Witness Says He Saw Valli Slap Restaurateur

Jurors in the misdemeanor battery trial of singer Frankie Valli’s wife heard from three prosecution witnesses Thursday, but only one testified that Randy Valli had slapped a Moorpark restaurateur.

The other two witnesses--the restaurant’s head waiter and a former parking valet--were not in the Secret Garden’s dining room when Valli allegedly hit Sandra “Alex” Sofsky. They did, however, help buttress the prosecution’s claim that Valli and her party, which included actor/singer Frankie Avalon and his wife, were rude during the incident in October.

Randy Valli is charged with one count of misdemeanor battery for allegedly slapping Sofsky during a dispute over a meal tab. The Calabasas woman could face six months in jail and a $1,000 fine if convicted.

Secret Garden co-owner Bob Sofsky returned to the witness stand for much of Thursday, collaborating the account that his wife and business partner had given the previous day.

“Is there any doubt in your mind that you saw a slap?” Deputy Dist. Atty. John Lonergan asked Sofsky.

“No, sir,” Sofsky responded.

“Is there any doubt in your mind that you saw this party of four acting in a rude and obnoxious manner?” the prosecutor continued.

“There’s no doubt,” Sofsky answered.

Lonergan also asked Bob Sofsky about a note Avalon had sent Sofsky the day after the incident. Included with the note was a check for $200. Sofsky testified he took the note--which began “Sorry about the incident last night . . . “--to be an apology.

In cross-examining Sofsky, defense attorney Lewis “Chuck” Samonsky cited comments the restaurateur and his wife have made in newspapers and tabloids since the incident and implied the couple were seeking to gain financially from the case.

Samonsky repeatedly questioned Sofsky and Thursday’s other witnesses on the possibility Alex Sofsky would file a civil lawsuit against Valli at the conclusion of the criminal trial.

Phillip Ceballos, the head waiter at the Secret Garden, testified that Frankie Avalon had commented to him that the prices for the five-course meal were too high and there was no reason waiters in Moorpark should be wearing tuxedos.

Ceballos said he did not see any slap but did notice bruises on Alex Sofsky’s arm after the incident.

Brandon Van Gieson, who was working as a parking valet the night of the dispute, said he observed only the Vallis and Avalons arguing with the Sofskys and left before Alex Sofsky says she was hit.

“Since I saw them arguing, I took it upon myself to pull up their car,” Van Gieson said.

As the women got into the car, Van Gieson testified, “They said, ‘Better find a new job because we’re going to own this place.’ ”

Although the foursome did not pay their $178 bill, Frankie Avalon, who lives in Thousand Oaks, tipped Ceballos and Van Gieson before leaving, both witnesses testified.

Avalon is expected to be called today as a prosecution witness in Superior Court Judge Herbert Curtis’ courtroom. The defense is expected to call Frankie Valli next week.