By Matt Rifkin
Rev Nancy trial day 4 (See Rifkin’s day three coverage here.)
It was a slow, methodical day. Prosecutor Damerville is showing the presence of marijuana that was found on the property. Two evidence custodians. Boxes, documents, holes from rodents. Confirming items that were in yesterday’s photographs. Civilian criminalist, tests confiscated plants, confirming they are marijuana. Technical discussion about testing methods. The day closes with the start of testimony from Officer Prudencio, the evidence recovery officer.
Damerville implied that after Prudencio, he would likely call only one more witness. So, the State seems ready to rest its case on Monday (by lunch, perhaps?).
Judge Hara instructed the jury to arrive at 9am on Monday, as he wants to get a prompt start to the week.
Following are my notes from today, for those who want the blow by blow.
10:00am
The start of trial is delayed due to a case being heard (about a man on parole and medical marijuana).
The wheels of justice turn slowly…
10:20am
All rise…jury…judge…enter
Damerville calls Herbert Hamersma, evidence custodian, job is to log and mark evidence, testify in court, supervise when evidence is being viewed by lawyers, prosecutors. Civilian employee, 16 years in total with police force, first dispatcher, past 11 years evidence custodian…retired air force
Hamersma brings push cart with boxes, things in bags. Discusses “EPR” Evidence Property Receipt. What is its purpose, how it tracks evidence, showing who handles it and how. If a lawyer or prosecutor wants to see the evidence is it ever left unattended? No. Confirming Exhibit 458 is normal police form.
Do you know Rev Nancy Harris? Yes. Met her twice when she was viewing evidence with her lawyer.
Do the receipt show when else the box was open? Yes, by Kathy Pung, lab tech, on June 5, 2010
Going over stickers on the box, showing how often it was opened and by whom. Opened a few times. Box not in good shape. Any holes in it? No. But, tape is losing adhesiveness in some places. Box is opened, but neither prosecutor nor defense wanted the contents counted. Contains plant material. It has degraded over four years of being in the evidence locker.
Second box. Then bag placed in front of witness. What is the condition of this item? Been opened, seems evidence of rodent activity. There were rodents in the warehouse. The contents have degraded over four years. Hamersma would not have accepted the evidence four years ago if it had been in this (current) condition.
Next box, exhibit 460- holes in box. How were they made? Not sure, but rats and mongoose were found in warehouse. They were living in harmony together in the warehouse? Not sure. Laughter in the court. Saw baby mongoose in boxes previously, but not in this box. Warehouse has moved twice. But, box would not have had these holes when received four years ago.
Manila envelope pulled out of box…sounds like glass clinking together. There are seven items listed. The officer who first comes in contact with the items is responsible to mark it. Item…1-2-3…no 4…5-6-7-8. But there are only supposed to be 7 items.
Open item 1…were there any edible items listed on the EPR? No. Small zip loc baggies are pulled out.
11:12am – recess
11:26am – resume
State exhibit 302 – labeled as a grinder…small hole in package..open package, confirm grinder
State exhibit 303 – any holes? Large hole on top and smaller one in front…items match description
State exhibit 304 –number by police at 8…hole in bag…did you make them? No. What is in the bag? Eight glass smoking pipes. Items match police description, one pipe seems broken, corresponds to item 4
State exhibit 305 –item 5- framed photo of suspect posing with marijuana plant..open package. Does it match description? Yes
State exhibit 306 – item 6 – signs. Envelope is torn at one end. 306 torn, 306a not torn. Matches description
State exhibit 307 – item 7…two holes made by me…open package…small piece of paper
11:38am
off the record conference at bench
Return items to box…state exhibit 210
Any bubble wrap in the police department? We do…
State exhibit 461 –compare to your records…two change of location for evidence…item 209…small hole on side. Has been opened twice, by defense and prosecutors…how many items? Five in total, four plastic pots, marker pen
Damerville finishes questions. Subject to recall.
11:52am
Lead defense counsel Sulla to cross examine
On the form, it says “status suspended” does that mean the police officer? No
Item 458 – big box, should contain 124 marijuana plants…June 5, 2009 box removed…originally received March 13, 2007. Kathy Pong, lab tech, does tests on evidence. Is it customary to wait 2 years before testing evidence? It can be a short or long time, depending on when the trial happens…2 years seems on the long end.
Two items received as evidence on Feb 24, 2007 and another in March…why one month gap between submission of evidence? Any explanation?
11:59am-lunch
1:55pm-resume
Sulla continues cross exam
Several items were moved from storage unit? Yes. When? Don’t know, but can look on computer
There are holes in the box, any idea when the holes were made? No
Were the pipes tested? No, officer Prudencio made determination (that they were drug paraphernalia?)
Exhibit 202 – bag containing 258 grams of dried marijuana. Place in large clear plastic bag, then open. Will be added as evidence.
Exhibit 201 the box with 124 plants…cutting open the tape…can see dry, brown plant material
Sulla shows photo 424…gold box in corner..was gold box included as evidence? Not to my knowledge. What is in the box? Looks like buds. Are there any exhibits that matches that bud? No
2:12pm
Damerville to redirect
Did you go through the box of marijuana? No. Look at item 202, bag within bag. Any holes in the inner bag? One cut, which was made in 2010, otherwise, no.
“Suspended” on bag…what does that mean? Could be police term, as evidence custodian, would not know about all things noted on a form
2:16pm
Hamersma excused, subject to recall
Next witness…Dennis Nojiri…retired evidence custodian, 16 years on force, worked with Hamersma, retired last year
Confirm his signature on evidence documents.
Two bags, 202 & 202a…is this the bag listed on the document? Yes, except a hole where the report number should be. Did the contents of the bag come to you in this condition? No. Would you have accepted it in this condition? Most likely not.
2:25pm
Sulla to cross examine
What is date when you received evidence? Feb 24, 2007. When was the evidence originally collected? Feb 17. Evidence can be turned in at different times. No holes when I last saw this bag. Where is it stored? Evidence room. What happens if you find holes? Try to find what made the holes.
Damerville to redirect
Try to catch what? Once, a rat.
Location code would show if evidence had been moved. Multiple location code can exist on bag
Witness excused, subject to recall
2:29pm
Kathy Pung, civilian criminalist, works in the crime lab. Chemistry degree, extra training from crime lab, including testing for narcotics. Have you testified in court before? Yes, circuit and district, grand jury. How often do you analyze substance to determine it is marijuana? Many times. What is protocol for evidence going to crime lab, not immediate? No, just if/when case goes to court, then testing is requested. So, evidence could take a long time before reaching lab to be tested? Yes
Check evidence and property receipt…is your handwriting on it? Yes. You receive a request to analyze it for marijuana? Yes
Exhibit 456 – Do you recognize it? Yes. Did you analyze the substance noted on the form? Described as 124 marijuana plants. Has state exhibit number on it? Yes. You inventory and weigh it, conduct exam? Yes. On a scale, which is calibrated once a year. We watch them test it. Was it properly calibrated? Yes. How do you weigh items? Get large box, zero it out, then place plants in and weigh it.
What material did you find? Dried plant material, leaves, stems, roots. Conduct exam, reveals presumptive for marijuana. Microscope, had features consistent with marijuana. Did color extraction test. All positive for marijuana. Are there other names for it? Many, cannabis I believe. What is your opinion of what it is? 969 grams of marijuana. Did you examine other evidence? Yes. With a different police number, different report number? Yes.
Looking at bag, initialed and confirm it is hers. Was bag in this condition when you last saw it? No. It has lots of holes now, would you include that in your report? Yes, but there weren’t any. Inventory taken of items when received, what it consisted of. Weighed it, did exam and analysis. Requested twice. Weight was 116 grams, and confirmed as marijuana.
Damerville finishes questions.
3:00pm –recess
3:15pm – resume
Sulla begins cross examination…
So, scale is calibrated by the manufacturer annually? Do you have a log of it? Yes, kept in file in lab. Check on our own once a month, and get it serviced annually. The weights used to test monthly are sent out once a year to confirm actual weight.
Describes 124 marijuana plants…weight 969 grams…how many ounces is that? Almost 2 pounds. Did you take out the dirt and sponge-like material? Do you weigh the root material? No, put back in box.
Discussing TLC…thin layer chromatography…how is it accurate? Is it all or nothing to test positive, or degree level?
How did you gain your expertise? Trained by crime lab, and did many tests of substances.
Exhibit 459 – Contains 258 grams of green leafy substance, field tested positive for marijuana…in exhibit 457, your report, weight is only 116 grams, why the difference? Dehydration. Have you studied dehydration in plants? No. Would 9 days be enough to reduce the weight by that much? In a locker for 2 years would.
3:35pm – Sulla finishes,
Damerville redirect
Do you ever deal with live marijuana plants? No. So, these tests are on dead plants, plants not getting water? I did not do exams of live plants. In your personal life, have you seen live marijuana plants? Yes.
Judge Hara asking his own questions about TLC…and about gas spectrometer, if other tests are inconclusive, could use it
Ms Pung is excused
3:45pm
Officer Brian Prudencio…detective, promoted in March 2011, 11 years on the force. Was a commission salesman previously. Vice squad since August 2004, and is still in vice. Have you been trained in identifying marijauan? Yes, by HPD, DEA, California Narcotics Officers, etc. You have testified in court? Yes, many times.
Items 458, 459, 460 and 461
458 copy of evidence and property receipt that I filled out. What is “suspended”, what does that mean? It normally means the case is suspended pending further investigation. . Not about a police officer being suspended? No
The investigation was in Hawaiian Acres in 2007, why did you go there? Officer John Webber conducted the investigation and serve the warrant. What was your duty? Evidence recovery officer, to collect evidence, documents and so on
Prudencio identifies Rev Harris
Did you notice any signs when you arrived? Yes. Signs it might be a church? Yes, sir.
You counted the 124 plants, then? Yes. Did anyone else check your count? No. Were the plants different sizes? Yes. Shows photo 440 to jury, how many plants in the photo? About 7. Small, aren’t they? If it has roots, it’s a plant. So you filled out a form and how did you pack them? In a box. Right away? Usually. Do you dry them? Sometimes
Some evidence you turned in on March 13, 2007, where were the plants for one month? Drying or in our evidence locker. Put in box after they are dry. Is this the box? Yes. You sealed it? Yes. Condition of the box now? Worse now then when I turned it in. It has been opened, has holes, evidence sticker on it
4:01pm
Adjourned until 9am Monday morning.
(Matt Rifkin leads the Big Island Chapter of Americans for Safe Access and Friends Of Justice.)
August 26th, 2011 at 11:13 am
As a blog reader would be of interest to know how many trials Matt has covered or his journalism credentials.
August 26th, 2011 at 11:27 am
none and none
August 26th, 2011 at 11:31 am
I have attended several trials of medical cannabis patients in Hilo and Kona, but they were all in the Circuit court, in front of a judge, no jury.
August 26th, 2011 at 11:57 am
Matt, your honesty is refreshing and welcome. Mahalo for covering this!
August 26th, 2011 at 1:44 pm
Matt, an easier answer to Hugh would have been: None, but I play one one TV.
August 26th, 2011 at 2:57 pm
Back in the 1980s, I was a news reader for NHK Short wave Radio in Japan (similar to the BBC World Service)…but, I just read the news, didn’t write the stories…
September 7th, 2011 at 5:50 pm
Play inomfratvie for me, Mr. internet writer.