by J K Franko
Moran:You’re way out of line, Detective.
Travers:Please, Eddie.
Garza:Just saying.
Travers:How did that conversation come about?
Kim:I called him.
Travers:Why did you call him?
Kim:To discuss the possibility of him working with us. With Cruise Capital.
Travers:What did you want him to do for Cruise Capital?
Kim:We...
Moran:Hold on. Hold on. Excuse me. Mr. Kim is not going to get into specific details about business strategy or plans of Cruise Capital. He’ll discuss the role they had for Mr. Harlan at a high level, but he’s not going to give away company secrets here.
Travers:Mr. Moran, if you’re going to keep interrupting...
Moran:I don’t plan on doing so but you need to understand that we are here to cooperate. We’re here to assist. Mr. Kim is going to do that. But he’s not giving away company secrets. No corporate strategy. Go ahead, David.
Kim:Like I said. We wanted him to consult. We’re interested in the government procurement space. He had knowledge about that space. So, we wanted to explore the possibility of him working with us in that regard. We... I think, yeah, that covers it.
Travers:Did you discuss that idea with Roy Cruise?
Kim:Yeah. We discussed it.
Travers:Whose idea was it? Yours?
Kim:I... That’s a good question. Thinking about it now, I don’t remember. I think it just kind of bubbled up. We were interested in the space. Thought he could be helpful.
Travers:So, it wasn’t your idea?
Kim:It bubbled up. I don’t know... It bubbled up.
Travers:Why did you arrange for Mr. Harlan to come to Miami?
Kim:Expense. It was cheaper.
Travers:Cheaper than what?
Kim:Than us flying to Austin.
Travers:But you go there a lot, don’t you? Why not just include him in your next trip?
Kim:Timing. We wanted to meet with him sooner than that.
Travers:In the end, though, only you were going to meet with Mr. Harlan, correct?
Kim:No. It was going to be me and an other partner. Melody Kranz.
Travers:Melody Kranz?
Kim:Yes.
Travers:What about Mr. Cruise? Was he part of the meeting?
Kim:He was going to be at first, but he was out of town. Out of country.
Travers:When did you find out that Mr. Cruise was going to the Bahamas?
Kim:I don’t remember. Before.
Travers:Before scheduling the visit? I mean, before arranging for Mr. Harlan to come to Miami?
Kim:I don’t remember. I know it was before the meeting. I think it may already have been scheduled, though.
Travers:Had you planned to have dinner with Mr. Harlan?
Kim:No.
Travers:Is that unusual?
Kim:No. We were meeting in the morning. At 10:00. I was planning on taking him to lunch.
Travers:Then didn’t it seem strange to you when he texted you? Hold on. Here it is. Mr. Harlan texted you, “Sorry you can’t make dinner. See you in the morning.”
Moran:Excuse me. Is there a question there? Because you started, then...
Travers:You’re right. Sorry.
Moran:...you just read the text.
Court reporter:Please, gentlemen. One at a time. I can’t take you all down if you talk over each other.
Travers:Yes. Sorry. Let me ask again. Mr. Harlan texted you, “Sorry you can’t make dinner. See you in the morning.” You received that text?
Kim:Yes.
Travers:Didn’t it seem odd to you? If there was no dinner, that he was writing to you about a dinner?
Kim:We discussed this before – I mean – with Detective Garza.
Travers:I understand. I just need to make a complete record. Could you answer the question, please?
Kim:Yes. It seemed odd.
Travers:You responded to him: “Joe. Did you mean to text me? What dinner? See you at 10.”
Kim:Yes.
Travers:Why did you wait so long to reply? His message came in at 5:40 p.m. and you didn’t respond until almost 8:00 p.m.
Moran:Excuse me. Can we have the exact time, please?
Travers:7:57 p.m.
Moran:So, before 8:00.
Travers:Yes. Why did you wait so long?
Kim:I don’t know. I don’t recall waiting. I think I responded when I saw it.
Travers:Are you usually away from your phone for that long? Almost an hour and twenty minutes? I would think a busy man like you has his phone on hand and checks messages regularly.
Kim:I don’t know what to tell you. I responded when I got it. Maybe I had it on vibrate. I really don’t remember.
Travers:What did you do on the night of May 2nd?
Moran:Just a second. Just so we can speed things up. The security logs... they show entries from Mr. Kim’s security card. May 2nd, leaving the office at 5:37 p.m. He was probably driving when the text came.
Kim:I did drive home.
Moran:And we have a receipt from Sushi Maki. Order placed on Uber Eats. Receipt for sushi rolls, edamame, so on, delivered to the residence at 9:12 p.m. We also... well. That’s all. Let’s mark them as an Exhibit please.
(EXHIBIT A was marked.)
Travers:Can I? Thank you. Okay. So, you left the office at 5:37 p.m. Where did you go?
Kim:Home. I drove home.
Travers:In your car?
Kim:Huh?
Travers:I mean, you drove. You didn’t take an Uber or...
Kim:Oh. Yeah. No. I drove my car.
Travers:Okay. Is there any security or surveillance in your building?
Kim:Camera. Yeah. We...
Moran:We have asked the building for a copy. We... I was going to say earlier. We have seen the footage. He... Mr. Kim is on the camera getting... arriving at the residence at 7:20, more or less. We are getting a copy.
Travers:Could I get a copy when...
Moran:Sure.
Travers:Thank you. Do you know what Mr. Harlan did in Miami?
Kim:No.
Travers:Well, you know what time he arrived, don’t you?
Kim:How? How would I know that?
Travers:Well, you booked the flight?
Kim:Oh. No. I mean, yes, we did. The firm booked the flight. But my assistant did that. She coordinated it. I just told her economy. You know. Expenses. But she booked it based on his schedule. She coordinated with him to...
Travers:Yes?
Kim:Nothing. That’s all.
Travers:So, your assistant would have spoken with Mr. Harlan?
Kim:Yes.
Travers:What is her name?
Kim:Eve Jones.
Travers:We may want to talk to her.
Moran:We can discuss that off the record.
Travers:Okay. So, going back to the text message.
Kim:Yes.
Travers:Didn’t it seem odd to you that Mr. Harlan was texting you about dinner?
Kim:That’s why I responded the way I did.
Travers:Doesn’t it sound like he thought there was a dinner planned that included you? And that he found out you weren’t going to be there?
Moran:Objection. Mr. Kim...
Travers:Objection? We’re not in court.
Moran:I’m sorry, but I thought I made it clear. Mr. Kim is not here to speculate about what Mr. Harlan thought or to interpret Mr. Harlan’s thoughts. Ask him about facts, please. Only facts. Don’t speculate, David.
Travers:Are you going to answer the question?
Kim:I really don’t know what he was trying to say. Like I said, that’
s why I responded how I did. I thought he was writing to someone else and texted me by mistake.
Travers:Someone else that he was not having dinner with that night, but seeing the next morning? When he was supposed to be with you?
Kim:No. We were meeting at 10. All he said was “morning.” I dunno. Maybe he was having coffee with someone before.
Moran:Don’t speculate, David.
Kim:Sorry. I don’t know.
Travers:What happened when Mr. Harlan didn’t show up?
Kim:What do you mean? Nothing. We couldn’t meet with him without him.
Travers:Right. Stupid question. I mean, what did you do?
Kim:Oh. Well, I let Roy know that he was a no-show.
Moran:Hold on. It’s... Here you go, sir.
(handing document to Mr. Travers)
Travers:I’m going to read this out loud for the stenographer:
11:37 a.m.
Kim: Harlan no-show.
Cruise: Really? No phone call? Nothing?
Kim: Nada. Called his mobile twice. Got voicemail. Didn’t leave a message...
Cruise: Give him a couple of hours. Maybe he went out and partied? Overslept?
And then there is a thumbs-up symbol or icon from Kim.
Travers:Can you tell me what this is?
Kim:Text messages between me and Roy. Mine first, then back and forth.
Travers:When were the others sent? There’s only a time for the first message.
Kim:Right...
Moran:That’s what the phone shows. It only shows the first time stamp.
Kim:...after.
Travers:Sorry?
Kim:I was saying. The messages were one right after another. Back and forth. Like in real-time.
Travers:Okay. So, you never met Mr. Harlan?
Kim:No.
Travers:At what point did you begin to suspect that something might be wrong?
Kim:His dad called and said that he hadn’t caught the return flight.
Travers:Did you do anything after he didn’t show for the meeting?
Kim:Other than text Roy? No.
Travers:Why not?
Kim:He didn’t show up. I don’t know. What else was there to do?
Travers:Give me a second.
(A discussion was had off the record.)
Travers:That’s all I have.
(Off the record at 10:56 a.m.)
Interview of Roy Cruise
06.29.18
Present:
Art Travers
Edward Garza
Rosa Pérez
David Kim
Attorney Mark Moran
Roy Cruise
(On the record. 1:12 p.m.)
Travers:Please state your name.
Cruise:Roy Cruise.
Travers:You were born Roy Diaz, correct?
Cruise:Yes.
Travers:And changed...
Moran:Again, sir...
Travers:...your name...
Moran:Excuse me. We are here to answer specific questions. My client and I would very much appreciate it if you would focus on the matter at hand.
Travers:Mr. Moran, I am trying to get background information. Just so we can confirm records.
Moran:Please move on.
Travers:Mr. Cruise, your twin died, leaving you an only child, is that correct...
Moran:No. I’m sorry. We’re done. We’re done here. Let’s go, Roy.
(Off the record at 1:14 p.m.)
(On the record at 1:21 p.m.)
Travers:Mr. Cruise, let’s discuss Joe Harlan Jr.
Moran:Please, let’s.
Travers:Mr. Cruise. When did you first become aware of Joe Harlan Jr.?
Cruise:Sometime in April of this year.
Travers:How?
Cruise:We were looking at his company and TrueData as possible investments. I don’t think we knew it was his company at the time.
Travers:Did you ever meet with him or Frank Stern?
Cruise:No.
Travers:What about TrueData? Marty McCall?
Cruise:Yes.
Travers:How did that come about?
Cruise:I was scheduled to be up in Seattle meeting with several companies. I was coming back on the late flight, so I had some time available in the evening. So, we set up drinks. I met Marty for drinks.
Travers:Was that before or after you became aware of Mr. Harlan?
Cruise:Before, I think.
Travers:What did you discuss with Mr. McCall?
Cruise:He was... is in the process of raising a Series A. He pitched me his company.
Travers:Did Mr. Harlan come up in the conversation?
Cruise:I don’t think so.
Travers:What did you decide?
Cruise:About what?
Travers:About the investment.
Moran:No way, Art. Roy, don’t answer that. We’re not going to get into Cruise Capital’s confidential business information. Investment decisions are a critical part of that. That’s completely off-limits Mr. Travers. Completely.
Travers:Did you do any shopping while you were in Seattle?
Moran:What does this have to do with anything?
Travers:Please answer, Mr. Cruise.
Cruise:No.
Travers:No, you didn’t do any shopping, or no, you won’t answer?
Cruise:No. No shopping.
Travers:Have you seen this phone number before? (handing witness paper) 206-576-1324.
Cruise:I don’t know. It doesn’t look familiar. But, you know, with smart phones - who knows phone numbers these days?
Travers:But you don’t think you recognize it, correct?
Cruise:I don’t recognize it.
Travers:Do you have any idea why it would be listed under your name on Mr. Harlan’s phone?
Cruise:No.
Travers:Have you made any large cash withdrawals recently?
Cruise:No.
Travers:Would you have a problem sharing your financial records with us?
Moran:Hold on. We’ll take that under advisement. We can discuss that off the record, Detective.
Travers:Mr. Cruise, how is it that Mr. Harlan came up as a potential consultant for your company?
Cruise:I don’t remember. I know we were interested in his contacts. And his father’s contacts. As far as building a procurement business.
Travers:Were you planning on having dinner with Mr. Harlan while he was in Miami?
Cruise:No.
Travers:When did you decide to go to Bimini for the week of April 28th?
Cruise:My wife came up with the idea. I don’t recall when.
Garza:You guys seem to have a convenient habit of being out of town when bad things happen.
Moran:Excuse me, Detective. We agreed to have only one person questioning the witnesses.
Garza:I’m just saying. Bareto dies; you’re out of town. Harlan dies; you’re out of town. Very convenient.
Moran:Sir, you are out of line, sir. Completely out of line. You should...
Travers:Hold on, hold on...let’s just all calm down. Okay.
Garza:You’re the one that’s out of line, Moran!
Moran:Come on. We’re done, Roy. We’re done
Garza:Sure. Just run away. You can run, but you can’t hide, Cruise.
Travers:Hold on. Mark, hold on. Eddie, stop it.
Moran:Come on, Roy. We’re going.
(Discussion was had off the record.)
Travers:Mr. Cruise, do you know who Kristy Wise is?
Cruise:Yes. I believe she is the young woman that Harlan was charged with... raping, I guess... and then he was acq
uitted.
Travers:Have you ever met her?
Cruise:No.
Travers:What about her mother, Debra Wise?
Cruise:No.
Travers:And the father, Tom Wise, do you know him?
Cruise:No.
Travers:Are you sure?
Cruise:I believe so. I meet a lot of people. And I am in Austin quite a bit. But, I don’t recall him.
Travers:Just to be absolutely clear, are you sure you have never met Tom or Debra Wise?
Moran:Detective Travers. This is getting repetitive. He’s answered the question. Move on.
Travers:I just want to be sure, Mark. This is important. Mr. Cruise, are you sure?
Cruise:I am as sure as I can be. Like I said, I meet a lot of people.
Travers:Would it surprise you if I told you Tom Wise says he knows you?
Cruise:It...
Moran:Wait a minute... Wait a minute. If you have any evidence that shows that Mr. Wise knows Mr. Cruise, lay it on the table, now. Show it to the... to Mr. Cruise. If not, don’t speculate. Roy, don’t answer the question. He’s already said he’s never met them. That’s his answer. That’s it, Detective. Move on.
Travers:Mr. Cruise, could you just answer, would it surprise you to learn that Mr. Wise says he knows you?
Moran:Roy...
Cruise:I am going to take my attorney’s advice on that. Do you have any more questions?
(Discussion was had off the record.)
Travers:Okay. Mr. Cruise. There are some unusual pieces of evidence tying you to Mr. Harlan. I’m hoping that you might be able to help me with getting to the bottom of them. First, your name was on his phone, listed under the Seattle number I showed you. Have you ever owned a phone with that number?
Cruise:No.
Travers:Do you have a captain?
Cruise:Excuse me?
Travers:You own two boats and a jet ski, correct?
Cruise:Ah. Got it. No. No captain.
Travers:You run your boats yourself?
Cruise:Yes.
Travers:Do you know any captain with that phone number?
Cruise:Which one? That Seattle number? I don’t know any captains from Seattle. At least not to my knowledge.
Travers:Did you run your Sunseeker to Bimini?
Cruise:I did. We did. Susie and I together.
Travers:Did you take the jet ski?
Cruise:Yes.
Travers:Were you in Bimini all week?
Cruise:Yes.