| Docket # | Date | Docket | Defendant | Party |
|---|
| 1 | 12/16/2002 | Other
Converted
DOC ID: , DOC Name: COMPLAINT: ASSAULT AGAINST A POLICE OFFICER, Comments:
| JAE K SEONG
| PARROTT, GEORGE
|
| 2 | 12/19/2002 | Commitment to Circuit Court
Converted
DOC ID: CCJ1, DOC Name: COMMITMENT TO CIRCUIT COURT FOR JURY TRIAL FROM THE DISTRICT COURT; FIRST CIRCUIT; HONOLULU DIVISION; HPD 02429321; RELEASED TO APPEAR; SET 12/26/02; 8:30AM, Comments:
| JAE K SEONG
|
|
| 40 | 12/26/2002 | Minutes
9:26 A.M. (1C2112262002 VIDEO) CLERK C. ASATO PRESENT: DPA JEFFREY ALBERT; DPD SHIRLEY KAWAMURA;DEFENDANT PRESENT IN COURT. FIREARM AND COURT'S ADVISEMENTS READ TO DEFENDANT.DEFT HAD RECD A COPY OF THE COMPLAINT, WAIVED ORALREADING THEREOF AND ENTERED A PLEA OF NOT GUILTY. COURT ACCEPTED DEFT'S NOT GUILTY PLEA AND ASSIGNED CASE TO: PT JUDGE: CHAN JT WEEK: 2/10/2003 PTM DUE: 1/27/2003 DEFT'S RTA STATUS IS CONFIRMED. IF IN POSSESSION OF FIREARM AND AMMUNITION, DEFT TO EITHER DISPOSE OF THEM OR TURN THEM IN TO HPD.
| JAE K SEONG
|
|
| 3 | 12/27/2002 | Written Request for Disclosure
Converted
DOC ID: D, DOC Name: WRITTEN REQUEST FOR DISCLOSURE (SUBMITTED BY PROSECUTORS), Comments:
| JAE K SEONG
|
|
| 4 | 01/08/2003 | Defendant Req Materials & Inf
Converted
DOC ID: DRM, DOC Name: DEFENDANT'S REQUEST FOR MATERIALS & INFORMATION PURSUANT TO RULES 16 (B) & 12(D), HAWAII RULES OF PENAL PROCEDURE, Comments:
| JAE K SEONG
| Fukui, Tracy S.
|
| 5 | 01/08/2003 | Order Appointing Legal Counsel
Converted
DOC ID: OAPD, DOC Name: ORDER APPOINTING COUNSEL; FINDINGS AND RECOMMENDATIONS OF THE PUBLIC DEFENDER (PUBLIC DEFENDER APPOINTED LEGAL COUNSEL), Comments:
| JAE K SEONG
| Fukui, Tracy S.
|
| 6 | 01/10/2003 | Subpoena Duces Tecum
Converted
DOC ID: SDT, DOC Name: SUBPOENA DUCES TECUM; CUST OF REC AND/OR AUTH REP, HPD, HONOLULU POLICE COMMISSION, Comments:
| JAE K SEONG
| Fukui, Tracy S.
|
| 7 | 01/10/2003 | Subpoena Duces Tecum
Converted
DOC ID: SDT, DOC Name: SUBPOENA DUCES TECUM; CUST OF REC AND/OR AUTH REP HPD, INTERNAL AFFAIRS DIV, Comments:
| JAE K SEONG
| Fukui, Tracy S.
|
| 8 | 01/22/2003 | Other
Converted
DOC ID: , DOC Name: MOTION TO CONTINUE TRIAL DATE; DECLARATION OF COUNSEL (HRG 2/4/03 8:30AM), Comments:
| JAE K SEONG
| Fukui, Tracy S.
|
| 41 | 01/27/2003 | Minutes
CT REPORTER: H. HO CLERK: C. VALMOJADPA: G. PARROTT DPD: R. HIRONAKA 9:47AM CASE CALLED; APPEARANCES BY COUNSEL. DPD HIRONAKA NOTED DEFT NOT PRESENT & REQUESTED DEFT'S PRESENCE BE WAIVED. CT SO WAIVED. DPD HIRONAKA NOTED REPRESENTATIVE FROM HPD-IA WAS PRESENT THIS MORNING, HOWEVER THEY DID NOT HAVE ANY DOCUMENTS IN THEIR POSSESSION. DPD HIRONAKA FURTHER NOTED HE TRIED TO GET OTHERDOCUMENTS BUT WAS INFORMED HE NEEDED TO SUBMIT ANOTHER SUBPOENA DUCES TECUM FOR HPD AS THE CURRENT SUBPOENA IS FOR HPD - IA. CT TOOK NO FURTHER ACTION ON SUBPOENA. 9:48AM CONCLUDED.
| JAE K SEONG
|
|
| 9 | 01/31/2003 | Subpoena Duces Tecum
Converted
DOC ID: SDT, DOC Name: SUBPOENA DUCES TECUM C/R AND/OR AUTHORIZED REPRESENTATIVE; HONOLULU POLICE DEPARTMENT, Comments:
| JAE K SEONG
| Fukui, Tracy S.
|
| 42 | 02/04/2003 | Minutes
CT. REPORTER: H. NAKATA CLERK: T. KEOLANUI DPA: G. PARROTT DPD: T. FUKUI W/DEFT 9:36AM: CASE CALLED; APPEARANCES MADE BY COUNSEL & DEFT; DPD FUKUI NOTED WILL SUBMIT ON WRITTEN MOTION TO CONTINUE DPA PARROTT DEFERS TO COURT CT ADDRESSED DEFT RE R48 & SPEEDY TRIAL RIGHTS; DEFT ACKNOWLEDGED UNDERSTANDING, HAD NO QUESTIONS AND WAIVED HIS RIGHTS FOR PURPOSES OF THIS CONTINUANCE CT GRANTED DEFT'S M/CONT AND SET NTW 3/24/03, TRIAL CALL 3/17/03 AT 8:30AM DEFT TO APPEAR AND PTM 3/3/03 DEFENSE TO PREPARE ORDER 9:37AM: CONCLUDED.
| JAE K SEONG
|
|
| 10 | 02/11/2003 | Other
Converted
DOC ID: , DOC Name: ORDER GRANTING DEFENDANT'S MOTION TO CONTINUE TRIAL, Comments:
| JAE K SEONG
| Fukui, Tracy S.
|
| 11 | 02/24/2003 | Subpoena
Converted
DOC ID: SUB, DOC Name: SUBPOENA; CHUN HUI PAK, Comments:
| JAE K SEONG
| Aquino, Earl Edward Lazo
|
| 43 | 03/17/2003 | Minutes
CT. REPORTER: C. JORDAN CLERK: T. KEOLANUI DPA: G. PARROTT DPD: R. HIRONAKA FOR E. AQUINO W/DEFT 9:03AM: CASE CALLED; APPEARANCES MADE BY COUNSEL & DEFT; DPA PARROTT NOTED STATE READY TO PROCEED; DPD HIRONAKA NOTED DEFENSE READY TO PROCEED; DPA PARROTT NOTED 2-3 DAY TRIAL, 4 WITNESSES & R48 6/24/03; DPD HIRONAKA NOTED DEF HAS 2 WITNESSES; CT NOTED MATTER IS SET FOR TRIAL, PARTIES SHALL BE ON ONE HOUR STANDBY FOR FIVE DAYS BEGINNING MONDAY, IF MASTER CALENDAR CANNOT ACCOMODATE CASE FOR TRIAL, NEW TRIAL WEEK SHALL BE 5/5/03, TRIAL CALL 4/28/03 AT 8:30AM DEFT TO APPEAR; DEFT TO MAINTAIN CONTACT WITH ATTORNEY; DPD HIRONAKA NOTED RECEIVED 1 PAGE DOC, WILL MAKE COPY FOR STATE; CT SO NOTED; 9:05AM: CONCLUDED.
| JAE K SEONG
|
|
| 44 | 03/21/2003 | Minutes
********IN CHAMBERS CONFERENCE-OFF RECORD*********DPA: G. PARROTT CLERK: T. KEOLANUI DPD: E. AQUINO 11:01AM: DISCUSSION HELD: DPA PARROTT NOTED 2 PGS OF DISCOVERY WERE NOT COPIED; DEF RECEIVED YESTERDAY; WILL INFORM POLICE OFFICER TO CONTACT DPD; STANDARD M/LIMINE; 5 WITNESSES; DPD AQUINO NOTED IMMIGRATION ISSUES; NEED TO TALK W/WITNESS RE DISCOVERY JUST RECEIVED; STANDARD M/LIMINE; 1 WITNESS; NEED KOREAN INTERPRETER; CT INFORMED COUNSEL, M/LIMINE WILL BE MONDAY, MARCH 24, 2003 AT 2:00PM, JURY SELECTION TUESDAY, MARCH 25, 2003 AT 9:00AM WITH OPENING & EVIDENCE TO BEGIN IN THE AFTERNOON; COUNSEL NOTED WILL SUBMIT PROPOSED JURY INSTRUCTIONS; 11:14AM: CONCLUDED.
| JAE K SEONG
|
|
| 12 | 03/24/2003 | Other
Converted
DOC ID: , DOC Name: DEFT'S MOTION IN LIMINE; DECLARATION OF COUNSEL; MEMORANDUM IN SUPPORT OF MOTION IN LIMINE; CS, Comments:
| JAE K SEONG
| Aquino, Earl Edward Lazo
|
| 13 | 03/24/2003 | Other
Converted
DOC ID: , DOC Name: DEFT'S PROPOSED JURY INSTRUCTIONS, Comments:
| JAE K SEONG
| Aquino, Earl Edward Lazo
|
| 14 | 03/24/2003 | Other
Converted
DOC ID: , DOC Name: DEFT'S WITNESS & EXHIBIT LIST, Comments:
| JAE K SEONG
| Aquino, Earl Edward Lazo
|
| 15 | 03/24/2003 | Other
Converted
DOC ID: , DOC Name: STATE'S MOTION IN LIMINE; DECLARATION OF COUNSEL; MEMORANDUM IN SUPPORT OF STATE'S MOTION IN LIMINE;NOTICE OF MOTION, Comments:
| JAE K SEONG
| PARROTT, GEORGE
|
| 16 | 03/24/2003 | Other
Converted
DOC ID: , DOC Name: STATE'S WITNESS LIST, Comments:
| JAE K SEONG
|
|
| 45 | 03/24/2003 | Minutes
2/4/03: JG CHAN GRTD DEFT M/CONT; NTW 3/24 TRIAL CALL 3/17 & PTM 3/3
| JAE K SEONG
|
|
| 46 | 03/24/2003 | Minutes
CT. REPORTER: K. TOTMAN CLERK: T. KEOLANUI DPA: G. PARROTT DPD: E. AQUINO W/DEFT KOREAN INTERPRETER: ESTHER CHO 2:18PM: CASE CALLED; APPEARANCES MADE BY COUNSEL & DEFT; OATH ADMINISTERED TO MS. CHO DPD AQUINO NOTED HE KNOWS OFFICER CAMPBELL, DISCLOSED TO DEFT, ADVISED DEFT NO CONFLICT TO CASE, DEFT STATED NO PROBLEMS WITH COUNSEL; CT ADDRESSED DEFT; DEFT ACKNOWLEDGED UNDERSTANDING SITUATION; CT FINDS NO CONFLICT BASED UPON CIRCUMSTANCES; DPD AQUINO NOTED POTENTIAL WITNESS PROBLEMS; HAVE CALLED WITNESS TWICE AND HAVE RECEIVED NO RETURN CALLS; IN ANTICIPATION OF THAT PROBLEM, IF DEFT DOES NOT APPEAR, DEF WILL REQST BW, & POTENTIAL WITNESS IS PD INVESTIGATOR; DPA PARROTT NOTED IF DEFT DOESN'T APPEAR, CAN TAKE UP MATTER AT THAT TIME, SUGGEST WITNESS BE AVAILABLE TUES PM, STATE ANTICIPATES FINISHING; DPD AQUINO NOTED ONLY INTENDING TO CALL ONE WITNESS, HAVE DISCUSSED W/CLIENT RIGHT TO TESTIFY; DPA PARROTT NOTED 5 WITNESSES TUES PM; CT NOTED INCLINED TO LET JURORS GO AFTER STATE'SCASE; RE M/LIMINES: CT GRANTED STATE'S A-E; CT GRANTED DEF 1-4, 5 A&C, 5 B&D CT DEFERRED RULING, 6&7 GRANTED, 8 CT DEFERRED RULING, 9 CT GRANTED (VICTIM TO BE USED ONLY IN CLOSING), 10&11ARE GRANTED; CT NOTED JURY SELECTION TO BEGIN 9:00AM ON TUESDAY, MARCH 25, 2003; CT ADDRESSED DEFT RE HIS RIGHTS UNDER ST V TACHIBANA; 2:48PM: CONCLUDED.
| JAE K SEONG
|
|
| 47 | 03/25/2003 | Minutes
CT. REPORTER: K. TOTMAN CLERK: T. KEOLANUI DPA: G. PARROTT DPD: E. AQUINO W/DEFT KOREAN INTERPRETER: ESTHER CHO 9:00AM: PARTIES PRESENT, JURY BROUGHT IN, CASE CALLED, APPEARANCES MADE; CT QUESTIONED HOW MANY PROSPECTIVE JURORS PRESENT; LAW CLERK STATED 33 NO CHALLENGES BY COUNSEL CT ADDRESSED PROSPECTIVE JURORS 9:08AM: VOIR DIRE OATH ADMINISTERED TO PROSPECTIVE JURORS CT ADDRESSED GALLERY; EXCUSES TAKEN AT BENCH 9:12AM: JURY SELECTION COMMENCED; CT ADDRESSED PROSPECTIVE JURORS IN BOX & GALLERY 9:37-9:38AM: DEFENSE REQST BENCH CONF, ON REC 9:43-10:02AM: ST REQST BENCH CONF, ON RECORD; QUESTIONS POSED TO PROSPECTIVE JURORS #S 22, 23 & 21, BY COUNSEL & THE CT 10:03AM: PROSPECTIVE JURORS EXCUSED, CT RECESSED 10:23AM: BACK ON REC, PARTIES PRESENT, JURY BROUGHT IN; CT ADDRESSED PROSPECTIVE JURORS 10:28-10:38AM: DEF REQST BENCH CONF, ON REC; COUNSEL & COURT QUESTIONED JUROR #S 26 & 19 AT BENCH 10:40-10:41AM: DEF REQST BENCH CONF; ON RECORD 10:59-11:23AM: VOIR DIRE BY DPA PARROTT 11:23-11:25AM: BENCH CONFERENCE 11:25AM: JURY EXCUSED, CT RECESSED 11:46AM: BACK ON REC, PARTIES PRESENT, JURY BROUGHT IN 11:48-12:16PM: VOIR DIRE BY DPD AQUINO 12:02-12:03PM: ST REQST BENCH CONF, ON RECORD 12:16-12:17PM: ST REQST BENCH CONF, ON RECORD 12:18: JURY EXCUSED, CT RECESSED 1:35PM: BACK ON RECORD, PARTIES PRESENT, JURY BROUGHT IN; CT ADDRESSED PROSPECTIVE JURORS 1:37PM: PEREMPTORY CHALLENGES BEGIN 1:48-1:49PM: BENCH CONF, ON REC; CT & COUNSEL QUESTIONED JUROR # 24 AT BENCH 1:58-2:02PM: BENCH CONF, ON RECORD; CT & COUNSELQUESTIONED JUROR #17 AT BENCH 2:12-2:20PM: BENCH CONF, ON RECORD; CT & COUNSEL QUESTIONED JUROR #18 AT BENCH 2:23-2:25PM: BENCH CONF, ON RECORD; CT & COUNSELQUESTIONED JUROR #20 AT BENCH ----------SEE PHASE T FOR CONTINUATION------------
| JAE K SEONG
|
|
| 48 | 03/25/2003 | Minutes
2:35PM: JURY EXCUSED, CT RECESSED 2:56PM: BACK ON RECORD, PARTIES PRESENT, JURY BROUGHT IN 2:59-3:04PM: BENCH CONF, ON RECORD; CT & COUNSEL QUESTIONED JUROR #11 AT BENCH 3:21PM: BENCH CONFERENCE, ON RECORD 3:23-3:27PM: BENCH CONFERENCE, ON RECORD; CT & COUNSEL QUESTIONED JUROR #29 AT BENCH 3:27-3:29PM: BENCH CONFERENCE, ON RECORD 3:34PM: TRIAL OATH ADMINISTERED TO JURY IN BOX; CT EXCUSED REMAINING JURORS IN GALLERY 3:35PM: CT ADDRESSED JURY IN BOX, PARTIES TO RETURN ON THURSDAY, 3/27/03 AT 9:00AM 3:49PM: JURY EXCUSED DPA PARROTT REQST CT ORDER WITNESSES TO RETURN ON THURSDAY CT ORDERED OFFICERS TANAKA, CAMPBELL & WHIMS TO RETURN THURSDAY AT 9:00AM AND OFFICERS DARLEY AND SANTOS TO RETURN ON THURSDAY AT 11:00AM CT NOTED DEF WITNESS SHOULD APPEAR THURSDAY AT 1:30PM DPA PARROTT NOTED ON RETURN FROM EACH BREAK, COUNSEL & DEFT WERE PRESENT 3:52PM: CT ADJOURNED
| JAE K SEONG
|
|
| 17 | 03/27/2003 | Bench Warrant Circuit Criminal
Converted
DOC ID: BW, DOC Name: BENCH WARRANT - JAE KYONG SEONG (BAIL $500.00) (RECALLED 3/31/03 ), Comments:
| JAE K SEONG
|
|
| 49 | 03/27/2003 | Minutes
CT. REPORTER: K. TOTMAN CLERK: T. KEOLANUIDPA: G. PARROTT DPD: E. AQUINO W/DEFT KOREAN INTERPRETER: ESTHER CHO 9:01AM: PARTIES PRESENT, JURY BROUGHT IN, CASE CALLED, APPEARANCES MADE; CT ADDRESSED JURY 9:03-9:11AM: OPENING STATEMENT BY DPA PARROTT 9:11-9:13AM: OPENING STATEMENT BY DPD AQUINO 9:15-9:37AM: DIRECT TESTIMONY OF OFFICER JASON TANAKA, HPD 9:18AM: WITNESS ID DEFT 9:25-9:35AM: ST REQST BENCH CONF, ON RECORD 9:38-9:59AM: CROSS EXAMINATION BY DPD AQUINO 9:40-9:41AM: BENCH CONF, ON RECORD 9:45-9:51AM: ST REQST BENCH CONF, ON RECORD 9:59AM: JURY EXCUSED, CT RECESSED 10:15AM: BACK ON RECORD, PARTIES PRESENT, JURY BROUGHT IN 10:16-10:29AM: CONTINUATION OF CROSS EXAMINATION 10:27-10:28AM: ST REQST BENCH CONF, ON RECORD 10:29-10:36AM: RE-DIRECT 10:36-10:39AM: RE-CROSS 10:39-10:40AM: RE-DIRECT 10:40AM: RE-CROSS ST REQST WITNESS STAY FOR POSSIBLE RE-BUTTAL, CT SO NOTED 10:40-10:52AM: DIRECT TESTIMONY OF ISAAC WIMS 10:43AM: WIT ID DEFT 10:52-10:53AM: DEF REQST BENCH CONF, ON RECORD 10:53-11:13AM: CROSS EXAM BY DPD AQUINO 11:12-11:13AM: ST REQST BENCH CONF, ON RECORD 11:13AM: JURY EXCUSED, CT RECESSED 11:31AM: BACK ON RECORD, PARTIES PRESENT, JURY BROUGHT IN 11:32-11:35AM: RE-DIRECT 11:33-11:34AM: DEF REQST BENCH CONF, ON RECORD 11:35-11:37AM: RE-CROSS 11:37AM: WITNESS EXCUSED 11:37AM: 11:59AM: DIRECT TESTIMONY OF OFFICER ADAM CAMPBELL 11:43AM: WITNESS ID DEFT 11:45-11:46AM: BENCH CONF, ON RECORD 11:54-11:55AM: BENCH CONF, ON RECORD 11:57-11:58AM: ST REQST BENCH CONF, ON RECORD 11:59AM: DEF REQST BENCH CONF, ON RECORD 12:00PM: CT ADDRESSED JURY, JURY EXCUSED, CT RECESSED -------------SEE PHASE T FOR CONTINUATION---------
| JAE K SEONG
|
|
| 50 | 03/27/2003 | Minutes
SUBPOENAED, MALE DID SHOW UP & DISAPPEARED CT GRANTED MOTION TO CONTINUE & ORDERED BW TO ISSUE IN AMOUNT OF $500 LAW CLERK NOTED THREE CALLS WERE MADE FOR WITNESS CHUN HUI PAK AT 3:46PM WITH NO APPEARANCE;CT SO NOTED & STATED OBSERVED SAID WITNESS APPEAR IN COURT, DEF COUNSEL TOLD HIM TO WAIT OUTSIDE DPD AQUINO REQST BW STAY UNTIL TOMORROW MORNING CT NOTED WILL RECALL BW TOMORROW MORNING IF DEF COUNSEL CONTACTS DEFT DPA PARROTT REQST BW ISSUE TODAY & NOTED READY TO PROCEED WITH SETTLEMENT OF JURY INSTRUCTIONS CT NOTED OUT OF PRESENCE OF JURY, PARTIES PRESENT, BEGIN SETTLEMENT OF JURY INSTRUCTIONS 4:16PM: CT ADJOURNED.
| JAE K SEONG
|
|
| 51 | 03/27/2003 | Minutes
1:40PM: BACK ON RECORD, PARTIES PRESENT, JURY BROUGHT IN 1:40-1:58PM: CROSS EXAMINATION BY DPD AQUINO 1:58-1:59PM: RE-DIRECT 1:59-2:00PM: RE-CROSS 2:00-2:01PM: RE-DIRECT 2:01PM: WITNESS EXCUSED 2:02-2:17PM: DIRECT TESTIMONY OF OFFICER THOMAS DARLEY, HPD 2:09-2:14PM: DEF REQST BENCH CONF, ON RECORD 2:15PM: JURY EXCUSED 2:16PM: OUTSIDE PRESENCE OF JURY, CT ADDRESSED WITNESS RE TESTIMONY 2:17PM: CT RECESSED 2:34PM: BACK ON RECORD, PARTIES PRESENT, JURY BROUGHT IN 2:35-2:42PM: CONTINUATION OF DIRECT TESTIMONY 2:38PM: WITNESS ID DEFT 2:42-2:57PM: CROSS EXAMINATION BY DPD AQUINO 2:46-2:47PM: ST REQST BENCH CONF, ON RECORD 2:57-3:06PM: RE-DIRECT 3:01-3:02PM: ST REQST BENCH CONF, ON RECORD 3:04-3:05PM: ST REQST BENCH CONF, ON RECORD 3:06-3:08PM: RE-CROSS 3:08PM: WITNESS EXCUSED 3:08PM: STATE RESTS 3:09-3:11PM: BENCH CONF, ON RECORD; DEF ORALLY MOVED FOR JUDGMENT OF ACQUITTAL & GAVE ARGUMENT; CT DENIED ORAL MOTION & NOTED IN LIGHT MOST FAVORABLE TO STATE, STATE HAS MET ITS PRIMA FACIE CASE 3:11PM: JURY EXCUSED, CT RECESSED 3:47PM: BACK ON RECORD, PARTIES PRESENT, JURY BROUGHT IN 3:48PM: BENCH CONF, ON RECORD 3:49PM: CT ADDRESSED JURY, TO RETURN TOMORROW AT 9:00AM; JURY EXCUSED 3:50PM: OUTSIDE PRESENCE OF JURY DPD AQUINO NOTED BEFORE 3:00PM, WITNESS THAT WAS SUBPOENAED APPEARED, PRIOR TO 1ST RECESS THIS AFTERNOON, COUNSEL INFORMED COURT OF WITNESS PROBLEMS, SPOKE WITH WITNESS ON MONDAY AND TOLD HIM TO APPEAR HERE AT 8:30AM, CALLED AGAIN & LEFT MESSAGE TO BE HERE AT 1:30PM; DEF REQST BW & CONT CASE UNTIL TOMORROW; THIS IS AN EYE WITNESS DPA PARROTT STATED NO OBJECTION, REQST ENTER BW AT THIS TME, UPON REPRESENTATION, DEFT WAS ----------SEE PHASE U FOR CONTINUATION------------
| JAE K SEONG
|
|
| 18 | 03/28/2003 | Other
Converted
DOC ID: , DOC Name: COMMUNICATION N O 1 FROM THE JURY, Comments:
| JAE K SEONG
|
|
| 19 | 03/28/2003 | Other
Converted
DOC ID: , DOC Name: VERDICT - GUILTY, Comments:
| JAE K SEONG
|
|
| 52 | 03/28/2003 | Minutes
PRIOR ARGUMENTS CT DENIES M/JOA, FINDS STATE HAS MADE PRIMA FACIE CASE & IN LIGHT MOST FAVORABLE TO STATE IT IS APPROPRIATE TO SEND MATTER TO JURY 9:57AM: JURY BROUGHT IN, APPEARANCES MADE DPD AQUINO NOTED DEFENSE RESTS CT NOTED WILL READ INSTRUCTIONS TO JURY & COPIESARE PROVIDED FOR JURORS 10:18-10:44AM: CLOSING STATEMENT BY DPA PARROTT 10:28-10:29AM: DEF REQST BENCH CONF, ON RECORD 10:32-10:35AM: DEF REQST BENCH CONF, ON RECORD 10:44AM: JURY EXCUSED OUTSIDE PRESENCE OF JURY, COUNSEL REVIEWED COMMUNICATION AND VERDICT FORMS 10:46AM: CT RECESSED 11:01AM: BACK ON RECORD, PARTIES PRESENT, JURY BROUGHT IN 11:02-11:28AM: CLOSING STATEMENT BY DPD AQUINO 11:08AM: ST REQST BENCH CONF, ON RECORD 11:12AM: BENCH CONF, ON RECORD 11:14AM: BENCH CONF, ON RECORD 11:29-11:32AM: STATE'S RE-BUTTAL 11:32AM: CT THANKED AND EXCUSED ALTERNATE JUROR 11:33AM: OATH ADMINISTERED TO BAILIFF CT ADDRESSED JURY 11:37AM: JURY EXCUSED, DELIBERATIONS COMMENCED DPA PARROTT NOTED THAT OFF RECORD, COUNSEL REVIEWED VERDICT & COMMENT FORMS, NOTED VERDICT FORMS WERE INCONSISTENT WITH 8.04, COUNSEL AGREED TO HAVE NOT GUILTY, GUILTY AAPO & GUILTY AS3 CT INFORMED COUNSEL TO REVIEW NEW VERDICT FORMS COUNSEL NOTED NO OBJECTIONS TO MODIFIED FORMS CT NOTED COUNSEL HAS REVIEWED MODIFIED VERDICT FORMS & THERE ARE NO OBJECTIONS 11:40AM: CT RECESSED 12:50PM: JURY LUNCH IN DELIBERATION ROOM 3:22PM: BACK ON RECORD, PARTIES PRESENT, JURY BROUGHT IN CT QUESTIONED FORPERSON IF JURY HAS REACHED A VERDICT & IF VERDICT FORM WAS SIGNED & DATED; MR. VIERRA ANSWERED IN THE AFFIRMATIVE AND PRESENTED VERDICT FORM TO THE LAW CLERK 3:24PM: VERDICT FORM READ-GUILTY OF ASSAULT AGAINST A POLICE OFFICER 3:24PM: DPD AQUINO REQST POLL OF JURY-POLL RESULTS UNANIMOUS 3:25PM: CT RECEIVED VERDICT & ADJUDGED DEFT --------SEE PHASE U FOR CONTINUATION--------------
| JAE K SEONG
|
|
| 53 | 03/28/2003 | Minutes
CT. REPORTER: K. TOTMAN CLERK: T. KEOLANUI DPA: G. PARROTT DPD: E. AQUINO W/DEFT KOREAN INTERPRETER: ESTHER CHO 9:34AM: CASE CALLED; APPEARANCES MADE DPD AQUINO NOTED PROVIDED CT & STATE WITH COPY OF ST V. HOBRON & OBJECTED TO USE OF ATTEMPTED INSTRUCTION; REQST CT WITHDRAW & GAVE ARGUMENTS; DPA PARROTT OBJECTED TO WITHDRAWAL AND TO FACTS OF DEFENSES ARGUMENTS; ST GAVE ARGUMENTS CT FINDS BASED UPON ST. V HOBRON, CT MUST REFUSE ATTEMPT INSTRUCTION & ATTEMPT CHARGE CANT BE ALLOWED; FOLLOWING CASE LAW, OVER STATE'S OBJECTION, CT WILL REFUSE 5.01, WHICH LEADS TO MODIFYING 5.02 & 8.04; CT NOTED REFUSAL & MODIFICATIONS ARE OVER STATE'S OBJECTION DPD AQUINO NOTED PRIOR TO HEARING THIS MORNING, SPOKE WITH DEFT THRU INTERPRETER AND ADVISED HIM OF STRENGTHS/WEAKNESSES OF STATE'S CASE, TOLD DEFTHE HAS OPTION TO TESTIFY OR NOT; REQST CT COLLOQUY DEFT CT ADDRESSED DEFT RE HIS RIGHTS UNDER STATE V TACHIBANA; DEFT ACKNOWLEDGED UNDERSTANDING & NOTEDIT IS HIS DECISION NOT TO TESTIFY DPD AQUINO NOTED DEF HAS A MISSING WITNESS; SPOKE W/DEFT RE SUBJECT OF WITNESSES TESTIMONY, LEFT IT UP TO DEFT WHETHER OR NOT WANT WITNESS TO TESTIFY OR NOT; IF DEFT WAIVES, DEF IS READY TO CLOSE, IF DEFT DOESNT WAIVE, DEF WILL REQST CONT CT ADDRESSED DEFT RE MISSING WITNESS; DEFT ACKNOWLEDGED UNDERSTANDING & STATED DO NOT WANT A CONTINUANCE & GIVES UP RIGHT FOR WITNESS TO TESTIFY & PROCEED WITH CLOSING CT FINDS DEFT KNOWINGLY & VOLUNTARILY WAIVED HIS RIGHTS TO TESTIFY & HAVE ANY OTHER WITNESS TESTIFY ON HIS BEHALF DPD AQUINO NOTED STATE OBJECTS TO PAGE 3 OF DEF POWER POINT DPA PARROTT NOTED DEF WILL WITHDRAW PG 2 & DOES OBJECT TO PAGE 3 & GAVE ARGUMENTS DPD AQUINO GAVE ARGUMENTS ALLOWING PG 3 CT NOTED WILL REFER TO CTS INSTRUCTIONS TO JURY CT NOTED RE DELETED INSTRUCTIONS, BECAUSE WERE ADMITTED YESTERDAY & DO NOT APPLY TODAY, THUS THEY ARE WITHDRAWN BY AGREEMENT OF COUNSEL DPD AQUINO ORALLY MOVED FOR JOA & GAVE ARGUMENTS DPA PARROTT OBJECTED, GAVE ARGUMENTS & RESTED ON-----------SEE PHASE T FOR CONTINUATION-----------
| JAE K SEONG
|
|
| 54 | 03/28/2003 | Minutes
GUILTY AS CHARGED; CT SET SENTENCING FOR 6/16/03 AT 1:30PM, DEFT IS REFERRED TO ASB FOR PSI REPORT 3:26PM: CT THANKED AND EXCUSED JURY 3:27PM: CT NOTED COMMUNICATION #1 AND STATED WE HAVE REACHED A VERDICT DPA PARROTT QUESTIONED IF DEFT IS REFERRED TO ASB OR APD; CT CLARIFIED WILL BE REFERRED TO THE NEW ONE TIER PROBATION DEPT AT CIRCUIT COURT 3:28PM: CONCLUDED. --------------------------------------------------MINUTE ORDER: 3/31/03 PURSUANT TO DPA PARROTT STATING THERE IS A STIPULATION BY COUNSEL; BW FOR WITNESS CHUN HUI PAK WAS RECALLED WITH CORRINE OF HPD WARRANTS ON 3/31/03 AT 8:10AM.
| JAE K SEONG
|
|
| 20 | 03/31/2003 | Other
Converted
DOC ID: , DOC Name: ORDER RECALLING & CANCELLING BENCH WARRANT, Comments:
| JAE K SEONG
|
|
| 21 | 03/31/2003 | Other
Converted
DOC ID: , DOC Name: INSTRUCTIONS TO THE JURY IN THE ORDER IN WHICH THEY WERE READ, Comments:
| JAE K SEONG
|
|
| 22 | 03/31/2003 | Other
Converted
DOC ID: , DOC Name: COURT'S PROPOSED JURY INSTRUCTIONS, Comments:
| JAE K SEONG
|
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| 55 | 06/16/2003 | Minutes
MINUTE ORDER 5/2/03: PURSUANT TO COURT'S REQUEST, SENTENCING RESCHEDULED TO 6/23/03 AT 1:30PM, CTRM. 5B. BOTH PARTIES NOTIFIED VIA TELEPHONE & BY COPY OF MINUTE ORDER IN THEIR RESPECTIVE COURT JACKETS.
| JAE K SEONG
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| 56 | 06/23/2003 | Minutes
CT REPORTER: S. HULIHEE JUDGE: HON. H. GANGNES 2:20PM CASE CALLED WITH DPA G. PARROTT AND DPD E. AQUINO PRESENT WITH DEFENDANT AND MS. CHO. COUNSEL ACKNOWLEDGED RECEIPT OF THE PSI; NO CORRECTIONS OR ADDITIONS WERE NOTED. HOWEVER, DEFENDANT REQUESTED A CONTINUANCE OF SENTENCING ASA LETTER FROM DEFENDANT'S PASTOR WAS SUBMITTED TO APD BUT IT DOES NOT APPEAR IN THE PSI. REPRESENTATIONS BY MR. PARROTT. THE COURT NOTED THAT THE LETTER WAS SUBMITTED TOAPD AFTER THE PSI WAS COMPLETED; FURTHER, THERE IS SUFFICIENT INFORMATION CONTAINED IN THE PSI TO PROCEED WITH SENTENCING. THE COURT DENIED THE DEFENDANT'S MOTION TO CONTINUE. ARGUMENTS BY COUNSEL RE SENTENCING. DEFENDANT ADDRESSED THE COURT. THE COURT SENTENCED DEFENDANT TO PROBATION FOR 1 YEAR WITH MANDATORY AND SPECIAL CONDITIONS: 1) SERVE 30 DAYS JAIL WITH 2 DAYS CREDIT, MITTIMUS EFF FORTHWITH; 2) OBT/MAINTAIN EMPLOYMENT; 3) PAY $50 CVCF FEE AT $10/MONTH ETC; 4) PAY $75 PROBATION FEE; 5) NOT POSSESS/CONSUME ALCOHOL ETC;6) SUBMIT TO URINALYSIS ETC; 7) SUBMIT TO DRUG/ ALCOHOL ASSESSMENT ETC; 8) OBT/MAINTAIN SUBSTANCE ABUSE TREATRMENT ETC; 9) SUBMIT AT REASONABLE TIMES TO SEARCH OF PERSON ETC; 10) OBT/MAINTAIN MENTAL HEALTH TRTMT/SERVICES ETC. MR. AQUINO ORALLY MOVED TO STAY THE ENTIRE SENTENCE PENDING APPEAL. MR. PARROT REQUESTED THAT THE COURT SET BAIL. THE COURT GRANTED THE DEFENDANT'S MOTION AND STAYED THE SENTENCE PENDING APPEAL ON CONDITIONS THAT DEFENDANT 1) POST $250 BAIL WITHIN 30 DAYS; AND 2) NOT COMMIT ANY STATE OR FEDERAL CRIME. THE COURT ALSO SET A HEARING ON 8/4/03 AT 1:3OPM FOR EXECUTION OF MITTIMUS OR CONFIRM WHETHER AN APPEAL WAS FILED. 2:50PM CONCLUDED.
| JAE K SEONG
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| 23 | 07/21/2003 | Judgment of Conviction
Converted
DOC ID: JGP, DOC Name: JUDGMENT; GUILTY CONVICTION AND PROBATION SENTENCE; NOTICE OF ENTRY (PROB 1 YR; CRIME VICT COMP FEE $50; PROB FEE $75), Comments:
| JAE K SEONG
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| 24 | 07/21/2003 | Mittimus
Converted
DOC ID: MIT, DOC Name: MITTIMUS (WARRANT OF COMMITMENT TO JAIL) (EFFECTIVE IMMEDIATELY), Comments:
| JAE K SEONG
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| 25 | 07/22/2003 | Notice of Appeal
Converted
DOC ID: NOA, DOC Name: NOTICE OF APPEAL AND EXHIBIT "A", Comments:
| JAE K SEONG
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| 26 | 07/24/2003 | Other
Converted
DOC ID: , DOC Name: REQUEST FOR TRANSCRIPT OF PROCEEDINGS FOR RECORD ON APPEAL (K. TOTMAN - 3/24, 3/27, & 3/28/03), Comments:
| JAE K SEONG
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| 27 | 07/24/2003 | Other
Converted
DOC ID: , DOC Name: REQUEST FOR TRANSCRIPT OF PROCEEDINGS FOR RECORD ON APPEAL (S. HULIHEE - 6/23/03), Comments:
| JAE K SEONG
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| 57 | 08/04/2003 | Minutes
** CT. REPORTER: C. TAKAKI ** PRESENT: DPA G. PARROTT DPD E. AQUINO WITH DEFENDANT 1:55PM CASE CALLED AND APPEARANCES ENTERED. MR. AQUINO STATED THAT A NOTICE OF APPEAL HAS BEEN FILED; FURTHER, DEFENDANT WAS NOT ABLE TO POST THE ADDITIONAL BAIL AS ORDERED, AND MADE AN ORAL MOTION TO CONTINUE THIS MATTER TO GIVE DEFENDANT MORE TIME TO POST THE BAIL. MR. PARROTT OBJECTED; ARGUMENTS HAD TO IMPOSE CONDITIONS OF BAIL. FOLLOWING FURTHER ARGUMENTS, THE COURT CONTINUED THIS MATTER TO 8/25/03 AT 1:30PM; THE COURT DECLINED TO IMPOSE CONDITIONS. AT THE COURT'S REQUEST, THE DEFENDANT STATED THAT HIS ADDRESS IS 1420 ALAPAI STREET, #401, HONOLULU. 2:00PM CONCLUDED.
| JAE K SEONG
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| 28 | 08/06/2003 | Transcript
Converted
DOC ID: TOP, DOC Name: TRANSCRIPT OF PROCEEDINGS (#9181 - S. HULIHEE; 6/23/03; JUDGE GANGNES), Comments:
| JAE K SEONG
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| 29 | 08/07/2003 | Other
Converted
DOC ID: , DOC Name: CASH BAIL RECEIPT, Comments:
| JAE K SEONG
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| 30 | 08/25/2003 | Order Pertaining to Bail
Converted
DOC ID: OPB, DOC Name: ORDER PERTAINING TO BAIL (SENT STAYED PENDING APPEAL; DEFT IS RELEASED ON BAIL PENDING APPEAL SUBJECT TO ATTACHED TERMS AND CONDITIONS), Comments:
| JAE K SEONG
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| 58 | 08/25/2003 | Minutes
CT REPORTER: P. TSUKAYAMA PRESENT: DPA, A. MURAKAMI DPD, J. YAMASHIRO WITH DEFENDANT KOREAN INTERPRETER, ESTHER CHO 2:26P CASE CALLED AND APPEARANCES WERE ENTERED. MS. YAMASHIRO INFORMED THE CT THAT AN APPEAL WAS FILED. ARGUMENTS HAD RE CONDITIONS OF BAIL. DEFT ADDRESSED THE CT. THE CT ORDERED DEFENDANT TO BE UNDER THE SUPER- VISION OF ACSB AND TO COMPLY WITH THE FOLLOWING CONDITIONS: 1) SHALL NOT COMMIT ANOTHER FEDERAL, STATE OF LOCAL OFFENSE DURING THIS PERIOD; 2) APPEAR FOR ALL CT HRGS UNLESS NOTIFIED OTHER- WISE; 3) PROHIBITED FROM POSSESSING ANY DANGER- OUS WEAPON, ENGAGING IN CERTAIN DESCRIBED ACTIVITIES, OR INDULGING IN INTOXICATING LIQUORS OR CERTAIN DRUGS; 4) REPORT REGULARLY TO AND REMAIN UNDER THE SUPERVISION OF OFFICER OF THE CT; 5) MAINTAIN EMPLOYMENT, OR IF UN- EMPLOYED, TO SEEK EMPLOYMENT, OR ATTEND AN EDUCATIONAL OR VOCATIONAL INSTITUTION; 6) UNDERGO SUSBTANCE ABUSE ASSESSMENT; 7) UNDERGO ANGER MANAGEMENT CLASSES. THE CT STAYED DEFENDANTS PREVIOUS SENTENCE PENDING APPEAL. 2:38P CONCLUDED.
| JAE K SEONG
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| 31 | 09/08/2003 | Other
Converted
DOC ID: , DOC Name: PRESENTENCE DIAGNOSIS AND REPORT DATED 6/16/03 (SEALED BY ORDER OF THE COURT), Comments: (PLACE IN CONF CABINET)
| JAE K SEONG
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| 32 | 09/24/2003 | Other
Converted
DOC ID: , DOC Name: MOTION TO EXTEND TIME TO FILE AND DOCKET RECORD ONAPPEAL; DECLARATION OF COUNSEL; EXHIBIT "A" AND ORDER (SC NO. 25985; EXT TO 10/11/03), Comments:
| JAE K SEONG
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| 33 | 09/24/2003 | Other
Converted
DOC ID: , DOC Name: AMENDED ORDER PERTAINING TO BAIL (DEFT RELEASED ON BAIL PENDING APPEAL), Comments:
| JAE K SEONG
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| 34 | 10/13/2003 | Other
Converted
DOC ID: , DOC Name: RECORD ON APPEAL (SC NO 25985), Comments:
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| 35 | 10/28/2003 | Other
Converted
DOC ID: , DOC Name: FIRST SUPPLEMENTAL RECORD ON APPEAL (SC NO 25985), Comments:
| JAE K SEONG
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| 36 | 08/26/2005 | Notice and Judgment on Appeal
Converted
DOC ID: NJOA, DOC Name: NOTICE AND JUDGMENT ON APPEAL AND CERTIFICATE OF SERVICE (SC NO 25985) (AFFIRMED), Comments:
| JAE K SEONG
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| 37 | 01/12/2006 | Return of Records/Exhibits
Converted
DOC ID: REX, DOC Name: RECEIPT FOR EXHIBITS, ETC., RETURNED TO FIRST CIRCUIT COURT (SC 25985), Comments:
| JAE K SEONG
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| 38 | 03/21/2006 | Other
Converted
DOC ID: , DOC Name: MOTION FOR EXECUTION OF JUDGMENT AND SENTENCE; EXHIBITS A AND B; C/S (SET 4/5/2006 8:30AM, JUDGE NISHIMURA), Comments:
| JAE K SEONG
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| 59 | 04/05/2006 | Minutes
CT REPORTER: J. SPOHN CLK: K. OTSUKA PRESENT: DPA WILLIAM LI DPD KENJI AKAMU 8:36-8:39A CASE CALLED W/APPEARANCES OF COUNSEL; DFT NOT PRESENT. DFNS REPRESENTS HE JUST FOUND OUT ABOUT THE MTN THIS MORNING & IS UNSURE IF THE DFT IS AWARE OF THIS HRG. DFNS REQUEST A CONTINUANCE NOTING HE HAS TWO POINTS OF CONTACT FOR DFT WITH ONE BEING HIS HOME ADDRESS. STATE NOTES ON THEIR COPY IS A SIGNATURE WITH THE DATE 3/21/06 WHICH IS THE DATE OF THE FILING OF THIS MTN. STATE IS UNSURE IF THAT IS SOMEONE FROM THE PUBLIC DEFENDER'S OFC; STATE WILL SERVE ANOTHER COPY OF THE MTN ON THE OFC OF THE PUBLIC DEFENDER. CT WILL CONTINUE THE MATTER FOR TWO WEEKS TO WED., 4/19/06 AT 8:30A TO ALLOW DFNS TIME TO CONTACT THE DFT.
| JAE K SEONG
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| 39 | 04/19/2006 | Other
Converted
DOC ID: , DOC Name: AMENDED MITTIMUS; WARRANT OF COMMITMENT TO JAIL, Comments:
| JAE K SEONG
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| 60 | 04/19/2006 | Minutes
CT REPORTER: L. GRUMLING CLK: K. OTSUKA PRESENT: DPA WILLIAM LI DPD BELINDA CASTILLO-HALL F/KENJI AKAMU DFT SEONG 8:35-8:40A CASE CALLED W/APPEARANCES OF COUNSEL & DFT. CT NOTES A TRIAL WAS HELD ON JULY 2006; DFT WAS SENTENCED; IN ADDITION, DFT WAS SENTENCED TO 30 DAYS JAIL NOTING OTHER TERMS & CONDITIONS. DFT FILED A NOTICE OF APPEAL & SENTENCE WAS STAYED. SINCE THEN A JUDGMENT HAS BEEN FILED AFFIRMING THESENTENCE OF THE CT; THEREFORE, CT GRTS THE MTN. DFNS COUNSEL NOTES THE DFT DID SPEAK TO DPD KENJI AKAMU REGARDING THIS MTN; DFT DOES NOT UN- DERSTAND AND REQUEST A KOREAN INTERPRETER. CT NOTES ON DFT WAS PRESENT AT SENTENCING WITH A KOREAN INTERPRETER; DFT KNEW WHAT HIS TERMS & CON-DITIONS WAS AT SENTENCING. DFNS ALSO REQUEST THE MITTIMUS TO ISSUE BE ON WEEKENDS OR INTERMITTENTLY. DFNS NOTES DFT IS A WATCH & JEWELRY SALESPERSON WHICH IS HIS OWN BUSI-NESS AND IT WILL SUFFER. DFNS NOTES DFT HAS BEEN CHECKING IN AT OCCC; DFT DID FINISH HIS ANGER MGMT; AND HAS DONE HIS SUBSTANCE ABUSE ASSESSMENT & HAS FILLED THE REQUIREMENTS. CT NOTES UPON RELEASE OF DFT FROM CUSTODY, HE CAN CHECK IN WITH HIS PROBATION OFCR & SEE WHAT HE HAS FULFILLED. CT WILL DENY DFT'S REQUEST FOR WEEKEND INCARCERATION. DFNS REPRESENTS IF DFT IS GIVEN INTERMITTENT JAIL HE WILL SHOW UP. CT DENIES DFNS REQUEST NOTING THE DFT IS TO SHOW UP AT THE PROBATION OFCR'S OFC ON THE 1ST BUSINESS DAY AFTER RELEASE FROM JAIL. CT INSTRUCTSDFT TO REMAIN IN THE CTRM FOR EXECUTION OF MITTIMUS. **** 4/19/06 MINUTE ORDER: EXECUTION OF MITTIMUS AT 8:45A. DFT TAKEN INTO CUSTODY BY SHERIFF'S RECEIVING. ****
| JAE K SEONG
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