Ka Pasasouk Convicted of 4 Murders at a Northridge Boarding House

Ka Pasasouk, from his Facebook Page

November 20, 2015
Yesterday, the LA County District Attorney reported that a jury deliberated less than two ours before convicting Ka Pasasouk, 34 of gunning down four people just outside a Northridge, California boarding house two years ago. Deputy DA Daniel Akemon who prosecuted the case said the killing spree began as a robbery.

Pasasouk was found guilty of gunning down Teofilo Navales, Robert Calabia, Amanda Ghossein and Jennifer Kim on Dec. 2, 2012. Jurors found the special circumstance of multiple murders to be true. Pasasouk also was convicted of one count of attempted murder, five counts of assault with a semiautomatic firearm and possession of a firearm by a felon.

Exactly three years after the quadruple murders, jurors will return on December 2, to hear testimony in the penalty phase of the trial. Pasasouk is facing the death penalty.

I attended Pasasouk's preliminary hearing at the San Fernando Courthouse in July 2013. It appeared that several of the witnesses were afraid to testify about what they heard and experienced.

Ka Pasasouk Murder Trial - Jury Selection Begins

Ka Pasasouk, date unknown

Source: Pasasouk's Facebook Page

October 7, 2015
Jury selection began in the murder trial of Laoatian immigrant, Ka Pasasouk, 34.

In the early morning hours of December 2, 2012, prosecutors allege Pasasouk, high on drugs, shot and killed Teofilo Navales, Robert Calabia, Amanda Ghossein, Jennifer Kim, and attempted to kill Sharelle Bax. The shootings happened at an illegal boarding house in Northridge, California, where a house has been broken up into small rooms.

Pasasouk is charged with four counts of murder, one count of attempted murder and four counts of assault with a semiautomatic firearm on other individuals.

It's been over two years since Pasasouk's preliminary hearing, where Judge Giss ruled there was enough evidence for Pasasouk to stand trial. Opening statements could start as early as October 26, 2015. Pasasouk's trial is being held in Dept. 106, the Honorable Judge Larry Fidler's courtroom, the same court as the Phil Spector trial. Deputy District Attorney Daniel Akemon is prosecuting the case.

I attended all of Pasasouk's preliminary hearing back in 2013. If my schedule permits, I will try to attend opening statements.

Ka Pasasouk, Preliminary Hearing Day 3, Part IV

Ka Pasasouk, in custody 

Photo credit: Daily News

Continued from Day 3, Part III.....

UPDATED 11/19: Witness name changed per request
July 31, 2013
The people call Detective Dan Myers.

10. DAN MYERS

Myers has been an LAPD officer for twenty-five and a half years. He's been an investigator since March of 1994.  Myers is the lead investigator on the case.  Myers went to the Devonshire crime scene. When he arrived he saw four victims shot at that location on the west side of the property.

Myers is shown a photo of the victims at the scene.  In the top of the photo, Myers identifies victim Teofilo Navales (aka Jojo Burbank), lying on his back.  The the left in the photo is a male, David Calabia.  He then corrects himself and states the victim's name is Robert Calabia.  "David" is a misprint on the exhibit. The female on the left side is Amanda Ghossein.  The fourth victim, lying on her knees, resting on her elbows was identified as Jennifer Kim.

Myers testifies that he and his partner attended the coroner's examination for every victim. The defense states they stipulate to the coroner's findings.

On December 2nd, Amanda Ghossein, Jennifer Kim, Teofilo Navales and Robert Calabia were shot and killed at 11744 Devonshire Street in the County of Los Angeles.

Deputy coroner Brian Hutchins performed a post-mortem examination (2012-07957) on Amanda Ghossein.  Ghossein died immediately of a gunshot wound to the left parietal side of her head.  The bullet traveled back to front, left to right and downward.  There was no soot or stippling. The manner of death was homicide.

Deputy coroner Yulai Wang performed  a post mortem examination on Jennifer Kim (2012-07598). She suffered two gunshot wounds. One gunshot wound entered at the side of her neck. It was back to front, left to right and upward. There was no soot or stippling.  The second gunshot wound was a through and through. It entered Ms. Kim's back, entered the scapula and exited the neck. This wound was non-fatal.

As the details of the victims wounds are read in court, a low sound starts to permeate the gallery.  Many of the victim's loved ones are sobbing.

On December 4th, 2012 deputy coroner Jason P. Tovar performed the post mortem examination on Robert Calabia (2012-07959). Calabia died immediately from a gunshot wound to the head. A second gunshot wound to the back that was life threatening. The gunshot wound to the head was a "through and through"  The second wound exited the mouth.

(I apologize. During this section of testimony, my pen ran out of ink as I was writing and I couldn't find a replacement pen in my purse fast enough. Sprocket.)

Deputy coroner Ajay Panchal performed the post mortem examination on Teofilo Navales. Navales suffered a gunshot wound to the the head. It traveled from the back of the head to the front.  There was a second gunshot wound, through and through. It entered the abdomen, traveled front to back and left to right. It exited the right side of the back.

Again, the defense stipulates to the coroner's examinations for the preliminary hearing only.

Myers testifies that shell casings were recovered from around various points on the bodies.  People's exhibit 4 is presented. There are four red dots (circles?) outlining where the shell casings were found around the bodies.  Family members of the victims are sobbing behind me.  Myers explains where shell casings were recovered around the bodies.  All four casings were 40 caliber range.  All of the casings were booked into evidence by criminalists.

Myers is asked to explain what a casing is. Myers explains, "It's part of a cartridge. ... It's what is ejected from the weapon."

DA: In attending the post-mortem did you collect the projectiles from the bodies?
DM: Yes.

Myers testifies that he observed the recovery of all the bullets (by the coroner's) and collected them from the LA County Coroner's office. He then booked them into evidence. He observed the recover of the bullets from Jennifer Kim, Amanda Ghossein and Teofilo Navales.  For Robert Calabia, the bullet that entered his skull was recovered at the scene. It was recovered from a knit cap he was wearing at the time. Myers testifies as to the items and what numbers they were booked into evidence under.

Myers states an effort was made to recover the weapon. They served search warrants at the defendant's aunt's house. They brought in an archaeological team. They were unsuccessful. They never recovered the weapon.  They recovered a weapon from underneath the front passenger seat of a black Audi in Nevada.

DDA Akemon states there is one last brief area to review.

DA: In connection with the investigation, did you interview Christina Neal? ... Was she initially reluctant to speak to you?
DM: Yes.
DA: Did she eventually speak to you?
DM: Yes.

Akemon now reads from a transcript of Christina Neal's interview with Detective Myers.

DA: Did she say, "Like when if you if it's not true Ka. ... He told me that he shot people. ... He told me that he shot JoJo and a person named Robert."  Do you remember (that conversation)?
DM: Yes I do.
DA: Do you recall Ms. Neal saying, "He, he said that ... cause (caused him?) to shoot everybody. ... But Howard's gun was supposed to do it, but he got scared.  ... But for Howard to search (through?) the people but Howard didn't want to do it." Did you get that answer from Ms. Neal?
DM: Yes.
DA: Do you recall asking Ms. Neal, "Did he say head shots? (And she responded) "He said they were all shot in the head."  Myers then said, "He said that?"  (Ms. Neal responded) "He said that. He shot five times. H said he counted." Did you hear Ms. Neal give those answers?
DM: Yes, she did.
DA: Did you ask Ms. Neal, "You said it was four?" (Ms. Neal answered) "He started mentally counting bullets. 1,2,3,4,5. He said he shot JoJo twice." (Det. Myers asks) "Did he say any particular order?" (Ms. Neal answers) "No he didn't. He just said he shot JoJo twice."

Myers affirms those statements were made to him by Ms. Neal.

In the second interview with Christina Neal, more questions were asked about the weapon Pasasouk used.  Akemon goes over more of the transcript with Myers, identifying each speaker.

Myers: Did he say what he shot them with?
Neal: Just a gun.
Myers: Was he specific what.....
Neal: He said that Howard's gun was supposed to get used but it didn't get used.
(Another question and answer, and another question.)
Neal: He said that he shot them in the head.

Judge Giss has a question for the defense.  I believe it's James Goldstein who tells the court he doesn't believe those specific questions were asked of Ms. Neal.  Goldstein states he doesn't think it's his function to call Ms. Neal back to the stand.

JG: Those statements (by Detective Myers) are inadmissible.
Judge Giss: I don't remember any specificity. ... And I don't remember any inconsistent statement.

I believe the people state they have three (theories?) of admissibility.  Ms. Neal testified to it and all statements (and Myer's testimony) comes in under Proposition 115.  If at some point, she is not available. Akemon continues that, "Because at some point she was inconsistent so we did in an abundance of  caution."

Akemon states they put these statements in the record now in an abundance of caution if she's unavailable.  Goldstein states he cannot argue under 115 solely and that his recollection of Ms. Neal's testimony differs from the prosecution as to what she testified to.

I believe it's Judge Giss who states, "If it's that critical, then ask for a transcript."  But he agrees that under 115 the testimony comes in. "If at some point she's unavailable... and (Det. Myer's testimony about what she said) is ruled inadmissible under 240, ... you could go at it. ... I can't say it's a prior inconsistency without having the transcript."

(Let me explain here for those who are not familiar with this particular law. Proposition 115 allowed certain witnesses to testify to hearsay at preliminary hearings.  The issue regarding Detective Myers's testimony about what Ms. Neal said to him has to to with whether or not her statements when she was on the stand are inconsistent with her tape recorded interview with detectives.  If her testimony under oath was inconsistent with what she said to detectives, then it would be admissible for Detective Myers to testify as to what she said, previously.  

However, at the time that Detective Myers testified, the court did not have a ready copy of the court transcript of Ms. Neal's testimony, to verify that her statements were inconsistent with her prior interview with detectives.  Nor does the court have a copy of Ms. Neal's interview with detectives. If it's proven that her testimony was inconsistent, and Ms. Neal does not testify at trial, then it's my understanding that -along with Ms. Neal's testimony at the prelim- Detective Myer's complete prelim testimony would be admissible at trial. Sprocket.)

Judge Giss: Anything further from this witness?

Detective Myers testifies about Pasasouk's prior criminal record. Pasasouk had several prior felony convictions. On May 4th, 2006, Pasasouk was convicted of second degree robbery.  On November 17th, 2005, Pasasouk was convicted of assault by means to commit great bodily injury.  The people move to admit into evidence a two page document detailing the defendant's prior convictions.  The defense have no objection.

Judge Giss goes on the record about Detective Myer's testimony about Ms. Neal's prior statements.  At the time, Judge Giss would not have known that the court would need a transcript to verify... that the statements were from the recorded interview that the court does not have a copy of and would not be privy to.

3:00 PM
The afternoon break is called.
The courtroom is very busy, with other business going on during the break.

3: 20 PM
Back on the record. Detective Myers is still on the stand.

DA: Did you interview Wanito Mendoza?
DM: (Yes.)
DA: Did you ask him about a voice he heard outside of the house?
DM: Yes, I did.

Akemon reads a section of the transcript of the interview with Mendoza to the detective, identifying each speaker.

Myers: So what did you hear?
Mendoza: Raise your, raise your hands up.
Myers: Raise your hands up? .. Who says that?
Mendoza: Ka, of course.
Myers: It was Ka?
Mendoza: Yes. I assumed because I didn't see.
Myers: Don't assume.
Mendoza: I didn't see.
Myers: Did it sound like Ka.
Mendoza: It sounded like Ka.

DA: Did you ask those questions of Mr. Mendoza?
DM: Yes, I did.

Detective Myers is finished and the prosecution calls their next witness.
 

11. KATHLEEN ALVARADO

Ms. Alvarado is a criminalist with the LAPD, assigned to firearms analysis.  She is someone who responds to crime scenes, collects evidence, analyzes evidence then prepares a report.  She's been a criminalist for six years.  She gives her CV: education, training and background, that qualifies her as an expert witness.  She has a bachelors in biology and a masters in criminalistics. She is currently with the firearms examination unit.  She has also taken outside training. She's completed the competencies to do the work.  She's testified about ten times and performed about 100 firearms analyses.

Alvarado also explains that a cartridge is a piece of ammunition.  She explains all the parts that go into a cartridge casing.  She then explains the physics of a fired bullet.

Alvarado examined the evidence in this case.  She examined four projectiles; four bullets.

DA: Did you form an opinion?
KA: Yes.
DA: What is your opinion?
KA: ... is that they were all fired from the same firearm.

Alvarado testifies that she did a type and caliber. The bullets are consistent with a 40 caliber, six lands and groves with a right twist.  Her opinion is, all four bullets were fired from the same firearm.

KA: They were fired from a semi-automiatic firearm.

Alvarado also examined shell casings, evidence item numbers 116, 117, 118, 119. She performed an analysis on the shell casings.

DA: What is your opinion?
KA: These four casings were fired from the same firearm.

Alvarado explains she used the fire pin and fire breach to compare. All bullets and casings came from the same firearm.  Alvarado also examined a live round cartridge.  She compared it to the shell casings that were recovered around the bodies.  Alvarado's opinion is that the live round was cycled through the same weapon.  She looked at the "ejector mark" to make the comparison.  She came to the conclusion the markings on the live round matched the spent cartridge casings.

Alvarado also examined the recovered revolver.  She compared the revolver to the other firearm evidence.  It didn't compare because of characteristics.  The revolver was a 38 special.  That revolver has eight lands and groves.

DA: So that revolver was excluded as cycling those cartridges?
KA: Correct.

Alvarado tried to determine the different types of makes and models of weapons that could have fired the bullets.  She can do that on the bullets.  She came to the conclusion that a Ruger could have been used.

Direct is finished and cross begins.

JG: Ruger is a manufacturer?
KA: Yes.
JG: What about Smith and Wesson?
KA It is also a manufacturer.
JG: You also mentioned Smith and Wesson?
KA: That's in relation to a cartridge.
JG: Did you eliminate from your analysis a Smith and Wesson as the gun in this case?
KA: Smith and Wesson is not on the list that could have fired these bullets.

Alvarado explains what caliber is. She also explains "lands and groves" which are tool marks inside the barrel of the weapon, that help to move the bulled down the barrel. Alvarado explains the FBI's firearms database. She inputs the information (lands and groves, caliber) into an FBI database and it will come back with a list of weapons that could have been used to fire the bullet.

Testimony finished.

The people move that all the people's exhibits be moved into evidence. The people rest.

Judge Giss: Does the defense wish to put on a defense?
JG: No, your honor.

Judge Giss then goes over the charges, count by count. There are 10 counts against the defendant. Judge Giss discusses counts 6 through 10. These are victims John Doe (Pseudonym per witness request. Sprocket), Dandy, Ronald, Evelyn, Wanito.

Judge Giss explains the research he did last night, that describes "...crimes against persons.  Presenting a gun at a person is a (Penal Code) 245."  Judge Giss then goes over case law that he is relying on. The court describes the case and reads from the prior ruling. "Assault is a very sophisticated, elusive matter."  Judge Giss rules there is sufficient evidence for these counts against the defendant to stand.

Then Judge Giss goes onto count 5, attempted murder against Ms. Bax.  Judge Giss mentions the act of hitting Ms. Bax with the weapon. "Defendant used the gun to hit Ms. Bax, but that, I don't think, is sufficient evidence."  He then mentions the verbal threats, and that there's nothing that follows that.  There's no conduct that follows up on that verbal intent.  Judge Giss then reads from jury instruction, CALCRIM 600.  "A direct step is one that goes beyond.... an unambiguous step to get towards...."

Judge Giss continues. "It's close. I think there's enough evidence to support it."  The court mentions that there is another charge that could be filed, solicitation of murder, 653, sub section 'D'.  Judge Giss thinks the prosecution could file another count under 653, F.

(I don't understand Judge Giss mentioning 653.d but I understand 653f, which describes solicitation for various crimes, including assault. Sprocket.)

I look up from my notepad and take a glance at the defendant. He's nervously bouncing in place.

Count 1, murder of Teofilo Navales
Count 2, murder of Robert Calabia
Count 3, murder of Amanda Ghossein
Count 4, murder of Jennifer Kim

There is sufficient evidence to hold defendant to answer.  Sufficient evidence the defendant used a firearm.

Count 5, willful, deliberate premeditated murder of Ms. Bax, a human being, 187a.

Judge Giss mentions it's charged as murder. "That's an inadvertent error." It should be attempted murder, 664a.  Judge Giss corrects the document and states, "The court has made those amendments."

Judge Giss rules there is sufficient evidence to answer for assault with a firearm, (counts 6 through 10) with (spec?) named defendant on each of the counts.  The allegation that the defendant used a hand gun, Judge Giss finds that's true.  The ex-con with a gun allegation, there's sufficient evidence to hold with that count.  Judge Giss rules there will be no bail because it's a special circumstance case. The evidence to support the case is strong.  The arraignment will be held August 14th, 2013 in Dept. N.

Judge Giss then mentions that he appreciates the civility between counsel.  Sometimes it's very unruly, and he appreciates the civility.  Goldstein leans in to speak to his client before he's taken back into custody.

And that's it for the preliminary hearing.

KPCC's Rina Palta's report:
Ka Pasasouk, Northridge man accused of killing 4, to stand trial for murder

Ka Pasasouk Preliminary Hearing Day 3, Part III

From Ka Pasasouk's Facebook Page.

Continued from Day 3, Part II....

UPDATE 11/19: Witness name changed per request

1:00 PM
I ate my lunch quickly in the cafeteria and headed back to the fourth floor to plug in my laptop beside a hallway bench.  The woman sitting on the bench next to me turned out to be Robert Calabia's mother, Alejandra.  She sat next to me in the courtroom several times during the proceedings.

Normally, I do not approach victim's families when I cover a court proceeding. I prefer to give them their privacy.  But Ms. Calabia had spoken to me a day before inside the courtroom when we were seated next to each other.  She had shown me a photograph on her phone. At the time, I wasn't sure which victim she was referring to.  So this time, I ventured where I normally don't go. I asked Ms. Calabia if she was related to one if the victims.  She told me it was her son, Robert.  She showed me a photo on her phone of a smiling, handsome young man.

I asked Ms. Calabia to tell me about her son. Robert, her youngest child was an LVN, nurse.  He worked at Cedars Sinai Hospital, just like she did. So I could get the correct spelling of her first name, she showed me her employee badge, where she worked at Cedars as a certified nursing assistant.

Alejandra told me about her son. "He was a very popular nurse with the patients.  He took good care with the patients."  Robert was a kind person and people were always asking favors of him.  "Because my son had a car, they (friends) often asked him for rides to places." Alejandra also stated that the two women with Robert, "..often came with Robert to my house."

Alejandra told me why Robert drove to the Devonshire residence. "He was there to pick up Jun."  Jun supposedly had called Robert and asked for a ride.  Robert knew Jun because of an ex-girlfriend he dated named Ann (sp?) Ann is Jun's niece. "That's how they all knew each other," Alejandra said.

I do not know how much of this is accurate, regarding why Calabia and his passengers drove to the Devonshire residence. I do not know if the detectives verified if there were phone calls from Jun to Robert or not.

There has been very little in the news about the victims other than their names and photos. It's unknown why Kim and Ghossein were in Calabia's car at 3 AM on the morning of December 2nd. Other than what Ms. Calabia told me about her son, I don't know what the other victims did for a living, if the photos of the child with Ghossein is her daughter, or if she or Kim were married, etc.

Victim Amanda Ghossein's memorial fund Facebook Page shows a beautiful young woman with a young child that could be her daughter.  A similar photo of Ghossein with a young child was included in an LA Times article. Then, Ghossein's mother and aunt spoke to the press about their anger towards Van Nuys Judge Jessica Silver who agreed to let Pasasouk enter a drug program verses being sent back to prison. 

There appears to be a photo of victim Jennifer Kim on a Facebook Donation Page set up for her that matches a photo identified of her on NBC.com.

NBC.com has a photo of Robert Calabia online that looked similar to the photo his mother showed me.  There's also a photo on NBC.com of Teofilo Navales, aka "JoJo Burbank." I also found an Obituary page for Navales, indicating he was married and had three daughters.

July 31st, 2013
1:30 PM
I'm inside Judge Giss's courtroom, Dept. I. There is some friendly banter in the well between Detective Myers and defense attorney James Goldstein.  In the gallery are and older, petite woman and a handsome teen in a white shirt and tie.  I've seen DDA Akemon speak to them several times. I make a guess they are not victim relatives but could be friends or family of Akemon.

The defendant is brought out.  The next witness will be 'Jun' aka as Wanito Mendoza, Jr.  Mendoza will testify in his native language although he understands English.  The female interpreter joins him in the witness box.

8. WANITO MENDOZA, JR. (aka 'Jun')

Mendoza, (Jun) states he's 51 years old.

DA: Do you speak English?
WM: Yes sir.
DA: What is your first language?
WM: Tagalog.
DA: How long have you spoken English?
WM: The (medium?) language in Filipino is English.

Wanito states he spells his name "Jun."  Judge Giss states that the people's exhibit (with the photo of John Doe (Pseudonym per witness request. Sprocket) & Dandy's bedroom and the individuals who were there) has the spelling as "Joon."  The photo exhibit is corrected.

DA: Do you know a person by the name of Ka Pasasouk?
WM: Yes.

Jun is asked how many times he saw the defendant.  He pauses before he answers, as if to try to come up with a figure.  He saw the defendant "around a hundred times."

DA: What is your relationship? Is he a neighbor? A friend?
WM: I just know him.
DA: On December 1st, which was a Saturday, did you go to a residence, 17441 Devonshire St?
WM: Yes sir.
DA: (What time) Did you arrive at that location at?
WM: Approximately 9-10 PM.
DA: When you arrived, did you see Mr. Pasasouk?
WM: Yes sir.
DA: Is Mr. Pasasouk in the courtroom today?

Jun identifies the defendant.  I start to wonder if the interpreter is adding the word "sir" to the witnesses answers herself.  To me, it appears this witness and the last witness that used this same interpreter, their answers were often the same, "Yes sir."  When the male interpreter was being used, the witnesses sounded like they were using the same word for 'yes,' but the male interpreter did not add the "sir" in the English answer.

DA: Did you ever see Mr. Pasasouk with a gun?
WM: Yes sir.
DA: Where was Mr. Pasasouk when you saw him with a gun?
WM: At the second floor.
DA: Do you mean the apartment at the back on the second level?
WM: Yes sir.

Jun was visiting on that day. He knew Howard.

WM: I just know him (Howard), like an acquaintance.
DA: Did you see Mr. Alcantara with a gun?
WM: Yes sir.
DA: Where was Mr. Alcantara when you first saw him with a gun?
WM: Also on the second floor.
DA: Was Ka on the 2nd floor .....
WM: I saw them both together.

Jun is asked to describe the guns.  Jun describes Pasasouk's gun as a 45 mm, but then he wavers and says "It's a maybe 45 mm."

DA: What color was it?
WM: I don't remember.
DA: Where was Ka's gun when you saw it?
WM: In his hand.

Akemon asks about Howard's gun and what it looked like.

WM: That one, it's like a revolver.
DA: Where was Mr. Alcantara's gun?
WM: Also in his hand.
DA: When you saw them with gun, where were they?
WM: When they were on the second floor.  ... He was looking for Christina.
DA: Who was (looking for Christina)?
WM: Ka.

He understood Ka. Ka was speaking ordinary English.

WM: The first one I saw was Ka first. I only saw Ka. The second and third time I saw Howard.

The first time Jun saw Pasasouk, he came into the apartment by himself. He only saw Ka because Jun said, "I was inside the room."  Jun was in the "first room." Ka walked in the front door of the apartment.

DA: that's a living room area?
WM: Yes sir.

Now it's explained that Jun was in the first bedroom, not the living room of the apartment.

WM: The first time, I was in the first bedroom with Ronnie (Ronald) playing cards.

The first bedroom was Ronnie's bedroom. The second bedroom was where Mr. Doe and Dandy (were). The first bedroom was where he saw Ka with the gun.  The first time was when Ka was asking for Christina.

DA: Did he point the gun at you?
WM: No.
DA: Did he poin the gun at anyone?
WM: Yes. ... Ronald.
DA: What happened after ....
WM: Nothing.
DA: Nothing happened and then something was said?
WM: Yes. There was something said.
DA: Do you know what was said?
WM: I don't know exactly, but what I got was, "You also, you also." .... It was to Ronald.
DA: Did you see Ka do anything with Evelyn at that time?
WM: Yes sir. ... He pushed her from the living room.

Akemon asks if a gun was pointed at Evelyn.

WM: Yes sir. ... It was pointed at her and her back.
DA: After Mr. Pasasouk pointed the gun at her and at Ronald did he leave?
WM: Yes sir.
DA: Did he come back?
WM: Yes sir.
DA: When he came back, was he with Howard?
WM: Yes sir.

Jun explains what happened when Pasasouk and Howard came back.

WM: I said that we should get out of there, because Ronald's bedroom had no lock on the door.  .... It's better that I get in the room with a lock.

Jun left Ronald's room and Evelyn went with him. When he went to the other (bedroom) Ronald and Evelyn was with them.  Someone closed the door.  Once in Mr. Doe & Dandy's bedroom, they (Ka and Howard) arrived. Jun told them to open the door.

DA: Who opened the door?
WM: It was probably Ronald. ... I can't remember
DA: When Ronald or someone else opened the door, what did you see?
WM: Ka and Howard. ... They both had guns from before. ... He pointed the gun at Evelyn.

I believe Goldstien objects. He wants to know specifically who had the gun pointed at Evelyn.

DA: When Mr. Pasasouk was in the door, did you see Mr. Pasasouk point a gun at Evelyn?
WM: Yes sir.
DA: Please demonstrate.

Judge Giss describes what the witness does.  The witness used a left and and move it out and did a striking motion. Jun saw Ka hit Evelyn with the gun on the right side of her head.

When I look towards the back of the courtroom on my right, every seat is filled in the right side of the gallery with young Filipino men and women.

WM: Evelyn was able to evade it a bit so it didn't hit her hard.
DA: Did Mr. Pasasouk say anything at that time?
WM: I don't ... I don't know what was exactly going on.  ... Ka was blaming everyone. ... It's like, ah, he was looking for Christina and blaming everyone about it.
DA: Did he mention shooting (threatening to?) Evelyn?
WM: He mentioned that. ... He told Howard.
DA: What did he tell Howard?
WM: He said, "Shoot her. Shoot her."
DA: Did Ka say to shoot Evelyn in order to make an example of her?
WM: Yes, but he did not do it. ... The gun was pointed ... and then he hit Evelyn. ... And Evelyn was able to evade and then he left.
DA: Did Mr. Pasasouk tel Howard to shoot Evelyn?
WM: Yes sir.
DA: But Howard refused?
WM: Yes sir.
DA: Howard had his gun out. Did Evelyn say anything to Mr. Pasasouk when he was threatening her?
WM: Don't shoot me. Don't shoot me." ... Ka left after threatening Evelyn.

DA: After he left, did you hear any voices outside?
WM: No sir.
DA: Did you tell the detective when you were interviewed on January 2nd, 2013, that you heard Ka say, "Put your hands up," outside?
WM: I heard that, but I don't know who exactly.
DA: Did you tell detectives that it was Ka?
WM: I cannot say that because I did not see it. ... I heard something like, "Raise your hands." ... It's hard to say.

DA: After you heard, "Raise your hands," did you hear gunshots?
WM: Yes sir.
DA: How many did you hear?
WM: Five or six.
DA: On January 2nd, do you remember telling detectives that  it was Ka who said, "Put your hands up?"
WM: I can't recall, but I heard it.
DA: Do you recall telling the detective that, "Ka was using a really aggressive voice?"
WM: That was earlier, when he was upstairs.

Jun continues to backtrack on identifying the voice he heard outside as the defendants.

WM: But I don't know who it was really.
DA: Do you remember the detectives asking if you heard Howard's voice?
WM: It's really hard to say. ... Whomever in that position would not know.
DA: How do you feel about testifying today against Mr. Pasasouk?
WM: What do you mean? ... Nothing. ... I feel helpful. ... The truth. Nothing more, nothing less.
DA: Do you feel you know Ka's voice better then or now?

Akemon them moves to another topic.

DA: Have you had any issues in your life with substance abuse?
WM: Yes, there are issues.
DA: Please tell us about them please. ... Are you trying to get help for substance abuse?
WM: No sir.
DA: Were you using drugs on December 1st?
WM: Yes. I tasted it.
DA: What is the drug (you were using)?
WM: It's not my choice. I just tasted it.
DA: Were you doing drugs with Mr. Doe?
WM: No sir.
DA: What kind of drugs were you taking?
WM: No, I didn't take any.

Akemon asks the witness about how many times he's done drugs between the incident in 2012 and today.

WM: Around ten times.
DA: What type of drugs did you use.
WM: I don't know.

Judge Giss steps in to ask a question.

Judge Giss: Were you using drugs on the day of the shooting?
WM: Not at that very moment.
Judge Giss: Were you using drugs within the 24 hours before or after the shooting?
WM: I taste it when it's there.

I believe the court or the defense states the witness is not answering the question. The witness finally states he used meth.  Jun continues to insist that he just "tastes" the drug.  The witness is asked if he sometimes uses meth. " Jun answers, "Not now sir."

DA: Have you in your life used that drug?
WM: Yes sir. I tasted but I don't buy it.

Akemon now confronts the witness about leaving the courthouse yesterday, when he was supposed to be the next witness called.

DA: At some point yesterday did you leave (the courthouse)? ... Did you tell Detective Myers you were leaving?
WM: Yes, we talked on the phone.
DA: When you left the courthouse yesterday, did you do that with permission of Detective Myers or not?

Jun replies that he wasn't able to come back (after lunch) and he told Detective Myers he was coming back in late.

DA: Did you tell Detective Myers you didn't want to come back because you didn't want to be singled out?
WM: I was hungry. ... I was just downstairs, waiting. ... I decided to leave and I thought I would come back at 1:30.
DA: Did you tell Detective Myers that you ...
WM: I said I don't want to be singled out, but I don't know what to do. ... And I was about to be late so I called him. ... Even if I did not say that I told Detective Myers I would be there.

Jun explains that he was driving a bicycle.  He didn't want to be singled out. Judge Giss asks a question but then withdrawals it.  Akemon tries to get more answers from the witness.

DA: Do you remember speaking with Detective Dan Myers?
WM: Yes sir.
DA: When you spoke to him, were you being truthful?
WM: Yes sir.  .... Even now.

Akemon reads back to the witness the conversation he had with Detective Myers, and the statements he made.

DA: "Raise your hands."  Detective Myers asked, "Raise your hands up?" Detective Myers says, "Why says that?" (And you said,) "Ah, ah, Ka of course." Detective Myers says, "Yeah." (And you said, "I assume because I didn't see."  And Detective Myers said, "Don't assume." ... "Did it sound like Ka?" (And you answered,) "Yes. It sounded like Ka."

DA: Did you say that?
WM: But anyone could not be certain because they did not see him.
DA: Did you tell Detective Myers it sounded like Ka?
WM: What I heard was ... It was not a woman. It's not a big voice, or a (?) ... Something like that.
DA: Did you tell Detective Myers you did not hear Howard's voice?
WM: I did not hear.

Direct ends and cross begins. Judge Giss humorously asks defense attorney Goldstein, something to the effect of, "Do you feel up  to it?"  I believe Goldstien smiles in response to the court's question.

Goldstein asks why the witness is using an interpreter.  Jun answers that he's using an interpreter because he doesn't speak good English. Goldstein asks if he had an interpreter when he spoke to Detective Myers.

WM: But when I speak, they could understand me very well.
JG: Do you remember when the Judge asked if you needed an interpreter?
WM: Yes sir.

Jun explains he wanted an interpreter for "technical words."

Goldstien notes that when Jun was interviewed by detectives, it was right after the new year.

JG: Did you go out on New Years eve and do drugs?
WM: No sir. ... I'm just tasting it.
JG: Was that New Year's eve, you were just tasting it?
WM: I can't remember it. ... It's not important.

Judge Giss interrupts and directs a statement to the witness.  "It's important to us your ability to remember.

WM: I can't remember because ... I'm not a drug user.

To me, the testimony almost becomes comical.

JG: Were you using drugs that night?

Judge Giss clarifies for the witness, "He's talking about the night of the shooting."

WM: I just tasted it with Ronald. ... I saw drugs there, so I tasted it.
JG: Was that methamphetamine?
WM: Yes sir.
JG: Were you drinking alcohol?
WM: No, just playing cards.
JG: Was Ronald drinking?
WM: No sir.
JG: What about Evelyn? Was she doing drugs?
WM: I didn't see exactly.
JG: Was there a bottle of alcohol in the living room?
WM: I didn't see anything.
JG: Was there any alcohol?
WM: Maybe there was but I didn't see it.
JG: So you didn't see alcohol in the whole apartment that night?
WM: Maybe there was but I don't remember. ... I don't drink.

Jun states that he had just one interview with the detectives and that he understood the questions.

Cross is finished and there is no redirect.  Akemon and Goldstein exchange a few friendly words and Goldstein smiles.

9. JAMES KING

King is an LAPD detective with the Robbery Homicide unit.  He's been with the department since 1993.  He was one of the investigating officers who assisted in this case.  King has been investigating homicides since March 2001.

King went to the crime scene. He was tasked to search a certain bedroom.  The bedroom was on the first floor to the right of the front door. The front bedroom window was being used to enter and leave the room. That was one way into the room.

King searched a hamper in the bedroom.  He dumped the clothing out and then when through every item piece by piece. He discovered a live cartridge, an unexpended round.

DA: Do you remember what caliber?
JK: 40 caliber.

King told a criminalist at the scene, Bethany Streiffert.  Streiffert photographed the item and collected it.

JK: She told me she placed it in a coin envelope and then that envelope went into an evidence envelope. The item was item number 98 The case number was12-17-21117.

King observed that the closet had two full length mirrors for doors.  Written on the mirror with something red was "Ka call Tarzana treatment" with a phone number with a 310 prefix. There were male pants, a tan color pair of male jeans located in the hamper.

DA: Located in the hamper where the bullet was located?
JK: Correct.

King became aware that items were collected outside.  He became aware that cartridge casings were collected from around the bodies. The lead criminalist, Mandel Medina, told King while processing the scene he collected four casings and booked them into evidence.  These were evidence items numbered 116, 117, 118 and 119.

It's clarified for the record that Kings testimony about the criminalist's actions are coming in under Prop. 115.  Judge Giss states, "The court will take note."

Direct ends and cross begins.

JG: Are you sure the phone number was a 310 prefix?
JK: I'm not sure. I'd have to double check to be specific.

King is asked to give the case number again, the LAPD "DR" number. The detective rattles off the number. He's then asked to explain the breakdown of the number and what it signifies.  The first two digits are the calendar year. The second two digits explain the geographical division that responded to the investigation. The last five numbers are the next number that are assigned by the units (receiving?) unit.

King is asked to give a further explanation as to how those last five digits are assigned.  A data base assigns that part of the case number.  Detective King states he arrived at the crime scene at 19:30 PM, also known as 7:30 PM. Cross ends.

Judge Giss brings up that Pasasouk's other charge/case before Judge Silver trails this case.

DDA Akemon redirects his witness.  The witness clarifies that when he was asked the DR number by Mr. Goldstein, he was one number off. He is allowed to refresh his memory and look at his notes/file. King looks at the property report.  The case number is 12-17-21118.  That's it for redirect and the witness is excused.

To be continued in Day 3, Part IV....

Ka Pasasouk Preliminary Hearing Day 3, Part II

 From Ka Pasasouk's Facebook Page.

Continued from Preliminary Hearing Day 3....

Ka Pasasouk Quick Links Page

UPDATE 11/19: Witness name changed per request

July 31st, 2013
10:35 AM
I'm inside Judge Giss's courtroom, Dept. I, on the fourth floor of the San Fernando Courthouse.  I hear DDA Akemon ask Judge Giss if they can approach off the record.  I see the last witness, John Doe (Pseudonym per witness request. Sprocket), enter the courtroom.  Detective Dan Meyers chats with one of the court clerks.

10:40 AM
Judge Giss goes on the record in the Pasasouk case.  Mr. Doe retakes the stand.  When the defendant was brought out today my first thought is he looks heavier than the image that were taken of him at his first arraignment appearance.  When Pasasouk was first arrested he was placed in jail orange, which is the color they give for the most dangerous or security risk detainees.  During the three days of preliminary hearings, Pasasouk has been dressed in jail blues.

6. JOHN DOE. (Pseudonym per witness request. Sprocket)


Mr. Doe's testimony will be in his native language.  He will be assisted by a female interpreter. DDA Akemon tells the court they have no further questions. Direct ends and cross begins by James Goldstein.  Polite greetings are first exchanged between Goldstein and the witness.

JG: You were interviewed more than one time by detectives is that correct?
JD: Yes sir.
JG: In each of those interviews, were you truthful when you gave your statements to police?
JD: Yes sir.
JG: So everything in your first interview...
JD: I didn't tell everything at first interview because I was scared.
JG: So you didn't tell them everything because you were afraid?

Mr. Doe states the reason he didn't was because he didn't want to get involved.

JG: So you lied to police the first time they interviewed you?
JD: Yes sir.

Mr. Doe was interviewed two times.

JG: In your second interview, did you lie to police in your second interview?
JD: Not anymore, sir.
JG: Before all this happened, had the defendant be in (your?) apartment on previous dates?
JD: Yes sir.
JG: Were you and the defendant friendly?
JD: I just got to know him.
JG: Did you (and the defendant) have a number of conversations in the past?
JD: None.
JG: What was the longest conversation you did have with him?
JD: It was just when we were talking about car and spare parts about the car.

Mr. doe explains that this conversation was not on the date of December 1st, but two days before.

JG: Beside that conversation did you have any other conversation with the defendant?
JD: None sir.

Goldstein asks more questions about that conversation and when it occurred.

JD: No sir. I was not conversing with him on the 1st. I was fixing the car that whole day.
JG: Had you seen the defendant around the residence... I mean, 17441 Devonshire?
JD: Yes sir.
JG: But you would never talk to him, is that what you're saying?
JD: Because I was not usually at home. I was at work.  ... When I met him in (the house?) or in the (hall?) I'd just say hello.
JG: So no conversation other than when fixing the car?

Mr. Doe gives a more detailed explanation.

JD: I was not at home. I was fixing the car on another street from 10 o'clock in the morning.

Mr. Doe explains again that the conversation he had with the defendant happened two days before and not on December 1st.

JG: Before December 1st did you have conversations with Howard?
JD: No sir.
JG: Howard only spoke a few words when he was in your apartment?
JD: I do not know anymore sir.
JG: So you really don't know or (can't?) recognize Howard's voice ... because you didn't hear him talk?
JD: No sir.
JG: You only heard (talked to?) defendant on one prior occasion?
JD: Yes sir.
JG: And you told us you heard a voice, "Hands up." or words to that effect?
JD: Yes sir.
JG: You said you could recognize that voice as belonging to Mr. Pasasouk?
JD: Yes sir.
JG: You were interviewed, the first time, the day of the incident?
JD: Yes sir.
JG: You were interviewed the send time, about a week later?
JD: No sir. One day only.
JG: December 1st was the first time?
JD: Yes sir.
JG: December 3rd was the second time?
JD: Yes sir.
JG: Are you sure about that?
JD:Around two days, before the first interview.

JG: Did you sleep there, the following day after it happened?
JD: I slept at my siblings house.
JG: Is that in the San Fernando Valley?
JD: Yes sir.
JG: Did any of the other people that shared the apartment ... was it your sister's house?
JD: Just Dandy was with me.
JG: Did you talk abut what happened?
JD: No sir, because we were scared.
JG: You didn't talk at all about these people ...
JD: We were surprised. But we didn't talk about it because we didn't want to get involved.

Goldstein confronts the witness about his assertion he and Dandy did not discuss the event.

JD: We talked about it casually but not talk about it seriously, especially the details. ... What we talked about was that, it was (a?) surprise that those people were gunned down for no reason.
JG: Did you tell Dandy you heard the defendant's voice?
JD: We both heard the voice because it was coming from the window.
JG: Did you tell Dandy you believed the voice was Mr. Pasasouk's?
JD: Yes sir.
JG: So you told Dandy that?
JD: We both heard the voice because he was the one near the window.
JG: That's not my question. Did you tell Dandy the voice you heard was Pasasouk's?
JD: Yes sir.
JG: And that was before you spoke to police the second time?
JD: No sir. ... Because I told police in the first interview that I already heard the voice of Mr. Pasasouk.

Goldstein and Mr. Doe go back and forth about "when" he told Dandy he thought the voice he heard was Pasasouk's.  Mr. Doe says that his discussion with Dandy happened that night.  Goldstein presses forward with trying to get the witness to be more specific about when he and Dandy said what when, and when those discussions happened in relation to the police interview.  Goldstein asks Mr. Doe if he remembers Dandy say, "I think that was Mr. Pasasouk."

JD: There is a possibility.
JG: Do you remember him saying that?
JD: Yes sir.

Mr. Doe then states that Dandy was not certain but I was certain I heard that voice from Mr. Pasasouk.

JG: What did Dandy say?
JD: No. We were just surprised to hear the gunshots.
JG: Dandy never said to you that the voice he heard was Mr. Pasasouk? ... Is that correct?
JD: Yes sir.
JG: But you were talking to him, Dandy, about the voice.
JD: Yes sir.
JG: And he was closer to the voice than you?
JD: But I was alert at that time.
JG: Where was Howard when you heard the shots.
JD: They were together when they went down.
JG: Do you know where Howard was when you heard the shots?
JD: No.
JG: Did you see Mr. Pasasouk when you heard the shots?
JD: No.
JG: Did you look (at? out?) the window?
JD: No sir.
JG: So you don't know where Mr. Pasasouk was when you heard the shots?
JD: No sir.

Cross ends and redirect begins.

DA: When you were first interviewed by police on December 2nd, why were you afraid to tell police everything?
JD: Because I was concerned that he has friends outside and he might get back at me.
DA: When you heard Mr. Pasasouk's voice outside say, "Hands up! Gent down!" Was that the same place you heard the gunshots?
JD: Yes sir.

Redirect ends and the witness is finished.  People call Maria Lourdes Pacheco

7. LOURDES PACHECO.

DDA Akemon asks the witness if her true name is Maria Lourdes Pacheco.  She states it is.  She's 29 years old.  On December 1st, she was at the Devonshire residence.  She was at that location, trying to get a ride back to Long Beach.  She arrived at the residence around 12 noon, and was there because she was trying to get a ride back to Long Beach.  She arrived at the location via Howard Alcantara. Pacheco knew him from an ex-coworker.  She describes Howard as "an acquaintance." However, when asked, she admits that she has been intimate with Howard.  Pacheco states she was at the location all day.  She was just hanging out. She spoke to some of the residents. Pacheco identifies the defendant for the record.

Pacheco states she knew Pasasouk through Howard.  She met the defendant twice. She had seen Pasasouk and Howard with guns.  She testifies that Pasasouk's gun was silver with black on it.  Pacheco states she knows about guns because her father is a retired cop. Her father taught her how to hold a weapon and shoot.  Pacheck states that Pasasouk's gun is a semi-automatic.  Alcantara's gun was a revolver.  Pacheco is asked if she could recognize those guns if she saw them again.

MLP: Yes.

Pacheco verifies that Howard's gun had tape on the handle.  She is given photos of two weapons to identify, People's exhibit 3a and 3b.  She's shown the first image, to see if it looks like Pasasouk's gun.

DA: How does that gun (compare?)...
MLP: It's a little bit similar to that.
DA: The color?
MLP: Silver and black.  ... Not sure but know it (the semi-automatic) was silver and black.

Pacheco is now asked to look at the photo of the weapon with duct tape on it.
MLP: That looks similar to Howard's gun.

Pacheco verifies Howard's gun had tape on it.

DA: When was the first time you saw Mr. Pasasouk's gun?
MLP: A week prior. ... It was just out. he was walking around with it.
DA: Where was (the semi-automatic?) when you first saw it?
MLP: In Mr. Pasasouk's possession. ... When I saw it, he was just holding it.
DA: When was the next time you saw it.
MLP: That night, when the incident happened.

Pacheco saw Howard with his gun with tape on it that night.  It was when they were in Pasasouk's room. The first time she saw the guns they were walking around with them.  The first time she saw guns (Dec. 1st?) was when she arrived. It was in the upstairs apartment.  The first time she saw the gun, it was on the table and Pasasouk was there.

Pacheco states that she observed Pasasouk and Neal arguing.

DA: Did you know Mr. Pasasouk's girlfriend, Christina Neal?
MLP: Yes and no. ... We were never introduced properly.

Regarding the argument, Pacheco states that Pasasouk and Neal, "They were just going back and forth with each other."  Pacheco describes where Pasasouk's room was in the Devonshire house: "It was in front of the residence."  She states that she entered and exited Pasasouk's room through the window in the front.  Pacheco states she had "a little bit" of alcohol that night.  She was also smoking meth, but "not a lot."  She observed Pasasouk and Neal smoking meth.  She did not observe Pasasouk drinking, but believes he was drinking vodka that night.

Pacheco describes leaving Pasasouk and Neal's room.

MLP: I came out of the room because I could tell she (Neal) didn't want me there. ... She (Neal) handed me my band and sweater. ... (I) Told Howard she didn't want me there. ... I then went to the back of the house.

Pacheco then went upstairs and left her things with Dandy and Mr. Doe.  She then observed both of them (Ka and Howard) running around the property. They were looking for Christina. The tone of their voices was mad.  When she heard these things she was upstairs.

MLP: He (Pasasouk) thought that Christina stole his money.

Pacheco saw Ka and Howard with their guns out and identified the guns. She heard Ka talk about money.

MLP: They (Ka, Howard) were down in the back looking for her (Christina).

It's now after midnight, around 1 or 2 am.  Ka and Howard are looking for Christina.  Pacheco states again, she was just trying to get a ride out of there.  She asked Howard Alcantara for a ride home, and he told her to wait.

MLP: They (Ka, Howard) were downstairs as I was trying to go back in (upstairs?).  ... But Evelyn was trying to close the door. ... But I had my foot in (the doorway). ... He (Ka?) heard me ask about not to close the door. ... My things were still inside (Mr. Doe & Dandy's room).

Pacheco was outside on the landing.  She was watching to see what they were going to do next.  That's when Evelyn closed the door on her.

MLP: Then (Mr. Pasasouk) came upstairs and kicked down the door.

Howard and Ka went inside. Ka had the silver gun and Howard had the taped gun.  Pacheco stayed on the landing.

MLP: I heard them asking where was Christina. ... And that was about it. ..

She heard them come out. Then Pasasouk went to the other room downstairs, on the bottom. It's the one with the sliding door.  Alcantara was outside.  She heard Pasasouk asking for Christina. He was mad. Pacheco heard them take off in Howard's car.  She identifies Howard's car as a white Lexus.  She observed Alcantara and Pasasouk get in the car. She's not sure if the car was parked head-in or not.  She saw them get in the car before the gunshots.  She is asked about how long that was before she heard the gunshots.

MLP: I would say fifteen minutes because they were driving around.

In the meantime, Pacheco had gone back to Pasasouk's room. She came down the stairs and went into his room through the window. "Basically, I was watching the surveillance camera."

There was a computer screen hooked up to the surveillance cameras. This is what she was watching inside Pasasouk's room.  She saw it (Howard's car) going in one direction, around the block several times. It was going in one direction, to the right.  She was in Pasasouk's bedroom, watching the computer screen camera. She believes the camera showed one scene, the street.  She saw the car go by three or four times.

Then the car stopped in the middle of the street.  Pacheco testifies she heard Alcantara say, "Wait. Hold on."  Pasasouk came out of the vehicle and went to his room while she was in there.  He asked for Christina again.  She told him she hadn't seen her. When she was in that room with Pasasouk, she saw the gun at that time in his hand. He was holding it.  There was no other conversation. He was still looking for Christina.

Pasasouk went from his room into the main part of the house. (There is a door from Pasasouk's room directly into the main part of the house.) Pacheco went into the main house as well.  From where s was, she could still see the computer monitor in Pasasouk's room.  She saw on the monitor that another car pulled up in front.  It pulled up to the front, in front of the Devonshire property's gate.

Pacheco did not see anyone get out of the car. 

MLP: It was about 3 AM ... That's when I heard a female voice say, "What the fuck? I didn't even do nothing."

She then heard gunshots. The voice came from the west side of the house. Pacheco is asked about how long it was from the time that Pasasouk went through the house until the time she heard the voice/gunshots.  She believes it was a girls voice.

MLP: I thought it was a girls voice. I heard about four or five gunshots.

She believes there were quickly four shots, a pause and then one.  She believes she heard a car take off from the front.  After she heard a car take off, that was it.  A female in the main house, was asking what was going on.

At first, a woman told her she could stay if she kept quiet.  Then an older man, the man who owned the house spoke to her and asked her to leave.

DA: Did you see Evelyn's face?
MLP: I saw Evelyn in the alleyway after the shooting. ... she had a bruise on her face over her eye.

Pacheco exited out of the back of the house through the back sliding glass door.  When she walked down the walkway, that's when she saw a man lying on the ground. She testifies she heard him, "...taking his last breaths."

Pacheco states she didn't call 911. She was being selfish and just thought about herself.  She went upstairs where everyone else was.

MLP: Evelyn said she heard the female voice as well. ... We said, "Get of of there," because we were all high.

Pacheco recalls getting a phone call on her cell from Alcantara. He told her to go Pasasouk's room and get the DVD system out of the room.  This was about ten to fifteen minutes later, after the incident.  She wasn't thinking. She wasn't paying attention.  She went to Pasasouk's room and took the surveillance box. She pulled it out, unscrewing the wires.  She removed it from the residence and left with it.  She then realized that she shouldn't be doing that so she left it in the bushes. She then walked down the alley.  She eventually got a ride from her fiance.

Detectives came and talked to her a couple of days later after the shooting.

DA: You showed detectives where you left the (DVD) server?
MLP: Yes.

Detectives took her to the area and she pointed out to them the server camera equipment.  Pacheco testifies she was feeling remorseful.  She was eventually charged with a crime in relation to this case.  She pleaded no contest and spent six months in jail.  She's currently on probation for that offense.

DA: When you heard the voice, "What the fuck? I didn't even do nothing." Where was that voice coming from?
MLP: The same area where I saw the man down.

As Pacheco's testimony continues, family in the gallery beside and behind me are sobbing.  I see two women crying.

Pacheco states that when she saw Pasasouk kick the door in, she didn't see him hit Evelyn.  She stayed on the upstairs landing, outside the apartment.  Judge Giss asks the witness if she's okay.   Pacheco replies, "I'm nervous." He asks her if she needs a break, or the restroom.

DA: The female voice you told us about. How close were you?
MLP: A few feet. The only thing blocking it was the wall.

Akemon asks the witness to estimate how far she was from the voice.  Somewhere between ten and twelve feet.  She was on the ground level. She was not watching the monitor at the time. The car that pulled up, she didn't see what type of car it was, just that it was a small vehicle. Pacheco did not see people in the car or see them get out.

When Pacheco saw Pasasouk get out of the Lexus, he went into his room and he wasn't there very long.

DA: Less than a minute?
MLP: Yes. ... He just went through the main house.
DA: What was the next thing you saw or heard?
MLP: The car pulled up. I was waiting to see if anyone got out then I went into the main house.
DA: Just a few minutes after you saw Mr. Pasasouk enter the main house ....
MLP: I waited around to see the other car, so I would say about five minutes.

Pacheco testifies she never heard a male voice.  After Pasasouk left the main house, she never saw him after that.  She saw Pasasouk and Alcantara in the Lexus sometime before the shooting.  After she heard the shots, she first went outside and saw the male on the ground.  She then went upstairs.

MLP: I said, "Lets get out of here before the cops come." Because we were all high.

Pacheco lists the people who were in the upstairs. Mr. Doe, another male and the relative who owned the house, and Evelyn.

DA: Why did you believe Mr. Doe was high?
MLP: Because I was smoking with him before.
DA: You saw him smoking?
MLP: Yes, but not drinking.

(Note. This testimony about Mr. Doe surprised me. Sprocket.)

DA: Was Evelyn high too?
MLP: Yes.
DA: Did you see her smoke, or did you have a perception?
MLP: I know she was high.
DA: Was that same true of Mr. Doe?
MLP: In my opinion he was high.
DA: Would the same apply to Dandy?
MLP: He doesn't smoke.

Direct is finished and cross begins.

JG: Did you see the defendant smoke meth that night as well?
MLP: Yes.
JG: Was he drinking?
MLP: Yes. ... Vodka
JG: Did he appear high as well?
MLP: Yes.
JG: Was he acting kind of crazy?
MLP: He was more calm than Alcantara.

Goldstein asks her about Jun and her opinion as to the state of his sobriety. Pacheco did not see Jun smoke.  I believe that was the extent of the cross examination.

There is some discussion at the bench about Ms. Pacheco's legal representation, her fifth amendment rights, and testifying about events where she was implicated, charged and convicted of a crime.  Akemon tells the court that he spoke with the witness's counsel, James McNamera (sp?) about her rights.  It's my understanding that they didn't believe there was an issue because she already accepted responsibility and was convicted.  The witness was not offered any leniency. She appeared because she was subpoenaed.  The defense had one inquiry, and that was whether or not she received any leniency. She did not so this is answered. That included the charge that she pled on.  She pled in Dept. 130.  The plea was memorialized. Judge Giss discusses relevant case law.

Judge Giss calls for the noon recess and that we will pick up the case at 1:30 PM.  DDA Akemon informs the court that they expect they will finish today.  When I briefly looked behind me in the gallery, there were at least a dozen new people in the courtroom.

To be continued in Day 3, Part III....

Ka Pasasouk, Preliminary Hearing, Day 3

From Ka Pasasouk's Facebook Page.

10:25 AM
I'm on the fourth floor of the San Fernando Courthouse.  Detective Diaz is in the hallway speaking to one of the interpreters as well as one of the witnesses.  DDA Akemon arrives and says hello. He speaks privately to some of the people who have been in the gallery.  I would not be surprised if he is letting them know what to expect in testimony today.

I will have a short update at the lunch hour.


Continued in Day 3, Part II....

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.....