Ka Pasasouk Preliminary Hearing, Day 2, Part II

Ka Pasasouk, in custody

Continued from Day 2....

UPDATE 11/19 Witness name changed per request 
UPDATE 7/31 8:45 AM: The rest of Tuesday's testimony has been added.
UPDATE 7/31: Entry has not been fully edited for spelling, clarity.
11:00 AM
I'm inside Judge Giss's courtroom, Dept. I in the San Fernando Courthouse.  There are a few people in the gallery.  DDA Akemon was here when I arrived. I thank him for saving the day for me yesterday with a notepad.  The court clerk is a different woman than yesterday.  I notice for the first time that a microphone hangs from the ceiling above the jury box.  There are six large metal filing cabinets behind the clerk's desk area.  The top edges of the walls that outline the clerk's desk, judge's bench and the witness box are a light oak color.  From where I'm sitting the walls below the trim appear to be finished with the same, dark brown formica like surface that lines the inside of the elevator cars.  The walls of the courtroom look like they are a similar wood veneer that lines the courtrooms in downtown LA.

Defense attorney James Goldstein arrives.  The conversation between Goldstein and Akemon is friendly, like they've known each other a long time.  Goldstein gives me a smile and asks how I am.  "Pretty good," I reply. Detective Myers brings in the witness and sits beside her.  She's wearing a stretch top and short stretch skirt.  Her hair is up on her head in a knot.  She has a knit jacket on with a hood.  I believe the detective says something to her and she quickly pulls the hood of the jacket off her head.

Akemn goes over to speak to the three clerks who are trailing him.  The clerk then addresses counsel, "Let me know you you're ready."  Akemon and Goldstein are ready.  As Judge Giss takes the bench, the bailiff then addresses the room in a very loud voice, announcing court is in session and to turn cell phones and other electronic devices off.  He then brings the defendant into the courtroom.  I note that Pasasouk is in waist chains today.

3. SHERELLE EVELYN GORGINA BAX.

Bax retakes the stand under direct.  She states she's 21 years old.  She states she knows the defendant and identifies him. "Next to Mr. Goldstein," she replies.  Akemon breaks his examination to ask a deputy sheriff if they can sit in the jury box to help the witness feel more comfortable.

Bax states she knew the defendant for a year or more. She had been at the Devonshire residence before. At one time, she lived there two years ago with Wendy Martin.  On December 1st, she was at the residence.  She thinks she was cleaning or something. She doesn't think she went to sleep that night.  She was cleaning her friends room.  At the time of the shooting, she was homeless.  On Friday night, she stayed with Ronald.  She helped to clean the residence.

DA: (Regarding Saturday) Did you see a person named Christina Neal?
SB: Yes.
DA: How do you know her?
SB: I used to play darts with her.

Bax states she knew JoJo Burbank. "He was a really good friend of mine," she testifies.  Bax saw the defendant that day, but she's not sure about the time.

DA: At some point, did you see or hear Christina and Mr. Pasasouk fighting that day?
SB: No, I really didn't.
DA: Do you know Detective Dan Myer?
SB: Yes.
DA: Did you tell Detective Myer what you saw and heard on December 2nd?
SB: Yes.
DA: Do you recall telling Detective Myer you were cleaning with Christina?
SB: Yes.

Bax states she doesn't really remember telling Detective Myers about the fighting.

SB: Honestly, I don't really remember.
DA: Do you remember talking to Christina about her relationship with Pasasouk?
SB: She was just sad.

Christina talked about how it wasn't working.

DA: Do you remember Christina telling you if she loved Ka?
SB: Yes.
JG: Objection!
Judge Giss: Sustained.
DA: Did Christina ever tell you that she loved Ka?
SB: Yes. ... I know that Ka loved Christina, but Christina took Ka for granted.

The relationship deteriorated.  On that day Bax also saw Howard, aka as Cartoon. Bax saw Howard in Christina's room. Bax was present in Christina's room when Howard was there.  Ka and Howard kept leaving. Bax and Christina were cleaning and they (Howard & Ka) kept leaving.  They came and went throughout the day.

DA: At some point did you ever see Mr. Pasasouk with a gun?
SB: At night.
DA: Where was Mr. Pasasouk when you saw him with a gun?
SB: Right behind me.
DA: Did you see Mr. Pasasouk behind you with a gun on this Saturday, December 2nd?
SB: Yes.

It was inside the house. She was upstairs, inside the upstairs apartment.  There were about five other people there.  Everyone has moved from that residence now.

DA: Was the inside of the house divided up into different apartments?
SB: There were different rooms.

She was in that upstairs apartment.  She knew John Doe (Pseudonym per witness request. Sprocket) who lived there, Dandy, (sp?).  Mr. Doe and Dandy were there also but they were sleeping at first.  Dandy and John Doe lived in one room and Roland in another.  Bax states she doesn't remember how the gun looked.

DA: Do you remember telling Detective Myer it was a black and silver 45 caliber? ... Does that sound familiar to you?
SB: No.
DA: How many times to you remember seeing Mr. Pasasouk with a hand gun?
SB: I'm not sure.
DA: Was it more than one time?

The witness won't commit to how many times she saw the weapon.

SB: Honestly, I tried to erase this whole thing from my mind.

Bax is asked to describe what the weapon looked like and if she knows the difference between a semi-automatic and a revolver.  "No," she replies.

DA: Do you think it would refresh your memory to look at your statement?
SB: I don't know.
DA: Describe for the judge what happened.
SB: I was upstairs and he rushed me with a gun.

She was in the upstairs apartment, in the living room area.  Pasasouk was behind her with the gun.

SB: I saw him come in because I opened the door. Ka was knocking.

This was the front door of the apartment.

SB: I didn't really see much. He just rushed me. ... He kept asking where Christina was. I didn't see the gun but felt it on the back of my head. ... I turned around to go back to Roland's room.

When she turned around he put the gun to the back of her head.

SB: It was all so fast. It was random ... and crazy.
DA: Were you friends with Mr. Pasasouk?
SB: Yeah.

At first she thought he liked her but then she learned different.  Ka was always, he just talked to me about his problems and I would help him out with his problems.

DA: Did you tell Detective Myers that you saw Ka with a black and silver gun tucked into his waistband?
SB: I don't remember saying that.
DA: Did you tell Detective Myers he was angry, yelling for Christina and that she may have taken money? ... Did you see Mr. Pasasouk come into that room and take money?
BA: (I was) playing cards with Jun.

Jun aka Waneta (sp?) Mendoza.  Mendoza's nick names are discussed.  She called him 'Joon' or Junifurr, like a take on Jennifer.

DA: What was your relationship with Jun on that Saturday?
SB: He was my best friend. ... Today (their relationship) is complicated.
DA: Do you consider him a boyfriend?
SB: No. It's complicated.
DA: have you had problems with substance abuse?
SB: This whole thing just fucked with my head. Oops!

There is a discussion with the court about her language and Judge Giss states she can say whatever she wants because it's indicative of her personality.

SB: I never really dealt with death before, especially someone close.  It made me so negative.
DA: Did you hear a shooting happen?
SB: I heard four shots. ... Then I hear someone say "Run."

Judge Giss asks, "Did you hear four shots before or after the gun was placed to the back of your head?  "After," Bax answers.

The witness then can't decide if it was 20 seconds or 20 minutes later that she heard the shots.

DA: After he did that did he take money?
SB: Yes.
DA: Did he leave?
SB: Yes.
DA: Did he come back?
SB: When he came back, he pistol whipped me. ... I thought he was going to kill me.

She was in John Doe and Dandy's room.

DA: Did you say (it was 20 minutes later)?
SB: It was ten; five. I'm not sure. ... He came back and was still asking "Where's Christina! Where's Christina!"

She was sitting on a laundry basket in the upstairs apartment. Jun was in the room with her. John Doe and Dandy were in their beds. The door to the room was closed.  The second time Ka came back, she thinks Ka knocked on the bedroom door. She let him in because she didn't want him to kick that door in.

DA: The second time, did you see a gun?
SB: Yes.
DA: Did it look like the same gun?
SB: Not sure.

He was with Howard, but she doesn't remember who opened the door.

SB: He just came and pistol whipped me. I didn't know why. ... He was about to shoot me, but he didn't.

When he pointed the gun at her, she was sitting, the defendant was standing. He was ten to twelve feet away from her.

SB: I don't remember what he said. I just said, "Please don't shoot me."
DA: Did you hear him say, "I ought to shoot you?" ... Did you see him try to hand the gun to anyone? ... Did you tell Detective Myer, (Ka said), "Actually, I'm going to let Howard do it."? ... Did you see Ka attempt to hand the gun to Howard?
SB: I don't remember. ... Howard was just standing there. He wasn't really doing anything. ... I don't think (he? it?) was out much. I wasn't paying attention to Howard.
DA: When Mr. Pasasouk was pointing the gun at you, was Howard standing near him?
SB: Yes.
DA: Was Howard standing with a gun also?
SB: I don't remember. ... I just thought I was going to die.

There are more questions about what she told the detectives and what she remembers. When Ka came into the bedroom she was by the computer desk.  Akemon asks Bax to show the judge how the defendant hit her with the weapon.

SB: Ka, he hit me in the face.
Judge Giss: Indicating basically in the middle of the face.

Bax insists she didn't have a physical injury. That the blow to her face didn't hurt.  She says she didn't feel pain. "That whole time, it was like an adrenaline rush. ... He said something like, 'Where's Christina! ... I forgot. ... Then he pointed the gun at me." Then he left the room.  She then heard gunshots. It was approximately twenty seconds later.  It wasn't that long. It was maybe a minute, twenty seconds.  Akemon asks her if she ever traveled that distance.  Going outside, down the stairs and around the corner of the house.  She had.

DA: How long (did that take you)?
BA: I don't know. I never really counted. ... I don't know.
DA: After Mr. Pasasouk left the room, was it less than a minute you heard gunshots?
BA: Yes.

There are questions about where the sound came from and the window in the bedroom.  She testifies she heard four gunshots. She insists she didn't hear any voices.

DA: Did you tell Detective Myers that about thirty seconds after, you heard Ka say, "Put your hands up?"
SB: I'm not sure it was Ka.

The next few answers, Bax doesn't recall what she told Detective Myers.

DA: How do you feel about testifying?
SB: I wish I was never really a part of this thing.

Bax rambles of on a tangent.

SB: I'm doing this for JoJo, not anyone else.

I believe Judge Giss moves to strike some of Bax's ramblings.

DA: Are you reluctant to be here today?
SB: What do you mean?
DA: Do you want to be here today?
SB: Honestly, not really.

Question after question Bax answers that she doesn't remember making a particular statement to the detective. Judge Giss asks Bax, "Do you remember .... Were you of a sound mind or on drugs?"

SB: No. I was just going crazy. I just don't (remember).
Judge Giss: When was the last time you used drugs?
SB: I don't know. A while ago.

I believe Bax is asked if she has a drug problem or if she's in a treatment program.

SB: I'm trying to quit for my mom.

Akemon asks if she was on probation for possession of drug paraphernalia. "No. A straw."  Bax states she's not going to classes for drug education now.  After she left Roland's room she went into Dandy's room. Akemon is trying to go over her testimony, but it's a struggle to get her to testify to what she told detectives.

SB: I just remember him saying to tell Howard he could shoot me. ... Everything was about Christina really.

There are more questions where Bax's answers are vague.  Judge Giss calls for the lunch break. The witness stretches both her arms over her head.


12 Noon
Inside the cafeteria, I find that every single plug outlet doesn't work.  To use my laptop, I have to go back to the fourth floor.

1:30 PM
I'm back inside Dept. I.  The witness is on the stand. She's taken her hair down.  Akemon and the two detectives are deep in conversation.  There is a suited man in the gallery that is trying to get the attention of the court reporter.  He wants to purchase a transcript.  The court reporter looks a bit flustered. Judge Giss is on the bench and she can't leave her desk.  The court clerk states she will give the reporter's number to the man in the gallery.

1:35 PM
Back on the record.

DA: Are you afraid to testify?
SB: I'm not afraid. I'd rather not be a part of it.
DA: Do you have concerns that if you testify, you will get into trouble or...
SB: No.
DA: Are you afraid if you testify you will get labeled a snitch?
SB: No, because I'm a victim.

There are more questions about her recollections about the gun.

Judge Giss: When you spoke to the detective, did you shade your testimony?
SB: No.
Judge Giss: Pull any punches?
SB: (No.)

Bax verifies she told the detective she saw Ka with the gun and described the gun to them.  Bax now states that when she opened to door (the front door to the upstairs apartment), Ka kicked the door down.  She doesn't remember if Ka was with Lourdes at that time.  The defendant came in. He kicked in the door. (He? She?) went to Roland's room. Then the defendant took money off the table and left.  When he came back, he came into John Doe and Dandy's room. He pointed the gun at her and pistol whipped her.  Akemon then asks about the defendant pointing the gun at others.

SB: He really wasn't point it at anyone, just pointing at me.

Judge Giss asks her to demonstrate what the defendant did with the gun.  Bax is asked to describe the bedroom.

SB: You could fit two beds but (it's) not very big.
DA: Did you tell detective Myers that Roland was also in the bedroom?

Judge Giss asks Bax when the defendant was waving the gun, did he make any statements.

SB: He was just asking, "Where's Christina." ... He said that Howard should shoot me. ... And then said "I'll just do it myself."

Akemon takes a different tactic.  He asks her about specific statements she told the detectives, and the statements she told them that were made by the defendant and Howard.  She confirms that those were her words back in December.

DA: Did you tell Detective Myers you heard Mr. Pasasouk say, "Put your hands up"?
SB: I might have said that. ... I didn't see. ... (It) sounded like his voice.

Akemon now reads directly from a transcript of her interview with Detective Myers.

SB: I don't remember those questions, but if they're there, I have to say yes.

The witness is even confused about the reading back of her prior statements.  She confirms what she told detectives she heard, but now doesn't agree that she "immediately" left the upstairs apartment.

SB: We all left. Everyone left.
Judge Giss asks Akemon if the interview was taped.
DA: Yes, your honor.
Judge Giss muses, "That's because you have a transcript."

Akemon is now almost going line by line, reading back to the witness the words said to detectives.  The witness is now shown People's exhibit 2, the photo that is of John Doe and Dandy's bedroom, that also includes images of all the people who were in the room.  Bax identifies the room as John Doe's room. She verifies this is where she was hit with the gun.  Now Bax identifies the people.  Roland Macasaya (sp?). Jun Mendoza. Dany. "I was sitting right there, on that basket," Bax states.

Direct ends and cross begins.

JG: Before December, you had no problem wit Mr. Pasasouk?
SB: Yes.
JG: And to you it appeared he liked you as well as a person?
SB: Yes.
JG: Before that date, it appeared that he was acting different?
SB: I've never seen him that angry.
JG: Had you been at the house most of the day?
SB: Yes. .. I was cleaning Roland and Christina's rooms.
JG: Were you doing it as a favor?
SB: No, I just like to clean.
JG: Were you doing alcohol or drugs that day?
SB: No.
JG: Do you remember you said that Mr. Pasasouk told you it was a 40 caliber (gun?)?
SB: Yes.
JG: How long before that night (did he tell you that?)?
SB: I don't remember.

Bax is asked if the gun that she was struck with is the same weapon the defendant told her about.

SB: Honestly, I don't know if that was the same gun, ... But I don't really know.
JG: As you sit here today, you don't know if it was the same gun in the past (that he told you about?)?
SB: When he told me, he usually kept it tucked in; but I assume it was the same gun.

Bax states she doesn't know the difference between a 40 caliber and a 25 caliber, just the bullet size.

SB: He pointed it at me and Ronald and after that only me.
Judge Giss: And he never said anything while he was waiving it?
SB: Only asking about Christina.

Bax is now asked about the defendant's relationship with Christina.  Based on those conversations she had with the defendant, Bax believes Ka truly loved Christina but that Christina took Ka for granted.  "She loved him, but her actions, ... He would do everything for her. ... He would try to bring home money and food, She wouldn't even give him .... the gratitude he deserved."

JG: Did you see people drinking?
SB: There was alcohol, but I wasn't drinking. They were getting drunk.
JG: (Who was getting drunk?)
SB: The people downstairs.
JG: Did Christina appear drunk to you?
SB: No. She was crying. ... She just came upstairs, crying.

Bax explains that Ka kicked the front door in to Mr. Doe and Dandy's apartment.  Roland asked her to open the door. The door got kicked down.

SB: I opened it then immediately shut it in his face and that made him mad and he kicked it down.

Bax admits to having a drug problem and that her drug of choice is meth. She did it because it just gave her more energy. She used drugs before December 1st and was using drugs around December 1st.

JG: Were you using drugs December 2nd?
SB: Around that time, no. I was going through a time warp. ... No, after all this happened. ... I was empty. I didn't want to be around anyone. I felt empty. .... Roland talked to me. He helped me out.

Bax states that she didn't go into a treatment program, but that she needs to.  Bax states she doesn't know what type of gun Howard had. She thinks it was silver. She doesn't know if it was a revolver or a semi-automatic.

Cross ends and there's no redirect.  The judge makes it clear to the witness that she's still on call and that she must return to court if called.


4. GEORGE DIAZ.

Diaz is an LAPD Detective assigned to Robbery Homicide.  He's been an officer for 25 years. He's investigated homicides since 2000.

DA: As part of your investigation, did you interview Ms. Bax?
GD: Yes.

Diaz interviewed Bax with Detective Abdul on December 7th, 2012. Detective Myers was monitoring the interview from a video room.  (I believe Diaz is referring to Detective Salaam Abdul-Rahman, who I briefly met during the James Fayed case. Sprocket.) The interview was video taped and transcribed.  Diaz states that when Bax was being interviewed, she was being cooperative.

DA: Did it appear she was lucid?
GD: (Yes.)

Judge Giss asks the witness about her state, if she was strung out, etc. Diaz states that she was lucid.  Akemon asks Diaz questions about what Bax told him in that interview. He then goes over several specific areas of Bax's statements in the interview and what she told detectives.

Akemon verifies what Bax said about the defendant breaking down the door to the upstairs apartment; about Harold having a gun; about the defendant threatening to shoot her.  That Bax clearly heard Ka say "Put your hands up," thirty seconds after Ka left the upstairs apartment.  Akemon reads from the transcript.

DA: "Yeah, I heard him say, 'Put your hands up,' then a couple seconds later I heard four gunshots. ... What kind of gun was it? It was a 40 caliber. I think it was a Ruger.  How do you know that? Because he told me."

Detective Diaz verifies that these were the questions he asked Bax and those were her answers.

Direct ends and cross begins.

JG: You said that time you interviewed Ms. Bax was December 7th?
GD: Yes.
JG: She seemed to be very responsive and lucid?
GD: Yes.
JG: Was she as responsive and lucid on December 7th as she was today?
GD: She was more responsive and more lucid on December 7th.
JG: More so than today?
GD: Yes.
JG: She told you that the basis of her (knowledge) of the 40 caliber ... was the defendant told her?
GD: Yes.
JG: Did she tell you when the defendant told her that?
GD: No.

There are questions about how she knew the caliber of the weapon and the make. I believe Goldstein asks the detective if he showed her a photograph of a weapon.

GD: I don't thin we showed her a photograph.  ... But I believe we might have done that during the interview.

Goldstein confronts the detective whether or not there is any testimony about showing her a photograph of a weapon.

GD: I haven't seen that in the transcript.
JG: If you did that it would be on the tape?
GD: (Correct.)
JG: You were at the crime scene?
GD: Yes, I was.
JG: Were you in the room she described she was in where he hit her and ...
GD: (Yes.)
JG: How did you get to that room?
GD: Via stairs at the rear of the property.

The detective verifies that the entry door to the upstairs apartment was off it's hinges.

JG: That's a "rear apartment?"
DG: Correct. (You could say that. It's to the rear of the residence.
JG: The bodies. Where were they in relation to the building.
DG: They were to the side.

The bodies were discovered on the west side of the building, southwest corner of residence as you face it.

JG: How many feet would you estimate the building is?
GD: From corner to corner?
JG: Yes.
DG: Guess, 45 to 50 feet. ... Might even be a little less than that.

Cross ends.

Judge Giss goes on the record with his impressions of the witness and her level of lucidity.  He is clear to state that he is not an expert witness.  He notes that her eye lids were not droopy. Her speech was not slurred. She appeared a little flaky but appeared lucid. Judge Giss comments that this might be her personality.

Akemon redirects his witness.

DA: Did she say over the lunch hour, she didn't want to be thought of, labeled as a snitch?
GD: (Yes.)

Diaz confirms that the apartment door was kicked off it's hinges. There was a slight splintering of the door.  Diaz states he walked into the living room and describes the apartment. He also describes the window in John Doe and Dandy's room. He is asked if he could have seen the bodies from that window.  Diaz comments on the bushes and the lighting.

DA: How far as the crow flies would that distance be? (From the window to where the bodies were.)
GD: Twenty to twenty-five feet.
DA: If someone were to shout...
JG: Objection!  (Miss ruling.)
DA: Would that have been within earshot?
GD: Yes.

There is another question about distances by Judge Giss.

Redirect ends and recross begins.

JG: Did you take photos of that window?
GD: Yes.
JG: Was that window open?
GD: I don't know. I'd have to look at the photos.
JG: Would that make a difference s to what the person could hear?
GD: I would say so.

Cross ends and the witness is excused.

5: DANDY ABRENICA.
(Note. To my ear, it sounded like some witnesses, at times identified Dandy as Danny. Sprocket.) Dandy appears to be a young man in his early 20's.

The witness's first language is Filipino. A court appointed male interpreter will interpret the questions and answers for the witness.

Abrenica doesn't speak much English.  He was not born in the US.  He's been in the US about three years in August.

DA: Have you tried to learn some English?
Dandy A: No.
DA: Do you know any English words?
Dandy A: A little.
DA: Are you more comfortable testifying in your native language?
Dandy A: Yes.
DA: Do you know a person named Ka Pasasouk?
Dandy A: Yes.
DA: Is that person in the courtroom today?
Dandy A: Yes.
DA: Please point the person out.
Dandy A: He's in blue.
Judge Giss: Are you (intending) on remaining in the US for the next several years?
Dandy A: Yes.
Judge Giss: I want to be sure he will testify in the future.
DA: How do you know Mr. Pasasouk?
Dandy A: He stayed at the same place I lived, a boarding house.
DA: On December 1st, did you reside at 17741 Devonshire, in Northridge?
Dandy A: Yes.
DA: Did you share a room at that location with anyone?
Dandy A: Yes.
DA: Who did you share a room with?
Dandy A: John Doe.
DA: John Doe?
Dandy A: Yes.

DA: How long did you reside at that location?
Dandy A: About one year.
DA: During that one year, did you ever see Mr. Pasasouk there?
Dandy A: When he lived there for about three months.
DA: When he lived there, did you see Mr. Pasasouk with a gun?
Dandy A: When something happened.
DA: How many times did you see Mr. Pasasouk with a gun?
Dandy A: Only once.
DA: What did the gun look like?
Dandy A: I think it must be a 45 (caliber?).
DA: What color was it?
Dandy A: Black.
DA: Are you sure it was a 45 caliber?
Dandy A. No.
DA: How did you know the caliber of the gun?
Dandy A: Because it is being ....

The interpreter is having difficulty answering so DDA Akemon withdrawals the question.

DA: Did the police detective ask you about something that happened at that residence?
Dandy A: Yes.
DA: When the police interviewed ou, did you tell them you thought the gun was a 40 caliber?
Dandy A: Yes. Because they showed me a gun.
DA: Did police show you (a photo of?) his gun and ask you if it looked like that gun?
Dandy A: Yes.
DA: And you told him it looked something like that gun?
Dandy A: Yes.
DA: Are you assuming it was a 45 or something else?
Dandy A: (Yes.)
DA: Do you remember telling detectives it was a 40 caliber?
Dandy A: Yes, but...
DA: Is it accurate to say you are uncertain of the size of the gun?
Dandy A: I'm not that well acquainted with guns.
DA: So, you're not certain?
Dandy A: I'm not.

Akemon now asks the witness about the events late in the evening of December 1st.

DA: On that day, were you living in the house in the upstairs bedroom with John Doe?
Dandy A: Yes.
DA: Did you see Mr. Pasasouk at the residence during the day or during the night?
Dandy A: Yes.
DA: When is the first time on Saturday you saw Mr. Pasasouk?
Dandy A: About 10 PM, in the evening.
DA: Where did you first see him?
Dandy A: Upstairs, where we were staying.
DA: On that night, were you residing in that apartment with Mr. Doe and Ronnie?
Dandy A: Yes.
DA: When he (defendant) first appeared, was he with anyone else?
Dandy A: Yes.
DA: Who was he with?
Dandy A: Howard.

Akemon presents People's exhibit 2, the photograph with small photos around it. I believe the witness identifies the image in the photo as the room he lived in with Mr. Doe.

DA: Upper right (photo); who is that man?
Dandy A: Howard.
DA: When Howard and Mr. Pasasouk came to the apartment on Saturday night, was anything unusual happening?
Dandy A: They were already inside the room. ... Mr. Doe and myself were lying down.
DA: How did you know they had entered the apartment?
Dandy A: When they first arrived, we went into our bedroom.
DA: Were you playing cards?
Dandy A: We were in the living room, bust talking.
DA: What caused you to go into your bedroom?
Dandy A: No particular reason. We just went to rest.
DA: Just went to go to sleep?
Dandy A: Yes.
DA: Mr. Doe was there with you?
Dandy A: Yes.
DA: Anyone else with you?
Dandy A: No.

DA: While in your bedroom with Mr. Doe, did something unusual happen after that?
Dandy A: None. We did not see anything because we were in our room.
DA: Did anyone else enter your room?
Dandy A: All of a sudden, Ronald and Jun came in.
DA: Who (else?) came in?
Dandy A: Ka and Howard came in.
DA: What happened?
Dandy A: He was looking for Tina.
DA: Did Mr. Pasasouk say anything?
Dandy A: He did.
DA: What did he say?
Dandy A: He was talking to Evelyn but I couldn't understand what they were saying.

Evelyn was there. Mr. Doe, Ka, Howard and Jun. All these people, and Howard and Mr. Pasasouk, came in.

Dandy A: Roil and I were sleeping. ... We were awakened when Evelyn, Jun and Roland came into our room.
DA: Did you know why they were there?
Dandy A: (No.)
DA: At about 3 AM, did Ka come into the room at that time?
Dandy A: Yes.
DA: Did Ka have a gun in his hand?
Dandy A: Yes.
DA: What did you see Ka do with the gun?
Dandy A: He hit Evelyn with the gun.
DA: When Ka hit Evelyn with the gun, would you please describe to the judge what Ka did with the gun?
Judge Giss: Witness raises his right arm up and made downward motions with his had.
DA: What part of the body did Ka hit Evelyn?
Dandy A: He hit her on her head. ... He hit her on the back of her head and on the right side.

DA: Is that a photo of the bedroom?
Dandy A: (Yes.)
DA: On the right side, there is a widow and drywall covering part of the window?
Dandy A: Yes.
DA: And right next to the wall is a bed with a gray spread.
Dandy A: Yes.
DA: Is that your bed?
Dandy A: Yes.
DA: When Ka came in and hit Evelyn, were you on your bed?
Dandy A: Yes.
DA: Do you remember whether or not the bedroom window was open or closed?
Dandy A: It usually was open.
DA: The photo (says?) the window might be open a bit?
Dandy A: Yes.
DA: Do you recall the window was like that?
Dandy A; Yes.

DA: When Mr. Pasasouk hit Evelyn, was she at (the foot of the bed?)?
Dandy A: She wasn't far from the foot of the bed.
DA: Would you have been able to reach up and touch er?
Dandy A: I can't because I was lying down.

There is another question about where Evelyn was in the room.  Dandy states he was lying down sideways, on his side.

DA: Where was Evelyn in relation to you when Ka came in?
Dandy A: Foot of the bed.
DA: Jun?
Dandy A: Right next to Evelyn
DA: Where was Mr. Doe?
Dandy A: Lying down on his bed.
DA: Roland:
Dandy A: Roland was sitting at the foot of Mr. Doe's bed. ...

Roland was toward the foot of Mr. Doe's bed.

DA: When Ka came in did you hear him say any words?
Dandy A: He and Evelyn were talking but I couldn't understand (them).
DA: Did he say, "Where's Christina?"
Dandy A: Yes.
DA: Did you see Ka hit Evelyn? ... did she fall to her knees?
Dandy A: No.
DA: Tell the judge what (you saw?).
Dandy A: He hit Evelyn with the gun.
DA: Did you see him point the gun at Evelyn?
Dandy A: Yes.
DA: He was pointing the gun towards Evelyn?
Dandy A: I was lying down.
DA: Do you know why he was pointing the gun at Evelyn?
Dandy A: No.
DA: After Ka hit Evelyn with the gun, what happened next?
Dandy A: They went downstairs.

DA: After they went downstairs, did you hear voices outside the bedroom?
Dandy A: yes.
DA: What did you hear?
Dandy: "Raise your hands!  Get down!"
DA: Did you hear, "Put your hands up motherfucker?"
Dandy A: Yes.
DA: Did you recognize any of the voices?
Dandy A: No.
DA: Then, what did you hear?
Dandy A: Heard four or five gunshots.
DA: How much time passed between the time passed... give us an estimate... between when he hit Evelyn with the gun and you heard the words?
Dandy A: About three minutes. It's only short time.
DA: Do you remember telling the detective it was only a minute?
Dandy A: It might have been about that time. ... It was a short time.
DA: After Ka hit Evelyn with the gun, did Kay leave with Howard?
Dandy A: Yes.

Now Akemon goes over the complete sequence of events again.

DA: Where were voices coming from?
Dandy A: Outside our room; outside the house.
DA: When you were lying down on your bed, the widow is on the left hand side?
Dandy A: Yes.

Judge Giss calls the afternoon recess.  Court will resume at 3:20 PM.

It's almost 3 AM, I'm very tired. There is still the cross of Dandy and the first part of the testimony of Mr. Doe, Dandy's roommate.  I will try to complete this day's testimony tomorrow morning before court resumes at 10:30 AM. Sprocket. 

3:20 PM
Direct is finished and cross begins.

JG: ... Take you back to the (bedroom?) that night.  You saw the defendant come into the living room area?
Dandy A: Yes.
JG: And was that when you first saw the gin that night?
Dandy A: Not yet. Not at that time.
JG: Do you know if he left your apartment before going into your bedroom?
Dandy A: No. Because we had already went into our bedroom.
JG: But at some time you saw the defendant come into your bedroom .... and hit Evelyn on the head?
Dandy: A: Yes.
JG: After he hit Evelyn with the gun did he point the gun ant Evelyn?
Dandy A: Yes.
JG: After he pointed the gun at Evelyn, what did he do after that?
Dandy A: They talked to each other, him and Evelyn.
JG: What did the defendant do?
Dandy A: Went downstairs.

JG: Did the defendant ever point the gun at you?
Dandy A: I did not notice.
JG: Did you see the defendant point the gun at you?
Dandy A: No.
JG: Did you see the defendant point the gun at Jun?
Dandy A: No.
JG: Did you see the defendant point the gun at Mr. Doe?
Dandy A: No.
JG: Did you see him point the gun at Ronnie (Roland)?
Dandy A: No.
JG: After the defendant hit Evelyn, talked to Evelyn, he turned around and he left?
Dandy A: Yes.

JG: And do you remember being interviewed on December 11th, 2012?
Dandy A: Yes.
JG: Did you tell the detectives that the defendant had a 45 caliber handgun?
Dandy A: Yes.
JG: Why did you tell the detective it was a 45 caliber?
Dandy A: Because that was the type of gun you need to load it and you have to pull it.

Now there are more questions about the caliber of weapon and a 38 verses a 45 caliber.

Dandy A: I saw it. ... I saw it. It's like a revolver.
JG: How did you know it was a 38 caliber?
Dandy A: Like it was a revolver was revolving.
JG: Do you think all revolvers are 38?
Dandy A: I don't know.
JG: Do you think all semi-automatics are 45 caliber?
Dandy A: I don't know that either.
JG: On that date, that was not the first time you had seen the defendant?
Dandy A: No.

There are questions about how much Dandy had talked to the witness in the past. "Not much." He never had much conversation with Ka. (Ka and Christina) didn't have a kitchen, so they used the upstairs kitchen.  They would say "Hi," to each other.  Now there are questions about recognizing Ka's voice.  It was seldom that they would speak to each other.

JG: The voice you told police that said, "Put your hands up. Get down." You didn't recognize it?
Dandy A: No.

Cross is finished and there is no redirect. The witness is excused.

At first, the prosecution wanted to call Wanito (sp?) Mendoza, but he had left the floor and went downstairs.  The prosecution calls a witness out of order, Mr. Doe. A different interpreter is called to interpret, a woman.

6. JOHN DOE. (Pseudonym per witness request)

Mr. Doe's first language is Tegalog, (mostly spoken in Manilla). Mr. Doe is 39 years old.  He's spoken English for the past 18 years.  He is more confortable testifying in his native language.  He understands English.  Judge Giss rules that his testimony will be interpreted.  Mr. Doe's profession is a health care worker.   On December 1st, Mr. Doe was residing at the Devonshire house.  His residence was in the apartment with Dandi, upstairs.

DA: How long had you been residing at that location?
JD: About one month.
DA: Where did you come to know Mr. Pasasouk?
JD: No.
DA: Do you know a person known as Ka?
JD: Yes sir.
DA: Is Ka in the courtroom today?
JD: Yes sir.
DA: Please tell the judge where he's seated and what he's wearing.
JD: He's wearing something blue.
(Judge Giss?): Is he the man with the tattoos?
RT: Yes, your honor.

DA: Saturday morning.  Were you (in? at?) the apartment?
JD: Yes sir.
DA: At some point did you see Mr. Pasasouk?
JD: I was not in the house. I was fixing a car outside. ... I didn't see him outside. ... It was night time. He was upstairs, drinking. ... It was around 9 to 10 PM, in the evening.
DA: What was he drinking?
JD: I don't know. It was some kind of liquor. ... It was in the living room.
DA: The living room in your apartment?
JD: Yes sir.
DA: At sometime that night, or during the early morning hours, did you see Mr. Pasasouk with a gun?
JD: No sir. We had already been sleeping when they were drinking. ... In the living room, outside, I heard voices.

Mr. Doe was in the bedroom with Dandy. They (people in the living room) were just having fun.

DA: At some point, ... around the early morning...
JD: I heard a thud in the door. ... The main entrance upstairs.
DA: Is the entrance upstairs, ... the second floor ... the main entrance to get into your apartment?
JD: Yes sir. ... It was like being hammered and wood was splitting. ... Dandy and I were awakened. ... We saw and we heard the noise of everything.

Evelyn came inside their room.  Ka went inside their room looking for Tina.

DA: Did you se a gun?
JT: Not yet.
DA: When Ka was in your room looking for Tina, who was in the room?
JD: Dandy and myself.

Ka went out and came back with Howard. The second time they came back, Ka had a gun and Howard had a gun.  Mr. Doe is asked what type of weapon. He shows making a gesture, the slide of cocking a gun, Ka's gun.  Mr. Doe can't remember if Ka's gun was black or gray. Howard had a gun, that Mr. Doe is asked to describe.

JD: It's a long gun. I don't know if it was a 38.
DA: Do you know calibers of guns?
JD: No sir. ... He pointed it at Evelyn.
DA: Did he say any words?
JD: "Do you want to see how to shoot?" .. (That) was to Evelyn.
DA: How did it make you feel?
JD: I got scared.
DA: When you saw the gun ... did he point the gun at you?
JD: No sir.
DA: Did you see Ka move the gun left to right while in the room?
JD: Yes sir.
DA: Please describe what Ka was doing when he had the gun.

Mr. Doe describes that he was pointing it and standing. He was moving it from side to side. Mr. Doe is asked about Howard's gun. He did not see it when he came back. It was hidden.  When Ka was pointing the gun, Jun, Evelyn, Roland went into their bedroom.  Akemon asks about each individual who was in the bedroom.  Dandy, Evelyn, Ronald, Jun, and he, Mr. Doe were in the room.

DA: (Did Ka say) "You want to see how to kill a person?"
JD: Yes sir.
DA: Who did he say that to?
JD: To Evelyn.
DA: Did he say to Evelyn, "Come here bitch. (Kneel? Lie?) down."?
JD: She complied, but she was fighting.
DA: When she was seated? ... Tell us how she moved?
JD: She got up and tried to get out of the room.
DA: Did she kneel down?
JD: Yes. When Ka pointed the gun at her.

Judge Giss: Was she on her knees?
JD: Yes.
DA: When Ka said, "Come here bitch, kneel down." Was that when she did it?
JD: Yes.
DA: Was Ka pointing the gun at her at that time?
JD: Yes sir.
DA: When that happened did yo uhear Ka speak to (Howard?)?
JD: I was (just) concerned about my safety.
DA: Did you think you were going to get shot?
JD: Yes sir.
DA: Did Ka say to Howard, "Shoot this girl so we can see if I'm joking or not?"
JD: Yes sir.
DA: Did you see Ka try to give the gun to Howard?
JD: No sir.
DA: When he said that, did Howard respond?
JD: Yes. ...

Akemon asks or Mr. Doe responds, "Don't do that here brother."

DA: Did he say, "No man, don't do it?" ... To Howard, did Ka say, "Here's the gun, you shoot her."? ... Did Howard say, "No man. That's not the right thing, man."?
JD: Yes sir.
DA: When Ka was in the room, did he ask you about the whereabouts of Christina?
JD: He was asking about, "Where's Christina."
DA: Did he say, "I'm going to come back and shoot you all."?
JD: He said, "I will come back if you were lying."

There is some confusion and Judge Giss asks for a read back of the last two questions.

I believe Mr. Doe explains what he (Ka) just said. He would come back if they were lying. He doesn't remember him saying, "And shoot you all."

Judge Giss asks the prosecution if they are considering charging the defendant under certain statutes.  I believe Akemon responds that they are exploring that.

Mr Doe explains that after Ka left, he ran to the toilet to try to get to the roof. He did that because he was scared. He was trying to escape. No one was with him.

DA: When trying to escape, did you hear somebody yell something?
JD: Somebody was yelling. ... I didn't hear the words. It was just yelling, screaming. .... It was a man.

Mr. Doe doesn't know the exact words.

DA: How much time passed?
JD: Just seconds.
DA: When you were going through the bathroom window, did you hear someone say, "Hands up!"
JD: Not yet, because I went back into (my) room. I was concerned about my roommate. ... If he (Ka?) sees someone missing, he might even get real mad.

When Mr. Doe was trying to get out the bathroom window, he scraped himself, injured himself. I believe Mr. Doe then states he went back to the bathroom window.  Ka and Howard went to (Howard's?) room. Then he came down (off the roof?) again. He didn't hear any words.  He then heard the gunshots.

DA: How much time passed?
JD: Twenty to thirty seconds.

When Mr. Doe saw Howard and Ka talking, it was outside his room. When they went down stair,s he heard someone say, "Raise your hands!" Then, "Get down!" Then he heard one gunshot.  Then he heard three gunshots. Mr. Doe can't remember the time frame or how long.

DA: From the time Ka and Howard were in his room talking to the time of the gunshots, how long was it?
JD: Less than a minute.
DA: The first gunshot, it was separate from the others?
JD: I can't tell. ... I heard one, then heard three.
DA: After first gunshot, was there a pause?
JD: Yes sir.
DA: Then there was three after?
JD: Yes sir.
DA: Did you hear the words, "Put your hands up!" Or, "Hands up!" Or, "Kneel down!" Or, "Get down!"?
JD: I heard, "Raise your hands. Kneel down."
DA: When you heard that did you recognize Ka's voice?
JD: It's Ka's voice.
DA: You referred to him as Ka?
JD: Yes sir.
DA: When you heard the words, that was Ka's voice?
JD: Yes sir.

Afterwards, there was panic upstairs and they ran to the back. He then saw Howard's car going around the back. Mr. Doe describes Howard's car as a white Lexus.

DA: Did you see Howard after the gunshots?
JD: No sir.
DA: Did you see Ka after the gunshots?
JD: No sir.
DA: Were you trying to escape?
JD: Yes sir.

Mr. Doe testifies that Dandy, Jun and Evelyn were with him.  After the event, he went to his brother's house.

Judge Giss calls the end of the court day. The witness is ordered back at 10 AM.  Court will resume tomorrow at 10:30 AM.

Continued in Day 3, Part II.....