking on the telephone?
A. I was standing about five feet away from him looking at some paintings.
Q. Was that in the same room?
A. Yes.
Q. What did you hear Mr. Polanski say?
A. I wasn’t really listening but he said something to the effect of “Can I come down and take same pictures?”
And then hung up and we left.
Q. Approximately how far did you drive?
A. We drove for about five minutes.
Q. Was this in Los Angeles County?
A. Yes, I think. I don’t know.
Q. Do you know approximately what area it was?
A. No.
Q. Do you know the name of the street?
A. No. Oh, wait. Mulholland.
Q. Did you know the address?
A. No.
Q. After being at the first residence, you drove to a second residence?
A. Yes.
Q. Did Mr. Polanski say anything about the residence when he drove up?
A. Say anything about it?
Q. Yes.
A. No, just that this is Roman Polanski’s – I mean, this is Jack Nicholson’s house.
And he pressed the button and someone goes: “Is this Roman?”
And he went, “Yeah.” And the gate opened.
Q. When you said someone said “Is this Roman”, did you see any persons around at that time?
A. No. It was through the intercom.
Q. When the gate opened up, what happened?
A. He drove in and we drove down to the house.
Q. Did you see any persons within the yard when you were driving to the house?
A. Yeah, a woman with black hair and she had two dogs.
Q. Do you know who that woman is?
A. No.
Q. Did you see that woman at later time?
A. She went in the house with us for about 15 minutes, but not after that.
Q. When Mr. Polanski parked the car, you got out of that car?
A. Yes.
Q. And you entered the residence with Mr. Polanski?
A. Yes.
Q. Where did you go inside the house?
A. We went to the sliding doors to go out to the patio. Like he was in the living room that he did his camera.
He put the lenses and stuff.
Q. Before doing that, did you have a conversation with Mr. Polanski and this woman that you met there?
A. No. They were talking. I was just sitting there looking around.
Q. Where did this conversation take place?
A.. In the living room right by the patio doors.
Q. What was the conversation at that time?
A. They were talking about the last time he had stayed at Jack Nicholson’s house, and that she was fixing up a room for the next time he came to stay for a while.
Q. At any time did Mr. Polanski offer you something to drink?
A. Yes. I think I said I was thirsty. And he went in the kitchen and this refrigerator~ it was full of juice and wine and soda and all this stuff. And he got out-- he got a bottle of champagne. And he said, ‘Should I open it?”
And I went, “I don’t care,” you know.
And so he asked the woman if it was all right. and she said it was.
Q. So did he open the bottle of champagne?
A. Yes.
Q. Do you know what kind of champagne it was?
A. It was 1971 something.
Q. What happened after he opened the bottle of champagne?
A. He poured three glasses, one for each of us.
Q. Did Mr. Polanski drink his glass of wine?
A. Yes.
Q. Excuse me, his champagne?
A. Yes.
Q. Did the lady who was also present drink any champagne?
A. She drank about half of her glass.
Q. Did you drink any champagne?
A. Yes.
Q. How much did you drink?
A. I don’t know. I had been finishing my glass and I was using it to pose in the pictures with. So I have no idea how much I drank.
Q. So after you had the drink of champagne, you went and took pictures?
A. Yes.
Q. Whereabouts did you go to take pictures?
A. To the corner of the patio by the pool.
Q. Was this inside or outside?
A. Outside.
Q. What were you wearing at the time that you arrived at the Nicholson residence?
A. The same blouse I wore for the pictures.
Q. Is that what you were wearing when you went out to the patio to take the pictures?
A. Yes.
Q. You had not changed at that time?
A. No.
Q. Did Mr. Polanski take pictures?
A. Yes.
Q. At that time did you have a glass in your hand?
A. No.
Q. Well, what type of poses did he request of you, if any?
A. He didn’t request any. I was just standing there.
Q. Did you see the lady that was there when you first arrived?
A. Yes.
Q. Was she out watching Mr. Polanski take the pictures?
A. No, she had left. She left just as he started taking pictures.
Q. Do you know where she went?
A. To work.
Q. How do you know that?
A. She said that she had to work, you know, and left.
Q. To your knowledge, were there any other person at the Nicholson residence after she left?
A. No.
Q. After taking pictures in the patio area, what happened?
A. We went inside and he started playing with his camera again. I think he changed lenses or something. And then we took some more pictures right inside the patio door.
Q. Was that wearing the same outfit that you had on when you arrived, the blue jeans and the blouse?
A. No.
Q. Pardon me?
A. No.
Q. Had you changed?
A. No. I didn’t have a shirt on. I was standing behind a lamp.
Q. Did you take your shirt off or did Mr. Polanski?
A. No, I did.
Q. Was that at his request or did you volunteer to do that?
A. That was at his request.
Q. Did you pose –
A. Yes.
Q. – at that time?
A. Yes.
Q. Did he direct you in any poses at that time?
A. Yes.
Q. What did he ask you to do, if anything?
A. He was saying things like, “Hold the champagne glass this way. Look this way.”
Q. After taking those photographs, what happened?
A. He went to show me this jacuzzi that Jack Nicholson has.
Q. Where is the jacuzzi located?
A. Outside the bathroom door.
Q. Looking at exhibit 12, does this appear to be the jacuzzi that Mr. Polanski showed you at the Nicholson residence?
A. Yes.
Q. What happened after he showed you the jacuzzi?
A. He said, “I want to take some pictures of you in this”.
Q. In what?
A. In the jacuzzi. He wanted to take some pictures in that.
Q. Did you have your top off at that time?
A. No, I had put it back on.
Q. Had you changed clothes?
A. Yes. I had hanged into the blue dress.
Q. At what point did you change into the blue dress?
A. Right after he was done taking my pictures by the lamp.
Q. Where did you change into the blue dress?
A. I think in the living room.
Q. Where was Mr. Polanski when you changed into the blue dress?
A. I’m not sure. I think he walked in the other room to do something.
Q. So you went out to the jacuzzi in your dress?
A. Yes.
Q. Did you have any pictures taken of you at that time?
A. Right before we went out to see the jacuzzi he had taken a few pictures in the kitchen.
Q. Was that with the dress on?
A. Yes.
Q. So when you went out to the jacuzzi you had on the blue dress?
A. Yes.
Q. What happened out there after he indicated he wished to take pictures of you in the jacuzzi?
A. We went inside and called my mother.
Q. When you say “we called”, did you call or did Mr. Polanski call?
A. He told me to and I talked and then he talked and then I talked again.
Q. What did you tell your mother?
A. She goes, “Are you all right?”
I went, “Uh-huh”.
And she says, “Do you want me to come pick you up?”
And I went, “No.’
And he said that we’d be home kind of late because it had already gotten dark out.
Q, When you said “he said,” did he tell you or did you hear him tell your mother on the phone?
A. He told my mother.
Q. Did he tell your mother any other things?
A. Not that I was listening to.
Q, After talking to your mother on the telephone, what happened?
A. We went out and I got in the jacuzzi.
Q. So you went outside--
A. No, wait. We went into the bathroom before and he took this little yellow thing. I don’t know what it was. It was some kind of container. And he had -- he walked in before me. When I walked in he had the container. And he had a pill broken in three parts.
And he said, “Is this a Quaalude?”
And I went, “Yes”.
And he says. “Oh, do you think I will be able to drive if I take it?”
And I went, “I don’t know,” you know.
He says, “Well, should I take it?”
I went, “I don’t know.”
He goes, “Well, I guess I will,” and. he took it. And he says: “Do you want part?” And I went, “No”.
And he says – oh, at that time I went, “Okay,” because – I don’t know.
Q. Why did you take it?
A. I don’t know. I think I must have been pretty drunk or else I wouldn’t have.
Q. Before you took the part of the tablet, had you had more champagne than you have testified to?
A. I told you I didn’t know how much because I was drinking some of his, too. I just kept – I just kept drinking it for pictures and, you know.
Q. The poses that you made were with the champagne your hand?
A. Yes.
Q. And was there champagne in the glass when your picture was taken?
A. Yes.
Q. While the pictures were being taken, were you drinking champagne?
A. Yes.
Q. Looking at exhibit n.º 7, does that appear to be the item that Mr. Polanski produced a pill from?
A. No.
Q. Would you please describe that again.
A. It was shaped like a rectangle. It was about one inch by maybe two inches. It was yellow and it was clear. And it looked like it was made especially for keeping something in, but I didn’t know what.
Q. What did you see Mr. Polanski do with that container?
A. I don’t know. He had it on the counter when I came in. And I think I turned around or something or walked away or something and I didn’t really notice what he did with it after that.
Q. Could you see whether it contained other tablets?
A. It was empty.
Q. When you saw it was empty, was that before or after he showed you the tablet?
A. It was empty. All it had in it was the quaalude and he poured it out so it didn’t have anything else in it.
Q. When he asked you if it was a quaalude you answered “Yes”?
A. Yes.
Q. Had you seen quaaludes before then’?
A. Yes.
Q. On what occasion?
A. I have seen pictures of them and they’re on the shirts, and once I found one.
Q. How old were you then?
A. I was, I think, 11 or 10, I’m not sure.
Q. What did you do with them?
A. I broke it and I took part of it.
Q. Looking at exhibit No. 6 marked for identification is that similar to the tablet that Mr. Polanski produced?
A. Yes.
Q. What did that say on it?
A. That one or the one Mr. Polanski had?
Q. The one Mr. Polanski –
A. It said Rorer 714.
Q. Pardon?
A. Rorer 714.
Q. You knew that to be a quaalude?
A. Yes.
Q. Was that one solid quaalude tablet or not?
A. It was already broken. It looked like it was a whole one. Thick three pieces put to make the whole one.
Q. Did Mr. Polanski take part of one?
A. Yes.
Q. What did he do with it?
A. He swallowed it with his champagne.
Q. Did you see what he did with the others?
A. No.
Q. Did you take a quaalude?
A. I took part of it.
Q. Where did you get this part?
A. He gave it to me.
Q. Where did he take this quaalude from?
A. The yellow container.
Q. How much of the tablet did he give you?
A. It was a little less than half.
Q. How did you take that tablet?
A. I took it with a swallow of champagne.
Q. What happened after you took the tablet?
A. I went into the kitchen, and I don’t know why, but I thought if I ate -- I realized I was drinking and then I took that. And I then really got upset at myself so I started eating.
Q. Where did you find that?
A. It was in the kitchen on a dish. He was changing film or something in another room.
Q. Looking at exhibit 9—B, the photographs, do those appear to be the poses that you made before Mr. Polanski aid his camera when you had on the blue dress?
A. Yeah, these are the ones.
Q. After eating in the kitchen, what did you do?
A. He called my name and I went out and got in the jacuzzi.
Q. When you got in the Jacuzzi, what were you wearing?
A. I was going to wear my underwear, but he said for me to take them off.
Q. When you came out of the house into the area of the pool, what were you wearing?
A. I had on my underwear.
Q. When you say your underwear, are you referring to panties marked exhibit No. 5?
A. Yes.
Q. Excuse me, exhibit No. 4. Are these panties that you previously identified?
A. Yes.
Q. What time did you take off your dress?
A. I took it off the bathroom right before I went out to get in the jacuzzi.
Q. Why did you take off your dress?
A. Because I didn’t want to get in the jacuzzi in it. I just figured I will take it off to get in.
Q. Did you take off your panties?
A. No.
Q. Did you get unto the jacuzzi with your panties?
A. No.
Q. Then you took them off at some time?
A. Yeah.
Q. When did you take them off?
A. I had gone outside. I was ready to get in and he said, “Take off your underwear”.
So I did and then I got in.
Q. What happened when you got in the jacuzzi?
A. He took some pictures.
Q. At that time did you have a glass in your hand?
A. Yes.
Q. Was there champagne in the glass?
A. Yes.
Q. Did you drink some of the champagne while you were in the jacuzzi?
A. I don’t think so.
Q. Do you know approximately how many pictures Mr. Polanski. took when you were in the jacuzzi?
A. Not very many.
Q. Did he indicate to you how you should pose when ‘he was taking these pictures?
A. No.
Q. What did you do when you were in the jacuzzi?
A. I was just standing there looking at him. He only took a few pictures. He said there was enough light.
Q. At some time did he stop taking photographs of you in the jacuzzi?
A. Yes.
Q. What did he do after that?
A. He said that he was going to get in.
Q. What did you see him do?
A. He went in the bathroom and he came out and got in.
Q. When he came out was he wearing anything?
A. No.
Q. Before he went in was he wearing anything?
A. Yes.
Q. What was he wearing?
A. His normal clothes.
Q. Do you remember what he was wearing?
A. A pair of tan pants and some kind of sweater.
Q. What did Mr. Polanski do when he got into the Jacuzzi?
A. He got in and he went down to the deepest part of it.
Q. What did you do?
A. I went up to the other end of it.
Q. What happened then?
A. He goes, “Come down here”.
And I said, “No. No, I got to get out”.
And he goes, “No, come down here”.
And then I said that I had asthma and that I had to get out because of the warm air and the cold air or something like that.
And he said, “Just come down here a second”.
So I finally went down. And then he went -- there was a lot of the jacuzzi jets. He goes. “Doesn’t it feel better down here?”
And he was like holding me up because it is almost over my head. And I went, “Yeah, but I better get out.”
So I got out.
Q. When you say that he was holding you, how was he holding you?
A. He had his hands on my sides like right around here and he was.
Q. Around your waist?
A. Yes. Then he started to move them around and I just got out.
Q. Did you have asthma?
A. No.
Q. Have you ever had asthma?
A. No.
Q. Why did you tell him you had asthma?
A. Because I wanted to get out.
Q. Did you get out of the jacuzzi?
A. Yes.
Q. What did you do when you got out of the jacuzzi?
A. I got out and I put on a towel.
Q. Where did you get the towel?
A. It was laying outside.
Q. What did you do when you got the towel?
A. What?
Q. What did you do when you got the towel?
A. I got the towel. I just picked it up and put it on. He went in the large pool then.
Q. Is there a pool in addition to the jacuzzi as shown in exhibit n.º 12?
A. Yes.
Q. What happened then?
A. He goes —- I walked over and he goes, ”Get in here”.
And I went, “No, it’s okay. It’s too cold.”
And he says. “No, it’s warm”.
And I put my foot in (the water) and I went, “No, I don’t want to go in.”
And he goes, “No, just get in”.
So I dove in one end and just swam the whole way down through and just got out
the other end.
Q. What did you do then?
A. I went into the bathroom and started drying off.
Q. Did you see Mr. Polanski then?
A. Yes, he came into the bathroom.
Q. What happened at that time?
A. He asked me if I was all right, if my asthma was bad.
Q. What did you say?
A. I said that I wanted to go home because I needed to take my medicine.
Q. What did Mr. Polanski say?
A. He said, “Yeah. I’ll take you home soon.”
Q. What did you do?
A. I told him -- I said that I wanted to get -- I wanted to go home.
I said “No, I have to go home now.”
Q. What did Mr. Polanski say?
A. He told me to go in the other room and lie down.
Q. When he said “in the other room,” was there an adjoining room to the bathroom?
A. No, it was at the end of the hall. He went outside the bathroom. It was right a few feet away.
Q. What kind of room is that?
A. I’m not sure. There’s no light on in it. And it looked like a master bedroom, It had a bed and a couch and a TV.
Q. What did you do when he said: “Let’s go in the other room”?
A. I was going, “No, I think I better go home”, because I was afraid. So I just went and I sat down on the couch.
Q. What were you afraid of?
A. Him.
Q. And so you went in the other room and sat down on the couch?
A. Yes.
Q. What were you wearing at that time?
A. My underwear and a towel.
Q. At some time had you put on your panties?
A. Yes, I did that right away when I got into the bathroom?.
Q. What happened when you sat down on the couch?
A. He sat down beside me and asked me if I was okay.
Q. What did you say, if anything?
A. I said, “No”.
Q. What did he say?
A. He goes, “”Well, you’ll be better”.
And I go, “No, I won’t. I have to go home”.
Q. What happened then?
A. He reached over and he kissed me. And I was telling him, “No”, you know, “keep away.”
But I was kind of afraid of him because there was no one else there.
Q. After he kissed you did he say anything?
A. No.
Q. Did you say anything?
A. No, besides I was just going, “No. Come on, let’s go home”.
Q. What was said after you indicated that you wanted to go home when you were sitting in the couch?
A. He said, “I’ll take you home soon”.
Q. Then what happened?
A. And then he went down and he started performing cuddliness.
Q. What does that mean?
A. It means he went down on me or he placed his mouth on my vagina?
Q. Where were you when he did that?
A. Was sitting in the couch.
Q. At any time did he say anything before he put his mouth on your vagina?
A. No.
Q. What did he do when he placed his mouth on your vagina?
A- He was just like licking and I don’t know. I was ready to cry. I was kind of – I was going, “no. Come on. Stop it.” But I was afraid.
Q. And what he said, if anything?
A. He wasn’t saying anything that I can remember.
He was – sometimes he was saying stuff, but I was just blocking him out, you know.
Q. At this time what was your state of sobriety, if you know?
A. What’s that mean?
Q. Have you been drunk before?
A. Yes.
Q. Was that from drinking alcohol?
A. Yes.
Q. Have you ever been under the influence of quaalude?
A. No.-’- oh, yeah, that once when I was real little.
Q. Have you ever been under the influence of quaalude and alcohol before March the 10th?
A. Before March 10th?
Q. Yes, of this year.
A. Yes.
Q. When was that?
A. Not both at the same time.
Q. Pardon?
A. Not both at the same time.
Q. At the same time before March 10th were you under the influence of quaalude and alcohol?
A. No.
Q. Did you feel that you were under the influence on this day, March 10th?
A. Yes.
Q. And that’s when you were sitting on the couch?
A. Yes.
Q. Why do you believe that you were under the influence at that time?
A. I can barely remember anything that happened.
Q. Is there any other reason?
A. No. I was kind of dizzy, you know like things were kind of blurry sometimes. I was having trouble with my coordination like walking and stuff.
Q. How long did Mr. Polanski have his mouth on your vagina?
A. A few minutes.
Q. What happened after that?
A. He started to have intercourse with me.
Q. What do you mean by intercourse?
A. He placed his penis in my vagina.
Q. What did you say, if anything, before be did that?
A. I was mostly just on and off saying, “No, stop.”
But I wasn’t fighting really because I, you know, there was no one else there and I had no place to go.
Q. What did he say if anything?
A. He didn’t answer me when I said “No”.
I think he was --he was saying something, but I wasn’t listening to him and I can’t remember.
Q. At this time were your panties off?
A. Yes.
Q. How were you panties taken off?
A. He had taken them off.
Q. When was that?
A. After he kissed me he got a hold of them and he pulled them off.
Q. At any time did he ask you when your period was?
A. Yes.
Q. When was that?
A. While he was having intercourse with me.
Q. Did he ask you about being on the pill?
A. Yes.
Q. When did he say that?
A. At the same time.
Q. What did he say?
A. He asked, he goes, “Are you on the pill?”
And I went, ‘No.”
And he goes, “When did you last have your period?”
And I said, “I don’t know. A week or two, I’m not sure”.
Q. And what did he say?
A. He goes, “Come on. You have to remember.”
And I told him I didn’t.
Q. Did he say anything after that?
A. Yes. He goes, “Would you want me to go in through your back?”
And I went, “No”.
Q. Did he say anything else?
A. No.
Q. How long did he have his penis in your vagina?
A. I can t remember how long, but not a very long time.
Q. Had you had sexual intercourse with anyone before March 10th?
A. Yes.
Q. Approximately how many times?
A. Twice.
Q. How did you know that he had his penis in your vagina?
A. I could tell. I could feel it.
Q. What happened after he says “Do you want me to – “was it go through the back?
A. Yes.
Q. What happened then?
A. I think he said something like right after I said I was not on the pill, right before he said, “Oh, I won’t come inside of you then”.
And I just went-- and he goes -- and then he put me – wait. Then he lifted up my legs farther and he went in through my anus.
Q. When you say he went in your anus, what do you mean by that?
A. He put his penis in my butt.
Q. Did he say anything at that time?
A. No.
Q. Did you resist at that time?
A. A little bit, but not really because --(pause)
Q. Because what?
A. Because I was afraid of him.
Q. At any time did you become aware that there was another person or persons in the residence?
A. Yes. Right after that a woman knocked on the door and she goes, “Roman, are you in there?”
And he went, “Yes. I just got out of the jacuzzi and I’m getting dressed».
Q. At that time what was happening?
A. He had walked up to the door and kind of opened it up a crack and talked to her. And I got up and put on my underwear and started walking towards the door.
Q. What happened then?
A. He sat me back down again.
Q. What happened then?
A. Then he started to have intercourse with me again and then he just stopped.
Q. Do you know what climax is?
A. Yes.
Q. Do you know whether he had a climax?
A. Yes.
Q. And how do you know that?
A. Because I could kind of feel it and it was in my underwear. It was in my underwear. It was on my butt and stuff.
Q. When you say that, you believe that he climaxed in your anus?
A. Yes.
Q. What does climax mean?
A. That his semen came out.
Q. Do you know what semen is?
A. Yes.
Q. Did you see some semen or feel some semen?
A. I felt it.
Q. Where did you feel it?
A. I felt it on the back of my behind and in my underwear when I put them on.
Q. When you were in the room and you heard the knock on the door, did you say anything at that time?
A. No. I just got up and got my underwear on
Q. Why didn’t you say something at that time?
A. I was still pretty much afraid of him. I didn’t – even though there was someone else there. I didn’t know what to say.
I had gotten up. I thought that I could just leave then and go home and say something, you know, because he was the only way I had to get home.
Q. At what point did you put on your panties after he had placed his penis in your anus?
A. That I put them back on?
Q. Yes.
A. As soon as he got up to answer the door.
Q. Then at what time what else did you do?
A. I just got up and started walking towards the door.
Q, Is that when he took you again?
A. Uh-huh.
Q. And what happened to the panties at that time?
A. Took them back off.
Q. Did you put them back on after he had sexual intercourse with you for the second time?
A. Yes.
Q. When he let you up, what did you do?
A. I walked into the bathroom and I put on my dress, and combed my hair and I walked -- I sort of was walking out and he said, “Now, wait for me, “but I didn’t. I went out. I got my clothes and there was -- that woman on the phone. And I said hello to her and I just went out and sat in the car.
Q. Looking at exhibit No. 2, a black-and-white photograph of a female, have you seen the person depicted in exhibit 2 before today?
A. That was the woman that was there.
Q. That is the woman that was on the phone when you walked out to leave?
A. Yes.
Q. What did you say to her?
A. She just --I was -- there’s a divider kind of in the living room. And she heard me make a noise and she goes, “Hello”.
And I stuck my head around there and I said, ”Hi” .
And she said ‘Are you the girl Roman is taking pictures of?”
And I said ‘Yes,’ and I just walked out to the car.
Q. When you said you were making noises, what type of noises were you making if any?
A. Just picking up my clothes and putting on my shoes and things.
Q. When you walked through that room, did you walk outside?
A. I walked -- I didn’t have to go outside to get into that room. I didn’t go outside until I went to get in the car.
Q. Was Mr. Polanski with you when you went to get in the car?
A. No.
Q. Did you get in the car when Mr. Polanski was not around?
A. Yes.
Q. What happened then?
A. I was sitting in the car and I was crying. And at about five minutes later he came out and he goes, “Well, I’ll be out in a couple of minutes. I want to talk to this woman.”
And I went, “Oh, okay.”
Q. Did he indicate to you her name?
A. No.
Q. Did he come out in a couple of minutes?
A. Yes, in about 10, I think.
Q. What did you do?
A. I just sat there. And he got in the car and we went home.
Q. Driving home, did he say anything to you?
A. He said something like -- I can’t remember when
December 2002, the grand jury testimony of Samantha Jane Gailey (married Geimer), the American victim of Polanski, was unsealed by Los Angeles Superior Court Judge David Wesley. Four months later, on the 23th of March 2003, the 2002 Academy Awards were presented at the Kodak Theatre. That’s the transcription of the testimony:
MR. GUNSON Samantha Gailey.
THE SERGEANT-AT-ARMS: Come in and face the foreman, please.
SAMANTHA JANE GAILEY,
called as a witness before the Los Angeles County Grand Jury, was duly sworn as follows:
THE FOREMAN: Miss Galley, would you raise your right hand, please.
You do solemnly swear that the evidence you shall give in this matter now pending before the grand jury of the County of Los Angeles shall be the truth, the whole truth, and nothing but the truth, so help you God?
THE WITNESS: Yeah.
THE FOREMAN: Thank you. Please be seated.
State your full name and speak directly into the microphone so everyone can hear you, please.
THE WITNESS: Now? Samantha Jane Gailey.
EXAMINATION
by MR. GUNSON:
Q. Samantha Gailey, how old are you?
A. 13.
Q. You reside with your mother and your sister at a residence in Woodland Hills?
A. Yeah.
Q. Would you please answer yes or no.
A. Yes.
Q. On February 13, 1977, did you meet Mr. Roman Polanski at your residence?
A. Yes.
Q. Looking at this exhibit n.º 1 do you recognize the person depicted in that photograph?
A. Yeah, that’s Roman Polanski.
Q. Did Mr. Polanski at any time indicate to you that he wished to photograph you?
A. Yes.
Q. And when was that?
A. On the 13th of February.
Q. What did he say to you that indicated to you he had an interest in photographing you?
A. He showed me a Vogue Magazine that he had done and he said, “Would you like me to take your pictures?”
And I went, “Yes.”
Q. You answered “Yes”?
A. Uh-huh.
Q. Would you please answer yes or no.
A. Yes.
Q. On February 20th did you go with Mr. Polanski to have him take pictures of you?
A. Yes.
Q. Did you meet him in your residence on that day before leaving?
A. Yes.
Q. And what happened?
A. He came in, picked out same clothes and we just went up the hill.
Q. What clothes did he pick out?
A. I was wearing a pair of blue jeans and he took a white shirt and a patchwork blouse.
Q. Did you drive somewhere with Mr. Polanski?
A. Just about a block up to the end of our street.
Q. At any time did Mr. Polanski indicate to you the type of photographs that he wished to take of you?
A. No.
Q. After getting out of the car, what did you do?
A. We climbed up to the top of the hill.
Q. What happened then?
A. We weren’t exactly at the top but he took some pictures about halfway up. And then we just —we took more, another two rolls.
Q. What do you mean by “We took more”?
A. He took more. I posed for them.
Q. Did Mr. Polanski had a camera in his hand?
A. Yeah.
Q. Did you pose for him?
A. Yes.
Q. Did you pose at his direction?
A. Yes.
Q. What were the directions he gave you in posing?
A. Things like, you know, “Put on this shirt and don’t smile», you know.
Q. Did you change shirts?
A. Yes.
Q. Where did you change?
A. On the hill.
Q. Was that in view of Mr. Polanski?
A. Yes.
Q. What happened after you changed shirts?
A. We climbed up farther on the hill.
Q. What happened then?
A. We took some pictures by this tree.
Q. Approximately how many pictures did you take then?
A. I think he changed his camera film before we went up farther, before we got to that tree.
Q. So you think that he shot part of two rolls?
A. He shot two whole rolls.
Q. At any time did you pose without a top?
A. Yes.
Q. At that time were you wearing a bra?
A. No.
Q. So you were bare from the waist up?
A. Yes.
Q. Was that at his request or did you volunteer to do that?
A. That was at his request.
Q. What did Mr. Polanski say with respect to posing without anything on your top?
A. He said. “Here take off your top now”.
And I thought they were for, you know, the shots that you got so you don’t have anything on your shoulders.
Q. So what did you do?
A. I took off my shirt. I was standing close to a tree, the same tree.
Q. When you returned home, did you tell your mother that he had taken photographs of you without a top?
A. No.
Q. What was the reason that you did not tell your mother?
A. I wasn’t sure if I was going to or not. I was just going to say I don’t want to get any more pictures taken again.
Q. Whom were you going to tell that to?
A. My mom.
Q. Did Mr. Polanski return other day?
A. Yeah.
Q. Was that March 10th?
A. Yes.
Q. Was that to have some more photographs taken of you?
A. Yes.
Q. And that was by Mr. Polanski?
A. Yes.
Q. Looking at exhibit n.º 10, 18 slides, do these appear to be some of the slides that Mr. Polanski took of you on the 20th of February?
A. Yes. This is not all of them though. This was full before.
Q. Have you seen that box before?
A. Yes. It didn’t have this on it though. It was a different box.
Q. When you say “this”, are you referring to a label identifying it?
A. Yeah, uh-huh. But this was full before when I saw them.
Q. So it had approximately 36 slides it in?
A. I guess, yes.
Q. Did you look at all 36 of them at one time?
A. Yes.
Q. When was that?
A. That was in the car on the way to get my pictures taken again.
Q. Looking at exhibit n.º 1 containing two proof sheets, one with three exposures another with 35 exposures, do those appear to be poses that you made for Mr. Polanski on the 20th of February on the hill behind your residence?
A. Yeah, these are the pictures.
Q. Have you seen those before today?
A. Yes, I saw the slides of them.
Q. Have you ever seen the proof sheets before today?
A. No.
Q. When Mr. Polanski came on the 10th of 1977 to your residence, what if anything, did he say to you?
A. He was in a rush. He didn’t –
Q. What do you mean he was in a rush?
A. He went, “Let’s go. All the light is going down. Hurry up. Get your clothes.”
And I was going to say to him, “Can my friend come along”, but I didn’t because he was rushing me.
Q. And so did you leave with Mr. Polanski?
A. Yes.
Q. Did he indicate to you where he was going to go?
A. He said to his friend’s house.
Q. Did he say his friend’s name?
A. No.
Q. Did he indicate to you whereabouts that friend lived?
A. Not to me.
Q. Did you go to some house?
A. Yes.
Q. Do you know approximately where that house was?
A. I could find it. It is on the same road as Jack Nicholson’s house, just up farther.
Q. At any time did he indicate to you who lived at that residence?
A. I think he told me the person’s name when we got there. He introduced me to him. I don’t remember though.
Q. How many people were at that residence?
A. There was three guys and two girls.
Q. Did Mr. Polanski take pictures of you at that residence?
A. Yes.
Q. What were you wearing at the time that these photographs were taken of you at the first residence?
A. A white blouse and a pair of jeans.
Q. Is that white blouse and pair of jeans something that you had worn on February the 20th?
A. No.
Q. This was something different?
A. Yes.
Q. When you went on March 10th, what other clothes did you take other than the white top and the jeans?
A. I took a T-shirt and a Rugby shirt and I think another white – yeah, another white shirt.
Q. When you left on March 10th, what were you wearing?
A. I was wearing my jeans and I don’t remember what top I had on.
Q. Were you wearing a bra?
A. No.
Q. Were you wearing panties?
A. Yes.
Q. Do you remember what color those were?
A. Kind of rust or copper.
Q. Looking at People’s exhibit 4 for identification, does this appear to be the panties that you were wearing?
A. Yeah, yes.
Q. Looking at exhibit n.º 5, a dress, have you seen this dress before?
A. Yes, I was wearing it later on.
Q. Excuse me. Exhibit 3.
A. Yes, that’s the dress.
Q. Was this dress also taken from your residence on the 10th of March?
A. Yes.
Q. Did Mr. Polanski select the clothes that you took?
A. Yes.
Q. Was the dress one of the items that he selected to take?
A. Yes.
Q. How long were you at this residence talking photographs?
A. We were there about an hour, I think.
Q. Was there a conversation between you and Mr. Polanski about going to another residence?
A. When the light got too dim he said: “I’m going to call up Jack Nicholson and see if we can go down to his house.
Q. Did you see Mr. Polanski make a telephone call?
A. Yes.
Q. Did you overhear Mr. Polanski talking on the telephone?
A. Yes.
Q. Where were you when you overheard him speaking on the telephone?
A. I was standing about five feet away from him looking at some paintings.
Q. Was that in the same room?
A. Yes.
Q. What did you hear Mr. Polanski say?
A. I wasn’t really listening but he said something to the effect of “Can I come down and take same pictures?”
And then hung up and we left.
Q. Approximately how far did you drive?
A. We drove for about five minutes.
Q. Was this in Los Angeles County?
A. Yes, I think. I don’t know.
Q. Do you know approximately what area it was?
A. No.
Q. Do you know the name of the street?
A. No. Oh, wait. Mulholland.
Q. Did you know the address?
A. No.
Q. After being at the first residence, you drove to a second residence?
A. Yes.
Q. Did Mr. Polanski say anything about the residence when he drove up?
A. Say anything about it?
Q. Yes.
A. No, just that this is Roman Polanski’s – I mean, this is Jack Nicholson’s house.
And he pressed the button and someone goes: “Is this Roman?”
And he went, “Yeah.” And the gate opened.
Q. When you said someone said “Is this Roman”, did you see any persons around at that time?
A. No. It was through the intercom.
Q. When the gate opened up, what happened?
A. He drove in and we drove down to the house.
Q. Did you see any persons within the yard when you were driving to the house?
A. Yeah, a woman with black hair and she had two dogs.
Q. Do you know who that woman is?
A. No.
Q. Did you see that woman at later time?
A. She went in the house with us for about 15 minutes, but not after that.
Q. When Mr. Polanski parked the car, you got out of that car?
A. Yes.
Q. And you entered the residence with Mr. Polanski?
A. Yes.
Q. Where did you go inside the house?
A. We went to the sliding doors to go out to the patio. Like he was in the living room that he did his camera.
He put the lenses and stuff.
Q. Before doing that, did you have a conversation with Mr. Polanski and this woman that you met there?
A. No. They were talking. I was just sitting there looking around.
Q. Where did this conversation take place?
A.. In the living room right by the patio doors.
Q. What was the conversation at that time?
A. They were talking about the last time he had stayed at Jack Nicholson’s house, and that she was fixing up a room for the next time he came to stay for a while.
Q. At any time did Mr. Polanski offer you something to drink?
A. Yes. I think I said I was thirsty. And he went in the kitchen and this refrigerator~ it was full of juice and wine and soda and all this stuff. And he got out-- he got a bottle of champagne. And he said, ‘Should I open it?”
And I went, “I don’t care,” you know.
And so he asked the woman if it was all right. and she said it was.
Q. So did he open the bottle of champagne?
A. Yes.
Q. Do you know what kind of champagne it was?
A. It was 1971 something.
Q. What happened after he opened the bottle of champagne?
A. He poured three glasses, one for each of us.
Q. Did Mr. Polanski drink his glass of wine?
A. Yes.
Q. Excuse me, his champagne?
A. Yes.
Q. Did the lady who was also present drink any champagne?
A. She drank about half of her glass.
Q. Did you drink any champagne?
A. Yes.
Q. How much did you drink?
A. I don’t know. I had been finishing my glass and I was using it to pose in the pictures with. So I have no idea how much I drank.
Q. So after you had the drink of champagne, you went and took pictures?
A. Yes.
Q. Whereabouts did you go to take pictures?
A. To the corner of the patio by the pool.
Q. Was this inside or outside?
A. Outside.
Q. What were you wearing at the time that you arrived at the Nicholson residence?
A. The same blouse I wore for the pictures.
Q. Is that what you were wearing when you went out to the patio to take the pictures?
A. Yes.
Q. You had not changed at that time?
A. No.
Q. Did Mr. Polanski take pictures?
A. Yes.
Q. At that time did you have a glass in your hand?
A. No.
Q. Well, what type of poses did he request of you, if any?
A. He didn’t request any. I was just standing there.
Q. Did you see the lady that was there when you first arrived?
A. Yes.
Q. Was she out watching Mr. Polanski take the pictures?
A. No, she had left. She left just as he started taking pictures.
Q. Do you know where she went?
A. To work.
Q. How do you know that?
A. She said that she had to work, you know, and left.
Q. To your knowledge, were there any other person at the Nicholson residence after she left?
A. No.
Q. After taking pictures in the patio area, what happened?
A. We went inside and he started playing with his camera again. I think he changed lenses or something. And then we took some more pictures right inside the patio door.
Q. Was that wearing the same outfit that you had on when you arrived, the blue jeans and the blouse?
A. No.
Q. Pardon me?
A. No.
Q. Had you changed?
A. No. I didn’t have a shirt on. I was standing behind a lamp.
Q. Did you take your shirt off or did Mr. Polanski?
A. No, I did.
Q. Was that at his request or did you volunteer to do that?
A. That was at his request.
Q. Did you pose –
A. Yes.
Q. – at that time?
A. Yes.
Q. Did he direct you in any poses at that time?
A. Yes.
Q. What did he ask you to do, if anything?
A. He was saying things like, “Hold the champagne glass this way. Look this way.”
Q. After taking those photographs, what happened?
A. He went to show me this jacuzzi that Jack Nicholson has.
Q. Where is the jacuzzi located?
A. Outside the bathroom door.
Q. Looking at exhibit 12, does this appear to be the jacuzzi that Mr. Polanski showed you at the Nicholson residence?
A. Yes.
Q. What happened after he showed you the jacuzzi?
A. He said, “I want to take some pictures of you in this”.
Q. In what?
A. In the jacuzzi. He wanted to take some pictures in that.
Q. Did you have your top off at that time?
A. No, I had put it back on.
Q. Had you changed clothes?
A. Yes. I had hanged into the blue dress.
Q. At what point did you change into the blue dress?
A. Right after he was done taking my pictures by the lamp.
Q. Where did you change into the blue dress?
A. I think in the living room.
Q. Where was Mr. Polanski when you changed into the blue dress?
A. I’m not sure. I think he walked in the other room to do something.
Q. So you went out to the jacuzzi in your dress?
A. Yes.
Q. Did you have any pictures taken of you at that time?
A. Right before we went out to see the jacuzzi he had taken a few pictures in the kitchen.
Q. Was that with the dress on?
A. Yes.
Q. So when you went out to the jacuzzi you had on the blue dress?
A. Yes.
Q. What happened out there after he indicated he wished to take pictures of you in the jacuzzi?
A. We went inside and called my mother.
Q. When you say “we called”, did you call or did Mr. Polanski call?
A. He told me to and I talked and then he talked and then I talked again.
Q. What did you tell your mother?
A. She goes, “Are you all right?”
I went, “Uh-huh”.
And she says, “Do you want me to come pick you up?”
And I went, “No.’
And he said that we’d be home kind of late because it had already gotten dark out.
Q, When you said “he said,” did he tell you or did you hear him tell your mother on the phone?
A. He told my mother.
Q. Did he tell your mother any other things?
A. Not that I was listening to.
Q, After talking to your mother on the telephone, what happened?
A. We went out and I got in the jacuzzi.
Q. So you went outside--
A. No, wait. We went into the bathroom before and he took this little yellow thing. I don’t know what it was. It was some kind of container. And he had -- he walked in before me. When I walked in he had the container. And he had a pill broken in three parts.
And he said, “Is this a Quaalude?”
And I went, “Yes”.
And he says. “Oh, do you think I will be able to drive if I take it?”
And I went, “I don’t know,” you know.
He says, “Well, should I take it?”
I went, “I don’t know.”
He goes, “Well, I guess I will,” and. he took it. And he says: “Do you want part?” And I went, “No”.
And he says – oh, at that time I went, “Okay,” because – I don’t know.
Q. Why did you take it?
A. I don’t know. I think I must have been pretty drunk or else I wouldn’t have.
Q. Before you took the part of the tablet, had you had more champagne than you have testified to?
A. I told you I didn’t know how much because I was drinking some of his, too. I just kept – I just kept drinking it for pictures and, you know.
Q. The poses that you made were with the champagne your hand?
A. Yes.
Q. And was there champagne in the glass when your picture was taken?
A. Yes.
Q. While the pictures were being taken, were you drinking champagne?
A. Yes.
Q. Looking at exhibit n.º 7, does that appear to be the item that Mr. Polanski produced a pill from?
A. No.
Q. Would you please describe that again.
A. It was shaped like a rectangle. It was about one inch by maybe two inches. It was yellow and it was clear. And it looked like it was made especially for keeping something in, but I didn’t know what.
Q. What did you see Mr. Polanski do with that container?
A. I don’t know. He had it on the counter when I came in. And I think I turned around or something or walked away or something and I didn’t really notice what he did with it after that.
Q. Could you see whether it contained other tablets?
A. It was empty.
Q. When you saw it was empty, was that before or after he showed you the tablet?
A. It was empty. All it had in it was the quaalude and he poured it out so it didn’t have anything else in it.
Q. When he asked you if it was a quaalude you answered “Yes”?
A. Yes.
Q. Had you seen quaaludes before then’?
A. Yes.
Q. On what occasion?
A. I have seen pictures of them and they’re on the shirts, and once I found one.
Q. How old were you then?
A. I was, I think, 11 or 10, I’m not sure.
Q. What did you do with them?
A. I broke it and I took part of it.
Q. Looking at exhibit No. 6 marked for identification is that similar to the tablet that Mr. Polanski produced?
A. Yes.
Q. What did that say on it?
A. That one or the one Mr. Polanski had?
Q. The one Mr. Polanski –
A. It said Rorer 714.
Q. Pardon?
A. Rorer 714.
Q. You knew that to be a quaalude?
A. Yes.
Q. Was that one solid quaalude tablet or not?
A. It was already broken. It looked like it was a whole one. Thick three pieces put to make the whole one.
Q. Did Mr. Polanski take part of one?
A. Yes.
Q. What did he do with it?
A. He swallowed it with his champagne.
Q. Did you see what he did with the others?
A. No.
Q. Did you take a quaalude?
A. I took part of it.
Q. Where did you get this part?
A. He gave it to me.
Q. Where did he take this quaalude from?
A. The yellow container.
Q. How much of the tablet did he give you?
A. It was a little less than half.
Q. How did you take that tablet?
A. I took it with a swallow of champagne.
Q. What happened after you took the tablet?
A. I went into the kitchen, and I don’t know why, but I thought if I ate -- I realized I was drinking and then I took that. And I then really got upset at myself so I started eating.
Q. Where did you find that?
A. It was in the kitchen on a dish. He was changing film or something in another room.
Q. Looking at exhibit 9—B, the photographs, do those appear to be the poses that you made before Mr. Polanski aid his camera when you had on the blue dress?
A. Yeah, these are the ones.
Q. After eating in the kitchen, what did you do?
A. He called my name and I went out and got in the jacuzzi.
Q. When you got in the Jacuzzi, what were you wearing?
A. I was going to wear my underwear, but he said for me to take them off.
Q. When you came out of the house into the area of the pool, what were you wearing?
A. I had on my underwear.
Q. When you say your underwear, are you referring to panties marked exhibit No. 5?
A. Yes.
Q. Excuse me, exhibit No. 4. Are these panties that you previously identified?
A. Yes.
Q. What time did you take off your dress?
A. I took it off the bathroom right before I went out to get in the jacuzzi.
Q. Why did you take off your dress?
A. Because I didn’t want to get in the jacuzzi in it. I just figured I will take it off to get in.
Q. Did you take off your panties?
A. No.
Q. Did you get unto the jacuzzi with your panties?
A. No.
Q. Then you took them off at some time?
A. Yeah.
Q. When did you take them off?
A. I had gone outside. I was ready to get in and he said, “Take off your underwear”.
So I did and then I got in.
Q. What happened when you got in the jacuzzi?
A. He took some pictures.
Q. At that time did you have a glass in your hand?
A. Yes.
Q. Was there champagne in the glass?
A. Yes.
Q. Did you drink some of the champagne while you were in the jacuzzi?
A. I don’t think so.
Q. Do you know approximately how many pictures Mr. Polanski. took when you were in the jacuzzi?
A. Not very many.
Q. Did he indicate to you how you should pose when ‘he was taking these pictures?
A. No.
Q. What did you do when you were in the jacuzzi?
A. I was just standing there looking at him. He only took a few pictures. He said there was enough light.
Q. At some time did he stop taking photographs of you in the jacuzzi?
A. Yes.
Q. What did he do after that?
A. He said that he was going to get in.
Q. What did you see him do?
A. He went in the bathroom and he came out and got in.
Q. When he came out was he wearing anything?
A. No.
Q. Before he went in was he wearing anything?
A. Yes.
Q. What was he wearing?
A. His normal clothes.
Q. Do you remember what he was wearing?
A. A pair of tan pants and some kind of sweater.
Q. What did Mr. Polanski do when he got into the Jacuzzi?
A. He got in and he went down to the deepest part of it.
Q. What did you do?
A. I went up to the other end of it.
Q. What happened then?
A. He goes, “Come down here”.
And I said, “No. No, I got to get out”.
And he goes, “No, come down here”.
And then I said that I had asthma and that I had to get out because of the warm air and the cold air or something like that.
And he said, “Just come down here a second”.
So I finally went down. And then he went -- there was a lot of the jacuzzi jets. He goes. “Doesn’t it feel better down here?”
And he was like holding me up because it is almost over my head. And I went, “Yeah, but I better get out.”
So I got out.
Q. When you say that he was holding you, how was he holding you?
A. He had his hands on my sides like right around here and he was.
Q. Around your waist?
A. Yes. Then he started to move them around and I just got out.
Q. Did you have asthma?
A. No.
Q. Have you ever had asthma?
A. No.
Q. Why did you tell him you had asthma?
A. Because I wanted to get out.
Q. Did you get out of the jacuzzi?
A. Yes.
Q. What did you do when you got out of the jacuzzi?
A. I got out and I put on a towel.
Q. Where did you get the towel?
A. It was laying outside.
Q. What did you do when you got the towel?
A. What?
Q. What did you do when you got the towel?
A. I got the towel. I just picked it up and put it on. He went in the large pool then.
Q. Is there a pool in addition to the jacuzzi as shown in exhibit n.º 12?
A. Yes.
Q. What happened then?
A. He goes —- I walked over and he goes, ”Get in here”.
And I went, “No, it’s okay. It’s too cold.”
And he says. “No, it’s warm”.
And I put my foot in (the water) and I went, “No, I don’t want to go in.”
And he goes, “No, just get in”.
So I dove in one end and just swam the whole way down through and just got out
the other end.
Q. What did you do then?
A. I went into the bathroom and started drying off.
Q. Did you see Mr. Polanski then?
A. Yes, he came into the bathroom.
Q. What happened at that time?
A. He asked me if I was all right, if my asthma was bad.
Q. What did you say?
A. I said that I wanted to go home because I needed to take my medicine.
Q. What did Mr. Polanski say?
A. He said, “Yeah. I’ll take you home soon.”
Q. What did you do?
A. I told him -- I said that I wanted to get -- I wanted to go home.
I said “No, I have to go home now.”
Q. What did Mr. Polanski say?
A. He told me to go in the other room and lie down.
Q. When he said “in the other room,” was there an adjoining room to the bathroom?
A. No, it was at the end of the hall. He went outside the bathroom. It was right a few feet away.
Q. What kind of room is that?
A. I’m not sure. There’s no light on in it. And it looked like a master bedroom, It had a bed and a couch and a TV.
Q. What did you do when he said: “Let’s go in the other room”?
A. I was going, “No, I think I better go home”, because I was afraid. So I just went and I sat down on the couch.
Q. What were you afraid of?
A. Him.
Q. And so you went in the other room and sat down on the couch?
A. Yes.
Q. What were you wearing at that time?
A. My underwear and a towel.
Q. At some time had you put on your panties?
A. Yes, I did that right away when I got into the bathroom?.
Q. What happened when you sat down on the couch?
A. He sat down beside me and asked me if I was okay.
Q. What did you say, if anything?
A. I said, “No”.
Q. What did he say?
A. He goes, “”Well, you’ll be better”.
And I go, “No, I won’t. I have to go home”.
Q. What happened then?
A. He reached over and he kissed me. And I was telling him, “No”, you know, “keep away.”
But I was kind of afraid of him because there was no one else there.
Q. After he kissed you did he say anything?
A. No.
Q. Did you say anything?
A. No, besides I was just going, “No. Come on, let’s go home”.
Q. What was said after you indicated that you wanted to go home when you were sitting in the couch?
A. He said, “I’ll take you home soon”.
Q. Then what happened?
A. And then he went down and he started performing cuddliness.
Q. What does that mean?
A. It means he went down on me or he placed his mouth on my vagina?
Q. Where were you when he did that?
A. Was sitting in the couch.
Q. At any time did he say anything before he put his mouth on your vagina?
A. No.
Q. What did he do when he placed his mouth on your vagina?
A- He was just like licking and I don’t know. I was ready to cry. I was kind of – I was going, “no. Come on. Stop it.” But I was afraid.
Q. And what he said, if anything?
A. He wasn’t saying anything that I can remember.
He was – sometimes he was saying stuff, but I was just blocking him out, you know.
Q. At this time what was your state of sobriety, if you know?
A. What’s that mean?
Q. Have you been drunk before?
A. Yes.
Q. Was that from drinking alcohol?
A. Yes.
Q. Have you ever been under the influence of quaalude?
A. No.-’- oh, yeah, that once when I was real little.
Q. Have you ever been under the influence of quaalude and alcohol before March the 10th?
A. Before March 10th?
Q. Yes, of this year.
A. Yes.
Q. When was that?
A. Not both at the same time.
Q. Pardon?
A. Not both at the same time.
Q. At the same time before March 10th were you under the influence of quaalude and alcohol?
A. No.
Q. Did you feel that you were under the influence on this day, March 10th?
A. Yes.
Q. And that’s when you were sitting on the couch?
A. Yes.
Q. Why do you believe that you were under the influence at that time?
A. I can barely remember anything that happened.
Q. Is there any other reason?
A. No. I was kind of dizzy, you know like things were kind of blurry sometimes. I was having trouble with my coordination like walking and stuff.
Q. How long did Mr. Polanski have his mouth on your vagina?
A. A few minutes.
Q. What happened after that?
A. He started to have intercourse with me.
Q. What do you mean by intercourse?
A. He placed his penis in my vagina.
Q. What did you say, if anything, before be did that?
A. I was mostly just on and off saying, “No, stop.”
But I wasn’t fighting really because I, you know, there was no one else there and I had no place to go.
Q. What did he say if anything?
A. He didn’t answer me when I said “No”.
I think he was --he was saying something, but I wasn’t listening to him and I can’t remember.
Q. At this time were your panties off?
A. Yes.
Q. How were you panties taken off?
A. He had taken them off.
Q. When was that?
A. After he kissed me he got a hold of them and he pulled them off.
Q. At any time did he ask you when your period was?
A. Yes.
Q. When was that?
A. While he was having intercourse with me.
Q. Did he ask you about being on the pill?
A. Yes.
Q. When did he say that?
A. At the same time.
Q. What did he say?
A. He asked, he goes, “Are you on the pill?”
And I went, ‘No.”
And he goes, “When did you last have your period?”
And I said, “I don’t know. A week or two, I’m not sure”.
Q. And what did he say?
A. He goes, “Come on. You have to remember.”
And I told him I didn’t.
Q. Did he say anything after that?
A. Yes. He goes, “Would you want me to go in through your back?”
And I went, “No”.
Q. Did he say anything else?
A. No.
Q. How long did he have his penis in your vagina?
A. I can t remember how long, but not a very long time.
Q. Had you had sexual intercourse with anyone before March 10th?
A. Yes.
Q. Approximately how many times?
A. Twice.
Q. How did you know that he had his penis in your vagina?
A. I could tell. I could feel it.
Q. What happened after he says “Do you want me to – “was it go through the back?
A. Yes.
Q. What happened then?
A. I think he said something like right after I said I was not on the pill, right before he said, “Oh, I won’t come inside of you then”.
And I just went-- and he goes -- and then he put me – wait. Then he lifted up my legs farther and he went in through my anus.
Q. When you say he went in your anus, what do you mean by that?
A. He put his penis in my butt.
Q. Did he say anything at that time?
A. No.
Q. Did you resist at that time?
A. A little bit, but not really because --(pause)
Q. Because what?
A. Because I was afraid of him.
Q. At any time did you become aware that there was another person or persons in the residence?
A. Yes. Right after that a woman knocked on the door and she goes, “Roman, are you in there?”
And he went, “Yes. I just got out of the jacuzzi and I’m getting dressed».
Q. At that time what was happening?
A. He had walked up to the door and kind of opened it up a crack and talked to her. And I got up and put on my underwear and started walking towards the door.
Q. What happened then?
A. He sat me back down again.
Q. What happened then?
A. Then he started to have intercourse with me again and then he just stopped.
Q. Do you know what climax is?
A. Yes.
Q. Do you know whether he had a climax?
A. Yes.
Q. And how do you know that?
A. Because I could kind of feel it and it was in my underwear. It was in my underwear. It was on my butt and stuff.
Q. When you say that, you believe that he climaxed in your anus?
A. Yes.
Q. What does climax mean?
A. That his semen came out.
Q. Do you know what semen is?
A. Yes.
Q. Did you see some semen or feel some semen?
A. I felt it.
Q. Where did you feel it?
A. I felt it on the back of my behind and in my underwear when I put them on.
Q. When you were in the room and you heard the knock on the door, did you say anything at that time?
A. No. I just got up and got my underwear on
Q. Why didn’t you say something at that time?
A. I was still pretty much afraid of him. I didn’t – even though there was someone else there. I didn’t know what to say.
I had gotten up. I thought that I could just leave then and go home and say something, you know, because he was the only way I had to get home.
Q. At what point did you put on your panties after he had placed his penis in your anus?
A. That I put them back on?
Q. Yes.
A. As soon as he got up to answer the door.
Q. Then at what time what else did you do?
A. I just got up and started walking towards the door.
Q, Is that when he took you again?
A. Uh-huh.
Q. And what happened to the panties at that time?
A. Took them back off.
Q. Did you put them back on after he had sexual intercourse with you for the second time?
A. Yes.
Q. When he let you up, what did you do?
A. I walked into the bathroom and I put on my dress, and combed my hair and I walked -- I sort of was walking out and he said, “Now, wait for me, “but I didn’t. I went out. I got my clothes and there was -- that woman on the phone. And I said hello to her and I just went out and sat in the car.
Q. Looking at exhibit No. 2, a black-and-white photograph of a female, have you seen the person depicted in exhibit 2 before today?
A. That was the woman that was there.
Q. That is the woman that was on the phone when you walked out to leave?
A. Yes.
Q. What did you say to her?
A. She just --I was -- there’s a divider kind of in the living room. And she heard me make a noise and she goes, “Hello”.
And I stuck my head around there and I said, ”Hi” .
And she said ‘Are you the girl Roman is taking pictures of?”
And I said ‘Yes,’ and I just walked out to the car.
Q. When you said you were making noises, what type of noises were you making if any?
A. Just picking up my clothes and putting on my shoes and things.
Q. When you walked through that room, did you walk outside?
A. I walked -- I didn’t have to go outside to get into that room. I didn’t go outside until I went to get in the car.
Q. Was Mr. Polanski with you when you went to get in the car?
A. No.
Q. Did you get in the car when Mr. Polanski was not around?
A. Yes.
Q. What happened then?
A. I was sitting in the car and I was crying. And at about five minutes later he came out and he goes, “Well, I’ll be out in a couple of minutes. I want to talk to this woman.”
And I went, “Oh, okay.”
Q. Did he indicate to you her name?
A. No.
Q. Did he come out in a couple of minutes?
A. Yes, in about 10, I think.
Q. What did you do?
A. I just sat there. And he got in the car and we went home.
Q. Driving home, did he say anything to you?
A. He said something like -- I can’t remember when
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