Good Evening Everybody! This is Marty from Dawg’s Blog. Tonight’s podcast for 9/5/2018. Tom’s report is up. You probably listened to the noontime report. Michael Maunakea is still on the stand. There have been all kinds of issues that have come up. They did all those motions yesterday in regard to him and his history of trying to work off some of his beefs, according to the defense.
Jury was back today. Michael Maunakea back on the stand and they went through and everything he said during the trial now, they referred back to his testimony in the 402 hearing in July 17-18, 2018 and the story is a little different. They are impeaching him on just about everything he says. A big issue seems to be the plaque that has a real .38 caliber “detective special” revolver mounted on the plaque. It was some type of recognition for his service to CHP. Two somebodies in uniform shaking hands on the plaque. It is a confusing.
This afternoon they got into some of Michael Maunakea statements, his past arrests and then it got even crazier after that, to tell you the truth.
Jai Gohel started the afternoon with Michael Maunakea on the stand. Michael Maunakea: he dealt meth from 2009-2011 and in 2011 he was convicted of 11379 (transportation for sales). He said KK visited 2-3 times per week and bought meth with cash and then began exchanging property for the drugs, which included that plaque (CHP officers shaking hands with Frank Carson honoring his service). Michael Maunakea said KK told him he had been stealing from the Frank Carson property and when he exchanged the plaque with the revolver (a real, working revolver) he got an 8 ball and cash. The next day he returned and said they were going to get him if he didn’t give the plaque back. Michael Maunakea said KK said he was working and living with Frank Carson on Frank Carson property, which is a 5 acre lot somewhere, but he didn’t know where. He saw KK and Frank Carson meet in front of Dept #5 when Frank Carson walked up and shook his hand and said, “I’m your attorney for today”. Jai Gohel was doing a synopsis of Michael Maunakea testimony, reviewing it. (Percy Martinez and Hans Hjertonsson broked it down quite a bit about what he was saying now and what he was saying in prior testimony).
They talked about KK banging on the door on September 10, 2011, that a recording was made. Michael Maunakea said the recorder was taken by Turlock PD during a raid, which was in a closed dresser drawer, his underwear drawer. The recorder was never returned. He said the DA’s office never located the recorder and he’s never seen it since. In 2011 after the raid, a receipt was left at the residence and he immediately went and checked for the recorder and it was no longer in the underwear drawer. He tried several times to retrieve the recorder and the rest of his property. He tried to make an appointment. They also took his receipt that he had with him to identify the property. He said he was then assaulted by Turlock PD officers about 1 block from the Police Department (when it was over on Canal). I believe he said Canal and Palm. They were plainclothes officers. He was assaulted by an officer “Conan”. He was also assaulted by “Conan” at Emmanual Hospital with a Doctor present. At that time he was living on Kenwood by Canal. On June 21, 2017 interview with KB he said he approached the DA on his son’s court day the day before on June 20, 2017. (He is now saying he didn’t know this man was the DA on his son’s case – his son was facing a felony charge in a residential burglary. He said he told KB about being assaulted by Turlock PD and he said he told about the threats from Turlock PD “Keep your mouth shut, We’ve made people disappear”. He said he didn’t tell KB about the time at Emmanual Hospital when “Conan” assaulted him in front of a Doctor.
At 2:05pm (We started the afternoon at 1:38 pm) the Jury was sent out. This is what this case does. The DA gave Judge Zuniga a large, sealed, brown envelope with documents for the Judge to open. It was medical records from Emmanual Hospital of Michael Maunakea when he was at the hospital on the day he was assaulted by “Conan”. They had gotten written consent from Michael Maunakea, he signed a waiver form. Steve Jacobson went to Emmanual and went through the records and wrote a synopsis and brought it into court. The did an SDT (subpoena duces tecum) you have to go through the custodial officer at whatever business it is.
It was 4 pages of medical records with a face cover sheet. The records were for August 18, 2011. This was when they raided his house and took the tape recorder, August 18, 2011. (It is important that we remember this date!) Some of the documents were not redacted so the DA said she didn’t even see the records, but she was telling the Judge that there was information there that didn’t need to be shared. So she said there was information that needed to be redacted prior to being dispersed. Judge Zuniga had the DA review the records to see what she wants redacted and turned over to the defense. Judge Zuniga made a copy for each defense attorney. She told them they were keeping them, they can just review for now (The DA didn’t even want to do that). DA said she just wanted the private information redacted on pages 1-4 and the private opinion of the doctor. Judge Zuniga said it is not a Medical Record that can come in and she herself has some objections, again she gave them to the defense to look at. They all took a long time reviewing the records. The defense attorney had to go out and consult with each other.
I wrote a note in the margin of my notebook – “Soggy Bottom Boys” – this case keeps bogging down and we can’t get anything done!
Judge Zuniga says there are Medical Records that are not allowed to be turned into testimonials. First responders, Doctors that evaluate information cannot be turned into testimony. It is a right to privacy – they have a right to be treated – there should be no fear of them talking to the doctor about their issues and how things happen and it should not be used against them. Marlissa Ferriera says there is a hearsay exception, the defense objected to all of it. Judge Zuniga says most of it is hearsay and she was reading some case law and there is some legal basis as to medical records of hearsay. There was legal “mumbo-jumbo” that she was reading. She said the doctor that wrote the report and made the entries is quoting other people, for example a radiologist, is hearsay. The information is given for treatment or to diagnosis a problem cannot be turned into testimony. Judge Zuniga said a lot of it is not statements that go to an opinion, but goes back to what others say.
Marlissa Ferriera: It’s not opinion of statement if it all goes to the doctors opinion and the diagnosis and what happened and why it happened. Judge Zuniga asked for citations. Marlissa Ferriera was a little keyed up. When she’s sitting and watching her witnesses get hammered, she gets keyed up and starts firing off questions. She gives case citations, People vs. Cage, evidence code citations. Judge Zuniga started taking time to read all these citations (this also slows things down because Judge Zuniga is so thorough that she doesn’t get things done).
Judge Zuniga went again to the fact you cannot turn first responders reports into testimony. She was trying to get through to Marlissa Ferriera and started going slow to make her understand. Marlissa Ferriera again today is trying to argue with Judge Zuniga. She wouldn’t even let Judge Zuniga finish a sentence before she started arguing. I don’t’ know why she lets Marlissa Ferriera get away with that. The Judge told her to be more specific about what she wants entered per the evidence code. Marlissa Ferriera gave more citation, repeating what she said earlier. The Judge again noted some of the opinions by the doctors are echoed opinions of others statements. She says it is not allowed.
While we were waiting for all the attorneys to go through the paperwork. She also for some reason in the middle of all this turned in the Carmen Sabatino stipulation, she presented it to the court. The stipulation is ready and has been presented to the court. I don’t know if it has been signed or not. I’ll be able to get that soon and show everybody what’s going on.
One of the things Jai Gohel managed to get out is Michael Maunakea (I told you to remember the date, August 18, 2011) is when he said they raided his house and took the tape recording that KK had made and left the receipt on the table. He said they raided his house on August 18, 2011. He also said the recording was made on September 10. 2011 on his daughter’s birthday – one month after the recorder was confiscated! I noticed this earlier in the 402 Hearing when we were talking about this. He’s saying the tape recorder is out there and has the recording from September 10, 2011. But was confiscated on August 18, 2011.
Judge Zuniga also noted that talking about these medical records has her concerned about the Jury. There are two people on the Jury that have medical jobs. She is asking Marlissa Ferriera who is going to explain to all the other jurors all the medical issues in these reports. Judge Zuniga said they are going to turn to these two jurors and want them to explain it. It will cause some problems within the jury. The Judge is happy about this. Marlissa Ferriera said much of this is common knowledge, such as blood pressure, heart rate, basic test results, so the jury will understand as this is common knowledge. She wants to argue with the Judge again.
We took a break. They were still going over the paperwork.
We came back from break and the judge is advising that the medical report is a synopsis and is not allowed as testimony. Judge Zuniga is trying to get through to Marlissa Ferriera on this and Marlissa Ferriera is insisting these reports be allowed to go in. Apparently, she feels there is something in these reports that back up Michael Maunakea story about getting beaten by these officers when he was arresting on August 18, 2011, 5:30 – 6:00 pm. He’d had some type of seizure, he said he felt like he was having a heart attack in the back of the police car and was taken to the hospital. A small amount of details were shared with me, but I don’t know all of the details. So we’ll wait of all of it to come. Judge Zuniga is telling Marlissa Ferriera that you can’t do it this way, it is not how it works. Judge Zuniga said if you want this information in, subpoena the Doctor.
Finally around 3:34 pm the Jury comes back in. They came in at 1:38pm, out of the courtroom at 2:05 pm and come back in at 3:34 pm. (I talked to someone recently about how much time the jury has spent out of the courtroom, my guess is they’ve been out of the courtroom at least 50% of the time, between sidebars, going downstairs, being sent home). Marlissa Ferriera began her redirect of Michael Maunakea. For some reason she asked if he had a child with a birthdate in August. He says “No”. His son, Michael Vega Maunakea, was born July 5th. They don’t always celebrate the birthdays on the exact day. In 2011-2012 he was on probation, he said they never did probation searches. Objection! Marlissa Ferriera was on a rampant pace, she was pumped full of adrenaline. Leading questions, over and over and over again. (My personal opinion is that Marlissa Ferriera was that she didn’t have anything to lose by asking leading questions and didn’t ask questions properly). All objections were sustained. Another witness is going down in flames.
Talking about Turlock PC raids where he had talked to the officers about working off his crimes. There was an objection to the way she asked the question. She realized she had asked it totally wrong. Marlissa Ferriera said “I’ll withdraw the question”. Marlissa Ferriera looked at the jury and said “Sorry”! Judge Zuniga about crawled off the bench and said don’t address the Jury. Marlissa Ferriera has been pushing the Judge’s buttons all day long.
Marlissa Ferriera asked about when KK described in detail how he was locked the Pop ‘n Cork trunk, they beat him and were going to kill him. KK came in scared, bleeding, shaking and went into the bathroom and rolled himself up into a fetal position, crying. About this time, Michael Maunakea started sobbing on the stand.
One of the long, animated sidebars they had today, many members of the jury were watching Michael Maunakea very closely, while he was sobbing, crying and asking for tissue, blowing his nose right into the microphone. About half the jury was watching very closely and then I saw a smirk or two. Someone must have said something funny. They were very intent on him. They were done taking notes, I think they’ve made up their minds on him, like they did with Jim Cook.
When the DA went back to questioning Michael Maunakea, she asked why he never told anyone until 2017 about this matter. He said it was because he was on probation. She asked him about the bailiff, with the bailiff’s name, department number (very leading question) where he told the bailiff what he knew about KK, the bailiff told him his best recourse was to get out of the county and don’t contact anyone here. He said that occured in 2010 or 2011 in one of his personal court days. The problem with that is that KK didn’t go missing until the end of March 2012. So he’s really confused up there and got hammered pretty good on the stand. Michael Maunakea said the information was given after he saw the flyer. The flyer was up in 2012, but he’s saying the court dates were 2010 or 2011. Michael Maunakea says he felt guilty and couldn’t sleep and finally had to say something. He said there was no personal gain for his testimony and started crying on the stand again.
Michael Maunakea said KK was stealing from Frank Carson, but never said what specifically. He said Frank Carson was KK attorney and KK was working as a handyman to work off his ‘attorney bit” and was living on the Frank Carson property. Marlissa Ferriera asked if he ever saw Frank Carson and KK together at a table in a courtroom during a hearing? Michael Maunakea couldn’t recall.
Michael Maunakea was confused about when the gun plaque was stolen and returned. The incident was after KK had come to his house scared and banging on the door, having escaped from the Pop ‘n Cork trunk. But he will say a couple of different things in a few seconds. Apparently KK was still, according to Michael Maunakea, KK had been threatened, locked in a trunk, threatened to kill him and he still went back to stealing from Frank Carson. KK said the stolen items, watches, chains, a plaque, a TV and coins, all came from the Frank Carson property. He said he never saw KK steal anything personally. The person he knows as “Conan”, he was asked is his name, Jesse Backum (?) did he know Jesse Backum prior to him searching his house. He said “No”. Asked if Jesse Backum knew Frank Carson? Objections! But he said Backum never said he knew Frank Carson. He said Backum told him to keep his mouth shut and Backum never said he knew the Athwals. He had been to Pop ‘n Cork, but didn’t really know the Athwals. This conversation was happening after they raided his house and were transporting him to jail.
Another animated sidebar, called by the Judge. She doesn’t want to have sidebars when others request them, but she calls them all the time. He was asked if Backum ever talked to the Athwals in his presence? He said: No. Did Michael Maunakea ever go to Pop ‘n Cork. He said: No. He said Pop ‘n Cork knew where he lived, but didn’t know how they knew. Michael Maunakea was asked if an officer, Dominic Hernandez, talked about knowing Pop ‘n Cork or Frank Carson. Michael Maunakea said No.
He was asked about the yellow inventory sheet after the search. He doesn’t know what happened to the paper. Marlissa Ferriera asked if he took it to Turlock PD and he said yes, he thinks an employee took it, but didn’t give it back and then he was beat up one block away.
Marlissa Ferriera was having another document admitted. It was a set of pictures, apparently it was some of the items that may have been confiscated from his house. She kept asking him if he recognized any of the pictures. He was looking at them very close. He said “No, No, wait a minute that looks like my little gray tape recorder in the bottom corner. Again when he saw and responded that way he started crying again.
It was at the end of the day and that is all Marlissa Ferriera had that has been approved to talk about. They still need to decide about the medical record issue. The jury was sent home and will be coming back at 10 am tomorrow. Court is in session at 9 am and hopefully they can finish this other issue. Judge Zuniga is still trying to be clear with Marlissa Ferriera about reading the statues and is reminding her that she told her not to put Beverly Woody on the stand and it turned out to be a problem for her and she’s telling her this is the same way.
At 4:10 pm they were still talking about issues, off the record. I left, but I was told that the defense attorneys started looking at the pictures and the item he identified as a recorder, some of the defense attorneys feel it is a cell phone. It is hard to see. They are asking for colored pictures to be brought in tomorrow. We’ll see what happens in the morning.
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