Week 18, Day 66 (Idiot In The Room)

We start out at 9:40AM because one of the jurors was late. Prosecuting DA Marlisa Ferreira calls Mike Dennis Maunakea to the stand. There is something really strange about this man. Maunakea starts answering questions from Marlisa Ferreira. He states that he knew Korey Kauffman for a period of 3-4 years beginning in 2008. He states that he lived on Kenwood Street in Turlock. Maunakea testifies that Korey Kauffman had come over to his house many times. Marlisa Ferreira did not ask him, but I know that Maunakea was Korey Kauffman’s drug dealer. Mike Maunakea looks to be fried by the use of drugs. He was having a birthday party for his daughter on September 10, 2011, when he heard a loud knock at his front door. He said he heard seven knocks. When he answered the door, Korey Kauffman came running into the house, and stood in the living room for 3-5 minutes. He starts fake crying on the stand as his testimony continues. He states that Korey Kauffman was wearing jean shorts only, and was bleeding from the head, knees, and his arms. Korey Kauffman told Maunakea that he had escaped from being locked inside the trunk of a dark colored car with tinted windows at the corner of Canal and Olive in Turlock. He described the car as being a dark colored Acura or Honda with tinted windows. Korey Kauffman told Maunakea that two brothers were trying to kill him. Maunakea says Korey Kauffman seemed to be irrational, and scared. He states that Korey Kauffman had come over to his house at least 2-3 times a week. He fake cries once again. Mike Maunakea, at that point, testifies that he looked out his front window, and saw a black car driving by with tinted windows. Maunakea now states that Korey Kauffman told him that: “They know where I am at, and where you live.” Maunakea states that Korey Kauffman went to the bedroom of his house. More crying from the stand. He states that Korey Kauffman was crying in the bedroom. Maunakea states that Korey Kauffman told him that the Pop N Cork brothers beat him up, and told him they were going to kill him, and that his wife Linda was present when Korey Kauffman said this. He states that they talked in the bedroom for around 10 minutes. Mike Maunakea now starts saying that Korey Kauffman tells him not to call the police. Marlisa Ferreira asks for, and immediately receives a side bar. This one takes an eternity. The jury is sent out of the courtroom.

Judge Zuniga tells Mike Maunakea that she needs him to just answer the question being asked, and to not add any additional information with his answer. She now tells Mike Maunakea to step down from the stand and leave the courtroom. We are now going to get into a lengthy legal argument about what Judge Zuniga will allow Mike Maunakea to testify to. The problem is that everything he is about to testify to is hearsay, and the defense will not be able to cross examine Korey Kauffman on the statements because he is now dead. There is only one exception to this rule, and the arguments from Marlisa Ferreira and the defense attorneys center on this exception.

Judge Zuniga starts out by citing case law that she has researched on this subject. She cites the People vs Brown, People vs Gonzalez, Justice Simon’s book, the People vs Pearch, and the People vs Morrison. Judge Zuniga states that she is going to go into her chambers and review the details of this case law. She is in her chambers forever.

It is now 11:00AM, and Judge Zuniga has returned to the courtroom. She tells Marlisa Ferreira that the burden is on her to prove that the testimony that she wants from Maunakea can be said on the stand in front of the jury. Marlisa states that the statements made by Maunakea were said in his residence, and were spontaneous. Marlisa Ferreira tells Judge Zuniga that the judge had only precluded one statement during the 402 hearing that was previously done concerning Mr. Maunakea’s testimony.

Judge Zuniga states that when she looked at the case law, they all centered on the testimony concerning an event. Marlisa Ferreira states that she wants to get in Maunakea’s statements concerning why he was told by Korey Kauffman not to call the police. Marlisa Ferreira tells Judge Zuniga that she does not know what she can trust Manuakea to say and to not say during his answers to her questions. Judge Zuniga says something about how these statements were not in Maunakea’s testimony during the 402 hearing. Marlisa Ferreira states that Mike Maunakea is describing the perpetrators and the reasons why he was told to not call the police. Judge Zuniga states that the central issue is whether or not Maunakea is describing an event.

Defense attorney Percy Martinez states that the person must describe an incident, and have no time to reflect and think about what is going on. Percy Martinez states that Mike Maunakea’s statements were made after reflection. Judge Zuniga states that the cases focus on the mental state of the speaker. She states that based on what was said in the 402 hearing, and Korey Kauffman’s injuries, that the evidence is in fact relevant. She states that Korey Kauffman was scared for his life. Judge Zuniga states that Mike Maunakea is precluded from saying that Frank Carson has friends in the police department as being a reason why Korey Kauffman did not want the police to be called.

It is now 11:40AM, and Mike Maunakea is brought back to the stand in the presence of the jury. Marlisa Ferreira very carefully asks Mike Maunakea some questions. Maunakea tells Marlisa that Korey Kauffman was scared for his life. Now he starts talking about how the person had many friends in the police department. I thought the judge had just said that he could not go into this. Mike Maunakea states that Korey Kauffman was frightened and had told him that Frank Carson had wanted Korey Kauffman to be killed. Mike Maunakea states that Korey Kauffman was at their house for around 30 minutes, and eventually went to the bathroom to clean up. Maunakea states that he followed him to the bathroom with a bucket of water and a dish towel. Maunakea says Korey Kauffman had blood on his face, had bruising over one eye, had his lip busted, and had a scrape on his chin. Maunakea says Korey Kauffman said the Pop N Cork brothers had him locked in the trunk of their car when he was able to escape from the trunk. Korey Kauffman told Maunakea that the Pop N Cork brothers chased him through the neighborhood, and he had to jump over three fences to get away from them and get to Maunakea’s house.

Mike Maunakea, after being refreshed, states that Korey Kauffman told him that Frank Carson had told the Pop N Cork brothers to beat him up, kill him, and go somewhere to dispose of the body. Mike Maunakea states that all of this happened in the late afternoon or early evening. He states that it was not dark when this happened. Marlisa Ferreira has no further questions at this time.

Percy Martinez takes over on cross examination. We only have a few minutes left before our lunchtime break. Percy starts asking Maunakea about the date that this allegedly occurred. Maunakea could not specifically say that it was on September 10, 2011. Percy reminds Maunakea that he had said it was on his daughter’s birthday when they were having a party. Maunakea agrees it was on September 10, 2011. Percy Martinez asks Maunakea if he called the police. Maunakea: “No.” Maunakea testifies that he saw Korey Kauffman at least 2-3 times a week since around March of 2009. Maunakea states that he spoke to Kirk Bunch on 06/21/2017. Percy Martinez asks Maunakea why he had not spoken to the investigators earlier. Manuakea states that he had been on probation, and had been threatened by several Turlock Police Department Officers to not say anything. Percy Martinez asks Maunakea who on the Turlock Police Department told him to not to say anything. Maunakea states: “Conan, and Officer Jason Watson.” Percy asks Maunakea if “Conan” was an officer named Baucham. Maunakea says: “Yes.” Percy: “Did these officers threaten you?” Maunakea: “Yes.” Percy asks Maunakea if these two officers had raided his house and taken items including a tape recorder. Maunakea: “Yes.” Apparently, there was a tape recording on this tape recorder that was taken. Maunakea states that he was the one who had offered the tape recorder to Korey Kauffman. We are now out of time. Please listen to Marty Carlson’s Podcast tonight to hear what happens in the afternoon session. We are supposed to finish the Bail Hearing concerning Frank Carson and the Athwal Brothers at 3:00PM. I will be shocked if Judge Zuniga revokes their release from jail, but I will not put anything past this judge.

Sincerely: William Thomas Jensen (Tom)