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MICHAEL E . KRA U T

M AN AG IN G ATTORNEY

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KRAUT

LAWG RO UP

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M IC HAEL M . BRE WER

OF C O U NSEL

Phillip L . S a nchez Chie f of Police Pasadena Police Department 207 No r th Gar f ield Avenue Pasadena , C A 91101

6255 SUNSET BOULE V ARD . SUIT E 915

LOS ANGELES .

C A L IFOR N I A

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T EL . 323 . 4 6 4 . 6453

FAX 323 . 345 . 5050

mkraut @ krautlawgroup . com

April 5 , 2012

v ia U S MAIL and FAX (626 ) 744 - 3781

R E :

Formal Complaint

Dear Chie f Sanchez:

Against Officer Kevin Okamot o , I D No . 6250

This letter serves as an official complaint against Pasadena Police Officer (formerly D etective) Kevin Okamoto , who has committed some of the most egregio u s con du c t of any peace officer I have ev er encountered . During the course of his investigation and handling of the People v. Delossanto s and Damas matter , PPD Case 0.09060537 , Officer Okamoto knowingly committed

se v eral v iolations of the U nited States Constitution , the California Penal Co d e, the criminal law

and the Policies of the Pasadena Police De p artment. D uring the p en d en c y of the investig ati on and criminal prosecution of this case , Officer Okamoto knowingly and re p eate dl y lied to j u dicial officers , the Deputy District A ttorne y assigned to the case , and multiple defense attorneys , among other s erious v iolations , in c luding Massi a h and Brady v iolations . Massiah violations are considered serious violations o f a person ' s Constitutional right to counsel an d B ra d y violations consist o f hiding or failure to turn over to the defense evidence that is either exonerating evi d ence , or leads to e x onerating e v idence, to w ards guilt or pun i shment.

M y nam e i s M i chael Kraut and I was counsel for E dward Damas , one ofthe co - defendants in case

number GA079201 that wa s recently tried in D epartment E of the Pasa d e n a Courtho u se. Prior to

entering pri v ate practice, I w as a L os Angeles Count y Deputy District Attorney for over 14 years ,

in c ludin g a rotation at the Pa s adena Courthouse , during which I handled numerous cases submitted

b y the Pasadena Police D e partment . In my past e x periences , I have always found the Pasadena

Police Dep a rtment to be professional and honorable in its handling of crimin al in v es t igations . The

following are just some of the v iolations o f indiv iduals ' Constitutional rights and v io l ations of the

l a w :

S i x t h Am e ndm e nt V iolation o f M r. Dama s

During the in v estigation phase of this case, Officer Okamoto committed serious Massiah v io l ations that in f rin ge d upon my c lient ' s Sixth Amendment right to counsel . Officer Okamoto inter v iewed

Mr. Damas on numerous occasions. His final interview took place while Mr. Damas was in

custody at the Pasadena Police Department . As part of the interview, Officer Okamoto Mirandized Mr . Damas. Included in the Miranda warnings, Mr . Damas was told he had a Sixth Amendment

right to counsel and

(Exhibit 1 - Damas PPD transcript p . 2, line 2). Officer Okamoto told Mr . Damas "[ijf you want

to keep talking with me without an attorney , that's fine . If you want an attorney here present, we ' ll stop , ok?" (Exhibit 1 - p. 9 , lines 8-9). Mr . Damas expressly invoked his right to an attorney and when asked by Officer Okamoto if he wanted to continue talking, he replied he did not. Officer

Okamoto terminated the conversation talk to Mr . Damas again.

the

right to a presence of an attorney before and during and questioning "

at this point and commented that he would never be able to

In addition to Mr . Damas' invocation of his right to counsel, I was retained as counsel at this time and personally contacted Officer Okamoto to inform him that I was Mr . Damas ' attorney and to desist any further attempts to interview him . I have the cell phone records from my personal cell phone to Officer Okamoto ' s cell phone which evidence the timing of my instructions to Officer Okamoto.

After Mr . Damas invoked his right to an attorney and after my supplemental demand to cease

questioning, Officer Okamoto enlisted another arrestee , Alexander Andres, specifically to engage my client in conversation in the jail , despite knowing he was represented. He did this with the

. equipped with a hidden audio recorder by Officer Okamoto and was instructed to get my client to talk about the incident in question . Officer Okamoto documented these actions in his report, admitting that "lP ]rior to Andres being released from the Pasadena jail I asked him to wear a recorder in an attempt to possibly solicit an incriminating statement from Damas " (Exhibit 2 - PPD Continuation Report).

express purpose

.to solicit" incriminating statements from my client. Mr . Andres had been

Such actions are clear Constitutional violations of my client's Sixth Amendment rights. The Massiah line of cases prohibits attempts to interview suspects once they have invoked their right to counsel through both direct and indirect means, such as the use of third-part agents. The Sixth Amendment protects a criminal suspect's right to counsel and allows him to be free from all police interrogations once the right to counsel is invoked. This applies whether the interrogation comes directly from an officer or surreptitiously through an agent of the officer, as in this case. Officer Okamoto trampled on my client's Constitutional rights in all aspects of his involvement in this case.

S ixth A mendment Vi olation s o f M r . A ndr es

Officer Okamoto also violated the right to counsel of a witness in this case. During the preliminary hearing, one of the original suspects. Alexander Andres, asserted his Fifth Amendment right not to testify through his appointed counsel . Mr . Evan Dicker . of the Alternate Public Defender's Office. Officer Okamoto was present during the entire preliminary hearing and witnessed Judge Blumenfeld appoint Mr . Dicker to be Mr . Andres' attorney for all purposes throughout the case.

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It was discovered thereafter that Officer Okamoto interviewed Mr . Andres without counsel present despite knowing that he was represented. This is a direct violation of Mr . Andres' right to counsel

g u a r anteed by the Sixth Amendment . Mr . Dicker confirmed that he had not been spoken to or

asked for permission to interview his client . This violates the United States Constitution, Federal

and state laws as well as the policy of the Pasadena Police Department .

This violation was brought to the Court's attention during a pretrial hearing at which Officer Okamoto was present. After this hearing, and despite the warnings that Mr . Andres was represented by counsel, Officer Okamoto again made contact and spoke with Mr . Andres about this incident without gaining permission from his attorney. Officer Okamoto ' s willful violations of a suspect's constitutional rights was done in such a flagrant fashion that revealed his contempt for the law and the criminal justice system.

Willful Withholding o f C rucial M at e rial Ev id e nc e and M ak i ng F al s e S tatement s to Judicial Officers

ot only did Officer Okamoto actively violate Federal and state law by running roughshod over defendants' Fifth and Sixth Amendment rights. he withheld crucial discovery evidence and absolutely destroyed my client ' s ability to have a fair trial .

During the approximately two years this case was litigated, numerous discovery hearings were held , many of which Officer Okamoto attended personally. On several occasions, Officer Okamoto personally assured Judge Blumenfeld. the preliminary hearing judge , and Judge Schwartz , the trial judge , that all discovery had been turned over and there were no other statements from additional witnesses. This statement was knowingly false.

One ongoing issue that arose during the discovery process involved both defense counsels' attempts to locate Joseph Andres, an eyewitness. Officer Okamoto told the defense that the only information he had regarding Joseph Andres was a soundex copy of his DMV record without any written notations on the soundex.

While before the judge. Officer Okamoto wa asked if he had contact information for Joseph Andres. He responded that he did not have any such information. However, it was discovered during trial that Officer Okamoto had the same soundex DMV printout, except his copy had the phone number and other contact information for Joseph Andres. It was also discovered that Officer Okamoto had this information the whole time and that he made a false statement to the Co u rt and counsel when he stated he did not know how to contact Mr. Andres.

The same issue occurred with another witness. The witnesses indicated that a woman was close to the events that gave rise to the criminal case. She was identified as Megan Cannon. Counsel for each defendant asked for information concerning Ms . Cannon. Officer Okamoto provided both cou n sel a copy of the soundex without any hand written notes on the documents. Officer Okamoto willfully hid the fact that he had spoken to her and had her contact information. At the end of trial it was later learned that Officer Okamoto ' s copy of the soundex had her pe r sonal information in his hand writing with a phone number to reach the witness along with the date and time of her interview.

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Brad v V iolation s and Hid i ng of Ex culp a tor y t a t e m e nt s

Joseph Andres was not the onl y e y ewitness that Officer Okamoto tried to hide from defense co u nsel . On the v ideo of the incident , a y oung blonde woman was seen standing approximately five feet and facing the same direction of the incident that was occurring for which the defendants stood trial. This witness was identified as Megan Cannon . The police repo r ts and supplemental reports authored b y Officer Okamoto did not m a ke an y mention of any interviews or the location of Ms . Cannon . Ms. Cannon's audio recorded interview was hidden and with held from both the District Attorney's Office and defense counsel . For two years Officer Okamoto denied that any additional statements or inter v iew s were conducte d o ther than those already turned over to all pa r ties .

During trial , the night before the last witnes s wa t o testif y for the People, eight new audio reco r dings were tur n ed over to the defense. At that time it was learned that two years ear l ier, Officer Okamoto had interviewed Ms. Cannon in February 2010. This inte r view was audio recorded. This statement pro v ided exculpatory e v idence for Mr . Damas. When asked in Februar y 2010 by Officer Okamoto, Ms. Cannon unequivocall y stated that "1 did not see anyone hit him " (Ex h ibit 3 - Cannon Transcript p. 6, line 2). Officer Okamoto willfully omitted a n y mention of an interview or meeting with Ms. Cannon from his reports. While testifying under oath at trial , Off i cer Okamoto admitted that his decision not to turn over the Megan Cannon interview was deliberate and intentional .

In addition to the Megan Cannon interview, it was learned that eight ad ditio n al audio reco r dings from a variety of witnesses had not been turned over to defense counsel , i n clu d ing statements made by the defendant and nearly 45 jail calls placed while in custody. Un d er Penal Code § 1054 ,

th i s material had to have been turned over within 30 days of trial . These recorded jail calls were

t u r n ed over after trial had completed .

T h e Megan Cannon inter v iew was clearly exculpatory . It is Brady materia l that under Fede r al and

state law is required to be turned over to defense counsel as soon as it is ob t ained. When confronted on the witness stand as to why he failed to disclose this material, Officer Okamoto un b elievably claimed t h at he "didn ' t believe it to be relevant" and that "he determines what is rel evant . " Most sta rtl ing and disturbing, Officer Okamoto admitted that h e d id not turn over or even mention the Cannon inter v iew in hi s report s because , "it didn't help his case. "

Officer Okamoto testified under oath at trial that he did not know what e l se h e h ad faile d to turn over to the defense. After the trial had ended the Court ordered the Pasade n a Police De p a r tment to turn over all reco r di n gs associated with this ca e. Some 25 discs were su b sequently provided to defen se counsel, inc l uding 45 jail call s made by my client that had never been p revio u sly disclosed as mandated by law. Officer Okamoto has admitted that he was aware of t h ose recordings but chose not to turn them over to the defense a s required b y law.

Off i cer Okamoto's action during all stages of this case , from submission of the file for initial filing consideration to the District Attorne y 's Office until completion, was abso lu tely egregious. He

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violated the constituti o nal r ig h ts of seve r a l s u s p e cts a nd def endants, lied to two different judici a l officers , all counsel in v ol ve d , a nd purp osef ully k e pt ex culpa to r y e v idence from being turned ov e r

as required by the law. Th e j ur o r s who se r v ed o n the ca s e w e re outraged , and rightly so . The

actions of Officer Okamot o ult i mat e l y re f lect poo r l y o n th e Pasad e na Police Department in t he eyes of the j ur y who hail f rom the loc a l c ommunity.

I was a Deput y District Atto rn ey ove r 14 ye ar s a nd I n ev er w itnessed such egregious conduct committed b y a sworn peac e off ic e r . T hi s ca se h as made me question the cases I handled as a prosecutor during m y a ssi g nmen t i n P as ad e n a a nd eve n w onder w heth e r some defendants I prosecuted w ere denied t h e b asic te n e t s of a fair t rial.

A few exhibits have been pr ov ided with this c omplaint . How ev er , the transcript o f the pre-trial

and discover y compliance hearin gs as w e ll a s th e tria l transcr i pt s hould be re v iewed. T hese transcripts under oath will undoubt e dl y pr ovi d e th e ev idence n e c es sar y to substantiate this and other illegal acti v itie s o f O ff i c e r Okamot o.

T h a nk y ou for y our attention t o thi s mat ter . To th e exte nt I a m a llo w ed , I am asking that I be informed of conclusions o f t hi s i n ves tig atio n .

If I can answer an y questions o r be of f urther ass i s t a nce , plea se do not hesitate to contact me .

Sincerel y,

Michael E. Kraut

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Enclosures

32 Pages Total

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MI CHAEL E . K R A UT, S . B

K R AUT LA W G R O U P

6255 S un set B oule v ard , Suit e 915

L os A n geles, C A 90 028

TEL: 323 . 464 . 645 3

FAX: 323 . 345.505 0

A ttor n e y for D e f e nd a nt

E d w a rd D ama s

167623

TRA SCRIPT:

D A MA S I N TERVIEW AT PPD

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(I A U DIB L E R U S T LI N G )

Detective Okamoto : ( ina u dibl e) W h at ' s yo ur da t e of bi r t h ?

E dward Dama s : 6 / 17 / 87 .

2 Det. Okamoto : Ok. Y ou ha ve a m i ddl e n a m e ?

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15 Det. Okamoto : E dwa r d , r i g ht ?

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. Dama s :

0 middle n a m e.

~6 E . Damas: E d w ard .

17 Det. Okamoto : D ri v er 's lice n se?

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E. Dama s : (i naudible) 60 9 o rt h Co rd ova S tr eet.

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Det. Okamoto Ok we ll , u nfo r tunat e l y , ba se d u p o n th e s i t uatio n h e r e basica l l y y o u ' re in custo d y y o u ' re

in t h e p o l ice depa rt ment , ok . Bu t pri o r f r o m me so lic i tin g a s t a tem e nt f r o m y ou I ha v e to a d vi se y ou o f

w

hat ' s call ed yo ur Mira n da ri g ht s .

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. Dama s : ( inaudible )

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Det. Okamoto : You under s tand th a t ?

E . Damas: ( inaudibl e)

Det. Okamoto : Ok y ou u n der s t a nd yo u h ave th e r ig ht to r e mai n s ilent ? Is th at y es ?

E. Damas: Ye s.

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Det. Okamoto : An y t h in g y ou s a y w ill b e u se d aga in s t yo u in th e c o urt of l aw. d o y o u un de r sta n d t h a t ?

KRAUT LAW GROUP-DAMAS

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PPD STATEMENT

E . Dama s: Yes.

2 De t. Okamot o: You have the right to a presence of an attorney before and during any questioning , do you understand that?

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E . Dama s: Yes.

5 D e t: Okamoto : If you can't afford an attorney one will be appointed for you free of charge. Ok , again, unfo r t un a t ely I thought you were being honest with me but my investigation doesn ' t reveal that . I'm not

6 here to try and screw you but my job is to number one is to arrest my suspect or suspects and number

two is, you know, if! have a victim in a case like this I do , I technically work for the victim and I must
7 say that when I first spoke with you, you know , just based upon your history and what you're trying to

8 do and all the other stuff , you know , and again I got to fill out stuff, you know, and it appeared you were being u pf r ont with me, but unfortunately as my investigation has gone on, I ' m ab l e to not just assume,

9 I'm able to prove that you're not telling me the truth . So, with that being said , if you want to go back and talk about some stuff that ma y be you witnessed, maybe you did, maybe you saw, that you might have left out -you might have forgot you left out, I don't know. You know right now is the time - I

11 mean t h is is no joke now. You are in handcuffs, we served a search warrant at yo u r ho u se, there is a high probab ility that your freedom is probably going to be taken away from you. And, you know , this is your

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12 life not mine. You know , but again , unfortunately its gone to a level where I had to , you know , do what

13 we do. And , you know, this isn ' t something that happened - this isn ' t a homicide . Ok, because ifit was

I ' m sure we would have broke your door . But this is something that you need to think about . You know

14 now is the time.

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E. Dama s: I didn't do anything so I don't even know why I'm here .

Det . Okamoto : You don't know why you ' re here ?

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E . Dama s: I mean, I know wh y I'm here , because you brought me here, but I didn ' t do anything so -

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19 Det. Okamoto : Well, when you say - based upon our two prior conversa - wel l our two contacts one

b eing at pee, the second time when its me on the phone, other than that, what is it about those two

20 conversations that you're not being truthful about ?

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E . Dama s: othing because at the end of the video I go inside, nothing happened.

Det . Okamoto : Ok. Let me ask -

E. Dama s: I don't know what-

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25 Det. Okamot o: Let me ask you this. When you walk outside you told me that you barely - the first time you barely even , you didn't even go into the alle y .

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. Dama s: Yeah.

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Det. Okamoto : And the second time when I talked to y ou via telephone you told me ah I might have been in the alley about three feet .

KRAUT LAW GROUP-DAMAS PPD STATEMENT

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E . Damas : Yea h .

Det. Okamoto : Well .

E . Dama s : W e saw t h e v id eo a n d I wasn 't-

Det. Okamoto: Well yo u saw a grai n y v id eo.

E . Damas: U h-huh w ell I d o n ' t kn ow l ik e exa ctl y w h at th e dis tanc e was or how-

D e t. Okamoto : I understand t h at . I und e r sta nd t h at.

E . Dama s : I don ' t remember bein g lik e ri g ht up in eve r y bod y's bu s iness.

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D et . Okamoto : Well , I can pr ove that w h a t yo u'r e t e llin g me i s n' t t ru e .

E . Damas: ( inaudible) .

De t. Okamo t o : A nd I'm not g oin g t o sit h e r e a nd I 'm no t go in g to, I'm n o t g oing to , m y job isn ' t to tell

y ou what I ha v e on y ou , m y truth is to try t o get th e tr u t h o ut .

E . Damas : Right , r ig ht, right .

Det . Okamoto : As time goes o n yo ur a tto rn ey will say, well. it is w hat

telling y ou where I ' m comin g f r o m.

E . Damas : Ok.

it is , y ou kno w, s o I ' m j ust

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D e t . Okamoto : I don ' t - T h is c ase is n 't a b o u t w h e th e r I c r ac k yo u, c ra c k an y bod y els e , tru s t me it i s -

I 'v e alread y talked to the D A.

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E . Dama s: Ok.

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Det : Okamot o : T he y' r e goin g to f i le o n yo u.

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E . Dama s : Ok .

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De t . Okamoto : You kno w, so n ow's th e t ime - a nd aga in I ' m n o t t r yi n g to tell y ou to tell me somethin g

di f ferent . I want y ou to tell me t h e truth if ther e i s a - I a lr e ad y kno w ba s ed upon when y ou talked about

the ( ina u dible ) discrepanc y in y our s tat e m e nt . T h a t 's w h y y ou ' r e h e r e.

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E . Damas: Ok.

Det. Okamoto : It ' s up to y ou wh e th e r or not y ou wa nt to t e ll me because when twelv e people , i f that

becomes the situation , judge yo u th ey' r e g oin g t o b e a bl e t o pro ve that , I mean , it spe a k s f or itself. So

y ou y ou ne v er hit the g u y?

KRAUT LAW GROUP-DAMAS PPD STATEMENT

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. Dama s: I remember grabbing him and that's it .

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Det. Okamoto : Ok and what did big bo y do ?

E . Damas: Grabbe d him from behind . I told you the thing, like I'm - I don ' t k n ow h ow much mo r e I

can te l l you t h e same thing.

Det. Okamoto : Ok wel l , now y ou get into the alle y . and y ou don't see big boy put this dude on the

al l ey? As t h is du de's u n conscious?

E . Damas : I d on't. like, I remember him walking him out, telling him hey, don ' t come back here blah

blah yo u 're not welcome here.

Det. Okamoto : At what point did y ou do that ?

E . Damas : I d idn't do that .

Det. Okamoto Oh he says that.

E . Damas : Yeah .

14 Det. Okamoto : Ok so he says - well what point wa that?

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E . Damas : He was al r eady walked him, was walking him out.

:'6 Det. Okamoto : Was he already in the alley ?

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E . Damas: Yes.

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19 Det. Okamoto : Ok, so he's in the alley, do you remember how far he's out into the alley?

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E . Damas : I can ' t give

you like an exact -

Det. Okamoto : Bu t he was in the alley ?

E. Damas: He was in the alley.

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Det: Okamoto: And w h at i s this guy doing in return ?
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E . Damas : I wasn't paying nothing really I wasn't pay ing attention to him.

Det. Okamoto : Ok. So how far did you - you say you grabbed his hands correct?

E . Dama s: Yeah .

Det. Okamoto : Well when did y ou let him go ?

KRA UT L AW G R OU P -D AM AS

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PPD S TATEMENT

E . Dama s : On ce the y s tart e d walking h im o u t .

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D et. Okamot o: Ok. So wa s h e in t h e a ll ey?

E . Dama s : I can 't I mean I d o n ' t reca ll

D et. Okamot o: Ok .

lik e -

E . Dama s : I f h e wa s like he ju s t h a d s t e pp e d into th e a l ley o r i f h e w as s till ( inaudible) -

D e t . Okamoto : ow when yo u m ean h e s t e pp e d , yo u mea n bi g b oy s tepped, we ' re talkin g abou t

8 Steven , right ?

E. Dama s : The y wer e walkin g h i m o u t . Steve was wa lk i n g w hoe ve r -

~O De t. Okamot o: No w when w e say w alkin g d es cr i b e w h at yo u m ea n , de s cribe how Ste v en wa s walkin g

11 out the this gu y. What do you m ea n b y wa lkin g?

12 E . Dama s : Lik e carr yi ng th e dud e a nd wa lkin g w ith him.

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D et. Okamoto : Ok so this g u y wasn 't r es i s tin g?

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. Dama s :

o .

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16 D et. Okamot o: Ok , would it f a ir t o say th a t he was dr agg in g him o u t?

17 E . Dama s : I wasn ' t reall y like p ay in g atte ntion th a t c l os e ca use it w a s like a whole like situation g oing on.

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19 Det. Okamoto : Ok. So y ou ' r e h a n g in g o n to thi s g u y's arms?

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E. Dama s: (i naudibl e)

21 Det . Okamot o : And ne v er o n e tim e yo u see him ge t st ru c k in the fa ce b y a n y bod y .

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E. Dama s : Ma y be when him a nd A I we r e go in g a t i t .

D e t. Okamot o : T hat w a s it ?

E . Damas: ( inaudible rustling )

Det. Okamot o : Right now 's th e ti m e yo u b e tter r e m e mb e r a l o t. I mea n i f y ou homebo y hittin g him y ou

better say I mean y ou need to b e h o n est wi th yo ur se l f b eca u se -

E . Dama s: I can ' t -

KRAUT LAW GROUP-DAMAS

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PPD STATEMENT

Det: Okamoto : Ok.

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E . Dama s: I mean I don ' t ha v e a photographic me m o r y .

Det . Okamoto : Ok .

E. Dama s: And that's all I'm saying.

Det . Okamoto : I understa n d things happen fast. Ok but he gets out into the all ey a n d he's no mo r e t h an

a couple feet from the thing where - this guy's uncon cious. There ' s no doubt in my mind. Ok and the

next thing he gets put down face first and I'm (inaudible) saying he got thrown because it doesn't look like he got thrown, face down, and gues who's standing next to him ? Do you recall this?

E . Dama s: Don't . I remem ber already walking into the bar.

Det. Okamoto : Ok so you don't . So if I was to show y ou a photo that there's Steven laying this dude down you're standing right there y ou're going to tell me that's not you ?

E . Damas: If it's me , no.

13 Det . Okamoto : Ok. But you don't recall that?

14 E . Dama s : (inaudib l e)

::'5 Det . Okamoto : So you understand that this dude's fucked up ? You understand th at right ?

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E . Dama s: Yeah you tol d me that the first time .

Det. Okamoto : He's fucked up. Ok . How else would this guy have six missing teeth , a shattered jaw ,

total loss of hearing to the right side of his head , paralysis on the right side of his face, a n d a laceration

to the t op of his head. Are you going to tell me that from him get t ing put in the headlock and lay face down ont o t h e thi n g t h at's how these injuries occurred ?

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. Dama s :

0 way .

Det. Okamoto : Ok so wh at so but you didn't see anybody strike him right?

E . Damas: Did not .

Det. Okamoto And you didn ' t participate in it? Is that a no or a yes ?

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E . Damas : I di - I mean what ' s on the video shows e v erything.

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Det. Okamoto : 0 I know but the victim and the witnesses say something diffe r ent.

KRAUT LAW GROUP-DAMAS

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PPD STATEMENT

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E. Dama s: I know I talked to the - there was like orne insurance dude who had to come and ta l k to me

a n d I basical l y told h i m, well not basically, the same situation. And they're going to reject whatever

offer that guy's asking for .

Det. Okamoto : Whats he askin g for ?

E . Damas: I don ' t know, but I know that he tried to make some sort of cla i m or whatever .

Det. Okamoto : What do you mean against you or (inaudible) Wokcano?

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E . Dama s: Against whatever insurance compan y for the firehouse (inaudible) yeah so.

Det. Okamoto : And when you're talking to your mom about this , your dad knows about this ?

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E . Dama s : I told both my mom and my dad .

::0 Det : Okamoto : That what happened ?

E . Dama s: That you came and talked to me and the whole situation at PCC.

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13 Det. Okamoto : Ok, Ok, I ' ll just be honest with you, here's your realistic scenario , you ' ll be injail , you won ' t get a r raigned until next week, because of the court holidays, which is unfortunate for you . A n d

4 ultimately , I don't want you to change your stor y , I'm don't want you to tell me what you thi n k I want to hear. I j u st want you I would like for you to tell me the truth if you're not telli n g me but I'll be upf r ont

15 an d h o n est with you. This isn't a murder case for me, and I don't need a confess i on f r om yo u , b u t I ' m

16 not g o i n g t o sit here a nd waste a whole lot of time with you . What I mea n by t h at is you get boo k e d in the jail and you sit there for three days and you like wow, this is, this sucks , let me tell the detective, if

17 there ' s t h ings that (inau dible) lea v ing out.

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E. Dama s: I mean, if you ' re trying to, like. scare me into saying something -

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Det. Okamoto : No. I wo u ld never . I want - My job is to get the truth .

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E . Damas: Yeah.

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Det. Okamoto : My job isn ' t - I ' m not trying to scare anybody-

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E . Dama s: You just l i ke said you ' re going to be sitti ng there for three days a n d -

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Det. Okamoto : 0, no , what

I ' m aying is now's the time if there is something that you're not -

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E . Dama s: I mean (ina u diblw) if y ou're trying to, like, it feels like I'm being like kind of being scared

into l i ke -

Det. Okamoto : I'm not, I'm not trying to scare y ou.

KRAUT LAW GROUP-DAMAS PPD STATEMENT

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E . Dama s: I mean I want to talk, I mean like you said about talking to an attorney or something like

that .

D e t. Okamot o: Uh-huh.

E . Dama s: If I could talk to him and, can ' t they be here at the same time, or something like that?

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Det. Okamoto : Yeah, you have the right to invoke, you know , I mean if you want to (inaudib l e)

E . Dama s: Cause I don't want to get pun ked into, you know -

Det . Okamoto : There's nothing to, there's nothing to punk you into. Our job is to find out the truth. If

later on my investigation which I know it won't but if it says that I have the wrong guy in jail, do you thi n k I'm going to leave you injailjust to leave you injail? That's not my job. That's not the kind of

person I am. But my job is to go out there and do an investigation, when I contact certain people just like you as a human being, you feel people out.

E. Dama s: Yeah.

Det. Okamoto : You do your homework, you ' re like oh this guy oh man this g u y you know you m i ght

talk to somebody that oh that guy's a good guy that's out of his character, you know so you kind of get a feel for what you're dealing with and who you're dealing with. Unfortunately our job, everybody lies to

us. I'm not going to say everybody, but its very uncommon it ' s a very slim percentage that teIIs us the truth from the get-go . Ok and like I teII people that have never been to jail before right now would be the

time to be honest with me because as people sit in jail and they ' ve never been in jail before is when they

sta r t to say wow, oh wow, this is crazy, you know but what I'm getting at is t h at I'm off after today , and if I get a phone call from the jail that says this guy Eddie wants to talk to you because he left something

out or you know he wants to, whatever . and again, I'm not teIIing you to tell me something I want to hear or add something to your story, ultimately I'm not going to come back over here and talk to you.

I ' m not going to go waste my time is kind of what I'm getting at .

E . Dama s: Yeah

D e t. Okamoto : So that's why I'm telling you that now would be the time to teII me if there's anything

you left out . If this dude hit this dude, ok, and you saw him, ok, that's what happened. But you got to

understand, I understand how this works , you don't seem like a gang member or anything like that and I know you know how the streets work and whether or not you have to face this guy again or whether or

not, you know , you go back to work and you know, they're like oh man home b oy's snitched on Steven

or whatever the scenario may be that's something that you got to that that ultimately we're all adults here. You are accountable for your own actions. If I go hang out with a lot of my buddies, we're police

25 officers, and they do something stupid , ok and there's an investigation and somebody talks to me. Hey brother, sorry , I'm the first one to tell him. And you're accountable for your own actions. You know I

26 hope t h at I'm never in that scenario but if it is I got to think about myself. I got a f u ture, I got a family , I

7 got a hou se payment and b ecause of someone else's mistake so I look cool to them later on oh heII no that's not the - I ' m not you know , I mean you ' re still young, you might think you're old but you're still

2

28 young and there's a lot of mistakes you ' re going to make in life, I still make mistakes in life , but I learn from them. You know and again that's why I'm just telling you this . I'm not trying to scare you, I'm not

KRA UT L A W GROUP-DAMAS

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PPD S TATEM E NT

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trying to intimidate you in any way. You will see what I'm talking about soon. Be l ieve me. But I'm not trying to , I'm not trying to scare you. I just, its just hard for me to believe based upon what's been said

what I've - as many people as I've spoken with the video after I got it enhanced that you didn't witness not h i n g or you di d n't ta ke p art in it . And that's the truth. And unfortunately as, yo u know, as my

invest i ga t io n goes yo u k n ow I don't know a t this point r do n 't even know if this was planned to beat this guy up. I don't think so b u t I have no proof of that. But I do know a couple of things, your story isn't

what something (inaudible) that's for a fact. there" no doubt-

E . Damas: I mean there's no way that I co ul d have a exact reco u nt of what h a pp e n e d

how many ever weeks it was that you talked to me.

after like t hr ee or

Det. Okamoto : I didn't say that , but when I first talked to you was no more than ten or ten days . Well

you let m e go back an d we ta l ked about th i s attorney thing . If you wa n t to k e e p talkin g with me wi th o ut an attorn ey, that's f i ne. If you want an attor n ey here pre ent, we'll stop, o k. A nd u nfo r t un ate l y t h e n ext

time we proba b ly will never talk again. The next time that if we do would be af t e r you get ap p ointed counsel when you go to co u rt, you know, so I just wanted go ahead and - if yo u want to continue ta l king to me wit h o u t the presence of an attorney , I ' ll be more than happy to sit here an d listen to your side of

t he s tor y . If yo u want an at t or n ey we'll stop rig h t now because you have that r i g ht .

E. Damas : I mean these seem like serious kind of things that you're trying to tell me so I don't - I know

Det. Okamoto : Well ho ld on a second. Do you want to contin u e talking to me?

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16 Det: Okamoto: Ok. They took the other handcuffs off you, right?

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E . Damas : Yeah.

Det. Okamoto : Hang on one second we're going to get you (inaudible).

- ---- E D OF TRA

KRAUT LAW GROUP-DAMAS

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S MI SS IO

PPD STATEMENT

02/27/2012

18 13 FAX

2136170614

PASADENA poueE oePARTMENT

Pasadena. California

I CLASS I F I CAT I ON :

C . 203

ISVESTIGATION:

LOCA I ON :

33 S Fa i r O a ks A v e .

~001/001

\ PAGE 3

D

A 11::

I 6/29/2010

C ASE N UMBER :

09060537-DD

P ri or t o Andres being released from the Pasadena j a il I asked h i m to wear a recorder i n an attempt to possibl y so li ci t an incriminating statement from Damas

A n dres was not promised anything i fhe wore t h e recorder , but agreed to assi st i n the investigation.

Damas and Andres were placed in a holding area in the Pasadena j a il . Later Andres was removed and advised me Damas did not speak about the incident . I recovered the recorder from Damas .

DISPOSITION:

C ase t o t he Distric t Attorne y ' s off i ce

)

l>I £S ;

. -l/c

COPIED BY :

A PPRO V ED BY '

OFF I CER / 10 :

KOkamoto 6250

~ ~O~Nn~N-U-~~T ~I O-N~R~EP~O~R~T~P~P~O~52~O~6L - ---------- ~ -- ---- ~ -------------- -- - - -- -

2

M I C H AEL E. K R AUT,

K R AUT LAW G R OUP

625 5 Sun set B o u levard, Suite 915

L o s A n ge l es, CA 90028

167623

3 TEL: 3 23 . 464 .6453

4

FAX: 323 . 345.5050

Atto rn ey for D efendant

5 Edward D amas

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7

MEGA

T RA N SCRIP T:

CA

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- I TERVIEW #1

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Detective Okamoto : Hi can I speak to Megan , please ?
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10 Megan Cannon : May I ask who's calling ?

11 Det. Okamoto : This is Detective Okamoto.

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M . Cannon : Oh, this is she.

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Det. Okamoto : Hi Megan. how are hi?

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M. Cannon : Hi. Good. Thank y ou.

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Det. Okamoto : Hey I just wanted to - I'm doing an investiga t ion do you have ab o u t five minutes?

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M. Cannon : I ' m sorry ca n you repeat that my phone 's d y ing .

Det. Okamoto : D o you have about five minutes where I can talk to y ou ?

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M. Cannon : Yeah go a h ea d , ifm y phone dies just give it about four to five mi nut es and I ' l l h a ve it

pl u gge d in so -

Det. Okamoto : Is there anot h er number I can call y ou at home?

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M. Cannon :

0, no, no I ' m not - all I have is my cell phone .

Det. Okamoto : Ok , Ok , what was I going to sa y

M. Cannon : If my phone d i es give me a call back .

Det. Okamoto : Ok. Just real quick . I'm doing an in estigation in regards to an incid ent tha t ha p pened at

Wokcan o ' s last year . Ok and based upon the information that I, hang on, hang on one sec. I'm sorry Megan ?

M. Cannon : U h - huh ,

KRAUT LAW GROUP-CANNON

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INTERVIEW #1

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Det. Okamoto : I forgot where I left off but basically I ' m conducting an i n ves tiga tion t h at happe n ed at

Wokcano ' s last year , actual l y it was the end of - right before Thanksgiving. As I ' m reviewing the tape ,

I ' m looking at this blond haired g irl and the y all t e ll m e this is Meg an, now is that you ?

M . C annon : Ye s.

Det. Okamoto : Ok are yo u aware , I mean do y ou remember what happened ?

M. Cannon : I spoke with Shelly the g eneral mana ge r who 's probabl y the one who gave y ou m y phone

number.

Det: Okamoto : 0 actually she' s not the one who g a v e me y our phone number bu t go ahead.

M . Cannon : What ?

Det. Okamoto : She ' s not the one wh o g a ve me yo ur number, but go a head.

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M. Cannon : Oh . Whatchamacallit . I'm sorr y I just wok e up . Repeat the q u estion.

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Det. Okamoto : Do y ou remember what happened ?

14 M. Cannon : As far as I know just like I told Shell y w hen she asked me what happened the DJ - the gentle m an that had set up on the DJ booth had antag oni z ed the actual house DJ that works for the

15 resta u rant .

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Det. Okamoto : Got y ou. Where a re y ou at ri g ht no w . are y ou at h o me?

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M. Cannon : Yes.

Det. Okamoto : Are y ou on Sierra Madr e?

M . Cannon :

0 I ' m not actuall y.

Det. Okamoto : What's address? Can I j u s t talk to yo u in person rather than - it j u st makes things easier

for me its hard for

me - I think we' re cuttin g in and o ut.

M. Cannon : Hold on, let me go plug my phone in . I'm s orr y . I ' m in between h o u sing right now. So I

stay at friend ' s houses most of th e time .

Det. Okamoto : Oh wow .

M. C annon : Give me a second .

Det. Okamoto : Can I meet y ou s om e wh e r e?

M . Cannon : What ?

K R AUT LAW GROUP-CANNON

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Det. Okamoto : Can I meet y ou s omewhere ?

M . C annon : Urn

De t. Okamoto : I can come to w h e re y ou ' r e at rig ht n ow.

M . Cannon : I ' m not even - I ' m s orr y . g i ve m e o ne s econd. You caught me at a random time , I ' m sorr y.

D e t. Okamoto : I apologize . I wi s h I wa s n't

her e t o da y but ( inaudible )

M. C anno n : Let me plug in m y phon e r e al qui c k a nd see i f that helps . I ' m actually at a friend ' s house

who ' s in the middle of movin g t oda y.

Det. Okamoto : Oh ok .

M. C annon : Do y ou mind if I as k wh o g a ve yo u m y number th e n ?

Det. Okamo t o : I ' m sorr y .

M . Cannon : Do you mind if I a s k who g ave y ou m y number then ?

Det. Okamot o : At this point I wo n 't tell y ou , but I go t it - it wasn't from Shell y. And I ' m not trying to -

I ' m not l y ing to y ou -

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M . Cannon : Was it f rom R y an ?

Det. Okamoto :

0 it wasn ' t f r o m - R y an w on ' t c a ll me back .

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M . C annon : That' s weird .

Det. Okamoto : But y ou got to understand , w e' r e th e police so -

M . C annon : I know.

Det. Okamoto : I'm g oin g to f ind it eve ntuall y.

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M. Cannon : I alread y know th a t .

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Det. Okamoto : Ok , can y ou hear m e?

M. C annon : Yeah .

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Det. Okamoto: Ok y ou sound a little bit better but - s o ther e' s a g u y who 's playing the music and then

he star t s to sa y some negative stu f f to AI ?
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M. Cannon : He 's not an emplo yee of the r es t a ur a nt , h e w a s s om e one who was just there-

KRA UT L AW GROU P -C A N N ON

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Det. Okamoto : Correct.

M . Cannon : He had star ted antagonizing the actual OJ who had let him up a n d I guess he started in a

way , I g u ess almost breaking his equipment while yelling at the DJ.

Det. Okamoto : Ok

M. Cannon : And from what I can remember this was a long time ago AI or the ho u se DJ I g u ess had

ch arge d at him I g u ess b ut I don't

the secu rity had separa t ed both o f them -

think he even - I don ' t thin k much happene d b ecause he ha d had - a l l

Det . Okamoto : Got y ou.

M. Cannon: And then I guess (inaudible) they got him outside. And I don't k n ow , you ' d have to ask me

a mo r e direct question.

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Det. Okamoto : Ok . Let me ask y ou this , when y ou the security separated them, who are we ta l king

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M . Cannon : I don ' t even remember who was working.

Det. Okamoto : Ok, if I was to tell you that one of the security guards was name was Eddie -

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M . Cannon : Yes.

Det. Okamoto : Would you be able to say that he was one of the guys who was i n volved in the

se p a r at i on.

M . Cannon : Yes I know he was involved in (inaudible )

19 Det: Okamoto : Ok the r e was another guy there, the big guy named Steve Del ossantos .

20 M. Cannon : Yes.

21 Det. Okamoto : Was he part of the separtation ?

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M. Cannon : He's actual ly a coworker of mine . Yes was-

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Det. Okamoto : You working at Menage ?
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M. Cannon : Yes.

26 Det. Okamoto : Oh well . You still working at Menage ? Yes.

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M . Cannon : Yes I am.

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Det. Okamo t o : Ok and when you a y separation describe to me what y ou saw.

KRAUT LAW GROUP-CANNON

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M . C annon : I knew that - this was so long ago . I kn ow that Steve wa s holding th e gentleman that didn ' t

work t h ere. And it was almost kind of just like literally just holding him down and con t aini n g him to calm him down in order to get him out the door . And then - that's reall y it. it was almost holding both o f

them down and managing to get the one who didn't w ork there out the door .

Det. Okamoto : Ok now when y ou sa y holding him i he holding his arms is he h o l ding his legs I mean -

M. Cannon : I want to say - I want to sa y in a choke hold but that's too embracive

just, mai n tain their a r ms.

cuz I - it was lite r all y

Det. Okamoto : Ok so basicall y he had h i m in a headlock ?

M. Cannon: Yes.

10 Det. Okamoto : Ok so Steve has him in a head l ock , what ' s E dd ie doing ?

11 M. Cannon : I cannot te ll you. I think from what I can - I don ' t e v en want to ma k e a statement on t h at beca u se I d on ' t remember .

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Det. Okamoto :

0, I just want y ou to tell me th e truth.

M. Cannon :

0, I'm sorry it wa s so long ago . I'm - m y biggest problem is my f r ien d was in front of me

who was taller and blocked the majorit y of m y v iew .

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16 Det. Okamoto : Ok and t h at ' s De e?

17 M . Cannon : Who ?

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Det. Okamoto : Is t h at D ee ? Is that the guy with the pon y tail?

M. Cannon : No I d o n ' t eve n remem b e r a g u y with a ponytail . My frie n d Jaso n w a s in fro n t - I kn o w a

lot of p e ople t h ere a nd th e gen t lemen are a l way s v er y protect i ve of me and my f r ien d Jason ha d b een in fro n t of m e to make su re no one -

Det. Okamoto : Yeah.

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M. Cannon : Which I need . And he ' s taller than me a nd he blocked the majority of m y view.

Det. Okamoto : Ok . So is it safe to sa y that ok well a s he gets - so big Steve has h i m in a hea d lock ,

you ' re not too s u re where Eddie's at and your v iew i s a little obstructed

which is - I can see that on the v ideo . ow as the y t a ke him outside. do you see anything that goes on

outside?

because Jason is in front of you ,

M . Cannon: 0, as far as I knew the y all came right back as soon as the guy ha d been thrown out . The

doors we r e closed behind him and that was it. It wa s almost just -

KRAUT LAW GROUP-CANNON

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INTERVIEW #1

Det. Okamoto : L et me a s k yo u t hi s , did yo u see a n y b o d y hit this ki d ?

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M. C annon : I did not see a n yo n e hit h i m.

Det: Okamot o : Ok , did yo u s e e A I hit h i m ?

M . C annon : I know that AI had

took a swing , but the one that I saw mi ss ed .

pr o babl y w ail e d - I t hink I told Shell y th e s ame thing . I knew that h e

Det. Okamoto : He missed , ok .

M. C annon : So that ' s it . I ne v er s aw A I a ctually mak e c ontact with him.

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Det. Okamoto : Got y ou. Ok what' s , i s Jason y our bo yf riend or y our - just y our friend .

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M . C annon : 0 just an acquaint a nc e .

II Det. Okamoto : Ok what 's hi s -

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M. C annon : I don ' t e ven have his ph o n e numb er .

Det. Okamoto: Do y ou know hi s la st name ?

M . C annon :

0 , I don ' t s orr y , h e ' s r ea ll y j u s t a n ac qu a in tance.

Det. Okamoto : Do y ou kno w w here h e w ork s.

M . C annon : No .

Det. Okamoto : You don ' t know an y thin g -

M . Cannon : Literall y someone just from around the ar e a that comes into m y work ev er y once in a while

y ou k n ow what I mean.

Det. Okamoto : Got y ou .

M . C annon : And th e n w e run i n t o e a ch o th er t h e r e.

Det. Okamoto : Was there an y b o d y e l s e in th e b a r that yo u remember ? I mean I ' ve talked to AI, I ' ve talked to Ste v en , I ' v e talked t o E ric w ho' s the o th e r se curity g uard . I talked to Joseph w hose AI ' s cousin

who was helping him that d ay D J . A nd then I 've t a lk e d to this gu y named Ian , a girl named Vickie .

M . C annon : Those w ere the - yea h - I think th ey w er e there with the g entleman who got thrown out ,

weren ' t they?

Det. Okam o to : C orrect , ye ah . W as th e r e an y b o d y e l se in th e r e th a t yo u remember ?

KRA UT L AW G R O U P-CANNON

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INT ERVIEW # 1

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M. C annon :

employees that - cuz I've worked with everyone there before .

0 it was , I know that it was kind o f a dead night

D e t . Okamot o : Ok .

and it was litera l ly just all local

M . C annon : Like I worked there. I found out after that he was actually the DJ at Mykobi prior .

5 Det. Okamoto : Got y ou. Now after the incident happened and every body comes back in according to the video it looks like they're like reenacting things, i s that a tr u e statement.

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M . C annon : Well it was just bo ys being bo y s y ou kn o w what I mean.

8 Det. Okamoto : U h - huh. But do y ou recall that ?

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M . Cannon : When they ' re reenacting the y were just talking about how they separated them and got

them out the door .

Det. Okamoto : Ok . Did you - during this reenactment was anybod y t a lking a b out they ' re striking them , whether they ' re hitting them ?

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13 M. Cannon : No actually for a - I told Shel l y the same thing .

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Det. Okamoto : Who the same thing ?

15 M. Cannon : I tol d She ll y the same thing when she had asked me. The general man ager . I act u ally heard

16 Steve i n pa r ticular make a statement saying I can't belie e I actually didn ' t eve n hit him. And I know these g u ys p r etty well and they ' re the type - they're all guys . And they're the ty p e to brag when they do

so m e thin g . And the fact t h a t Steve would make that stateme n t m eans that they real l y did n ' t h it him.

i . 7

18 Det. Okamoto : Ok. are you and Ste v e good friends, do y ou guys talk other than -

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M . Cannon : I k n ow him, yeah .

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Det . Okamoto : Ok and how often do you gu y s talk ?
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M . C annon : How often ? I mainl y see him on the weekends just during work ho u rs , like we ' l l go to

work together . I mean sorry we work together and then but I know he just got let go and then also I

guess p robab ly just socialize would be the best word wa y .

24 Det. Okamoto : Ok. Do y ou gu y s - other than at work do y ou guys communicate by phone or anything

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like t h at ?

M. Cannon : Yeah I g u ess you could say so .

Det . Okamoto : Ok, you guys hang out together outside of work ?

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KRA UT L AW G R O UP - C ANN O

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INT ERVIEW #1

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C annon : Yeah, outside of work it would just be meals - like honestly all the people who work

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aro un d t h e a r ea hang out at Wokcanos.

Det . Okamoto : Got you . Other than this da y has he e er mentioned anything to you regarding this

incident ?

M. Cannon : 0 actua l ly its never come up .

Det. Okamoto :

ever . He's never said -

M. Cannon : I actually brought it up to him when Shelly had asked me what had happened and he didn ' t even have anything to say in regards to it like it wasn't a large deal. Do you know what I mean?

Det. Okamoto : Have you ever been to his house ?

M . Cannon : Yes. I've spent time with his mother and sister before.

Det. Okamoto : On Leslie Way ?

M. Cannon : Yeah .

Det. Okamoto : Were you aware that he's a drug dealer ?

M . Cannon : What ?

Det: Okamoto : Were you aware that he's a drug dealer ?

M. Cannon :

o .

1 . 8 Det. Okamoto : Oh ok. Is there anything else that I should know in regards to what happened that night ,

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I mea n do yo u remem b er a n ything else that happened prior to, before ?

M. Cannon : I ' m sorry , I j u st was in shock. Prior before like?

Det. Okamoto : Like befo r e the assault occurred ?

M. Cannon : Like before t h e assault occurred ?

Det. Okamoto : Um-hm.

M . Cannon : As far as like what happened between the guys ?

Det. Okamoto : Um-hm.

M. Cannon : I'm t r ying to think. I literally I don't - I feel bad not being able to give mo r e deta i ls and I

don't want to take guesses at it because (inaudible)

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Det. Okamoto : No, no, I don't want you to do that. I just want the truth and you might not be able to

answer my questions, I don ' t want

you to guess, I just

M . C annon : I know, I mean that's why I'm just

Det . Okamoto : I mean if you're a witness, you ' re a witness and that's what it is, but

5 M. C annon : The only part I could tell you that 1 saw was how it began and I saw the guys after.

6 D e t. Okamoto : What do you mean after ?

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M . C annon : Like I was, I had remained in the bar so when they were doing - when you are saying they

8 were r een acting what happened , that would probably be the only thing I could see and then I talked to them after and they were talking about - it was just

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Det. Okamot o: Guy talk .

M. C annon : Yeah like, chest bumping.

12 Det. Okamoto : Let me ask you this , well let me tell you this. This kid, and lets ju st assume at this point

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this kid,

injuries. Now let's assume that these injuries happened right after he got thrown out that bar. Who -

well he's definitely, he's got a long uphill battle, what I mean by that is he ' s got a lot of

M. C annon : Yeah I had heard about that , something about his jaw .

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16 Det. Okamot o: Ok so who do y ou think -

17 M . C annon : (inaudible)

1 . 8 Det. Okamoto : Where do you think that had occurred at ?

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M . C annon : Honestly I have no idea .

Det. Okamoto : Ok .

M . C annon : That ' s a very honest statement because I saw the guys after, I even heard Steve make a

statement like I can ' t believe I didn ' t hit him like because the guy had such a loud mouth on rum and I

honestly think, I don ' t even know I even heard a rumor that people came up to him after he'd been

th r own out but he was very intoxicated so no one knew really what happened.

Det. Okamot o: Ok. alright, weIl thanks for your help . Do you - how often do you see this Jason guy ?

M . C annon: I reaIly - its just like once probably maybe twice a month.

Det. Okamoto : Is there anybody that you can think of that would have contact with him or maybe

28 knows him better maybe knows where he works, he ' s not in trouble.

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. C annon : I ' m trying to think. I don ' t - Did you - I ' m trying to think how help or like give - No I

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can ' t th in k of anyone , I ' m sorr y I'm not a cocktail waitre s s or a bartender so its like - I mean like there ' s

customers and there ' s actual like -

Det. Okamoto : Oh y eah. I understand . Cu z somebod y told me - well I ' m trying to think who told me now, actu a ll y AI told me that the gu y he Dee and he alway s has a ponytail, that ' s the way AI described him to me.

M. Cannon : Dee?

Det. Okamoto : And when I look at the v ideo, it look s lik e that ' s the gu y who ' s standing next to y ou, but if y ou say its Jason , then I know its Ja s on .

M . Cannon : I would have to - no , n o, no , no - Ja s on doesn't ha v e long hair .

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Det. Okamoto : Ok so we probabl y just have two differ e nt people now , ok well let me give y ou m y - you h ave a pen ?

M. Cannon : Yeah , hold on one second . I honestly , I ' m prett y good with faces but I don ' t k n ow many

p eop l e wit h a ponytail an d I don ' t know one named Dee.

Det: Okamoto : Well that's - AI just told me that that's - y ou know unfortu n ately there ' s three guys in jail a n d I want to make sure I ' v e g ot the right people in j ail so now I ' m sta r ting to venture out to co rr o bo rate peop l e ' s stor y .
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M. Cannon : D o you m i nd if I ask who, I ' m assuming - it has to be three invo l ved in the fight

17 Det. Okamoto : Yeah , t h ose are the three guys who are in jail.

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M. Cannon : Are they ok ?

Det. Okamoto : What do y ou mean b y that ?

M. Cannon : I mean obviously not but - oh m y god. I'm s orr y. Can y ou hear me ?

Det. Okamoto : U h - huh I hear yo u .

M. Cannon : A r e they just under investigation right now ?

Det. Okamoto : Well , yes and no I mean y ou won't s ee Ste v e for a while. To say the least .

M. Cannon: Oh my god . Is his family ok ?

Det. Okamoto : Oh yeah yeah .

M. Cannon : Does his - I know - like I said I spent I' v e had - his mom and little sister before .

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Det . Okamoto : You've had what now ?

M. C annon : You're probably not the one to answer that .

Det . Okamoto : I ' m sorry.

M . C annon : I know his mom and his sister like I've had a barbecue over at their house before.

Det. Okamoto : Oh ok yes, I don ' t know. nothing about that. I mean unfortunately -

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M. Cannon : Got it . You wouldn't be the one to ask.

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Det. Okamoto : Yeah .

.:;,

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M . Cannon : Oh my god

Det. Okamoto : Its 626

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M. Cannon : 626

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13 Det. Okamoto : 744

14 M . Cannon : 744

I can ' t believe all this. Ok I have a pen.

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M. Cannon : 6418

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Det. Okamoto: And if there ' s a way , if you see Jason or if you somehow later on fig u re out so and so

k n ows Jason, works with Jason whatever , please just give me a call, or whatever information you f i nd out .

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M. Cannon : Uh - huh

Det. Okamoto: An d then also if y ou -

M. Cannon : What was your name again, I'm sorry.

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Det. Okamoto : Okamoto. O-K- A

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M. Cannon : O-K - A, have we met before ?

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Det. Okamoto : I don ' t know.

M. Cannon : Sorry.

Det. Okamoto :

ot that I know of .

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INTERVIEW #1

M.

Cannon :

0 I meant l ike I meant in Menage, I'm sorry a lot of the -

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Det. Okamoto : Uh I've had another investigation inside

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M. Cannon : Vice?

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Det. Okamoto: I ' ve had an investigation inside of Menage, that's a coup l e of years ago .

M. Cannon : Oh that wouldn't be it. A lot of the (inaudible) police officers come in.

Det. Okamoto : Oh. no, n o, no. I'm not part of that crowd. But if for instance you remember someone

else b ei n g there that you can't think of right now. then yeah I'd be interested i n talking to them because ultimately I'm just trying to get to the bottom of the truth you know.

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M. Cannon : 0 in any way I can help I'm completely happy to.

1 Det. Okamoto : 0, no, no. I appreciate that . Now other you being at Menage is there another - and I ' m not h e r e to arrest you so I'm not trying fool you but, where e l se can I contact you at for instance if I had to fi n d you?

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M. C annon : Honestly if you had to find me. my cell phone is on me constantly.

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Det. Okamoto : Ok.

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16 M. Cannon : So, I either would never be, if I don't pick up it would litera l ly be just a short call back after .

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Det. Okamoto : Got you . Ok .

M. Cannon : I'm all over the place all the time.

Det. Okamoto : Do you go by Cannon, or is it Beair or something ?

M. Cannon : Cannon. C-A- - -0- .

Det: Okamoto : Ok so this other one is your maiden name?

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M. C annon : 0, Byer was my divorced, married name.

Det. Okamoto : Ok, so Cannon is your maiden name ?

M. Cannon : Yes.

Det. Okamoto : Ok, let me just make sure, so the Willard address is no good anymore?

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M . Cannon : That ' s my grandparents address.

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D et. Okamot o: Ok.

M . C annon : But I ' m a student and I do a bunch o f different things s o just moved out of my house and

I ' m in the middle oflike moving around

Det. Okamoto : And again I ' m not (inaudible ).

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M . C annon : Yeah please don ' t .

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Det. Okamoto : 0 I wou l dn't do an y thing like that but, y ou know, now that I know you ' re cooperative , I mean I just need to make sure that I talk to everybod y and everything.

M. Cannon :

0, no problem , literally m y cell phone is on me 24 1 7. If I don ' t pick up its just a call back .

:0 Det. Okamoto : Perfect .

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M. Cannon : And I ' ll let you know wherever I'm at if y ou need to speak to me in person .

12 Det. Okamoto: OK . I Appreciate that.

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M. Cannon : 0 prob l em.

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:5 Det. Okamoto : Ok Megan thank you very much for y our help .

M. Cannon : Is there anything else y ou need me to do like try to get a hold of anyone.

17 Det. Okamoto : I just , I just - let me ask you this. when you were there and after this all unfolded did Jason say a n ything to you in regards to what he saw different from what you saw?

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M. Cannon : Uh - uh. He was literally kind of not really invested cuz he didn ' t k n ow any of the peo p le. So h e wo u ldn ' t have even - he wasn ' t even one of the boys, kind oflike par t of th e reenactme n t or like ,

do you know what I mean. honestly , this is just from my personal opinion , if yo u we r e to ask him what ha pp ened , I don ' t even think he'd remember ver y well or who you were ta l king a b ou t by name .

Det. Okamoto : Yeah yeah yeah I can under tand that. Again , m y job is just to do a thorough investigation.

M. Cannon : I understand.

Det. Okamoto : A n d whether its going to help somebody or hurt somebody, my job is to get to t h e t r uth ,

c u z I d on't want to have anybody injail for any period amount of time if they don't need to be there.

M. Cannon : Isn't there cameras outside?

Det. Okamoto : Yeah , there's cameras. There 's cameras.

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M.

C annon : Outside of the back doo r .

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Det: Okamoto : Oh yeah yeah y e a h th e re' s camera s, they th r ew him out face down , he ' s unconscious.

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M. Cannon : Ok .

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Det. Okamoto : So there ' s - y ou kno w again it pr o bably could hav e been reso l ved in different ways but

unfo rtu nately people aren ' t hone s t with the poli c e and y ou know I think in Steve' s

it is what it is - I ' m sure you ' ll hear all the rumor s l a ter I'm not g oing to

won ' t b e seeing him for a while.

big case he - I mean

be the one to tell you b u t you

M . Cannon : Oh m y god.

Det. Okamoto : Ok .

M . Cannon : Ye a h , I don't kno w. I ' m s orr y I w a s j u s t thinking about his mother and his sister .

11 Det. Okamoto : Ok .

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M. Cannon : Alright , yeah pleas e f eel free to g i ve m e a call if y ou need an y thing -

Det. Okamoto : Ok. I will

M. Cannon : I'Il let R yan know that y ou're tr y in g to get a hold o f him.

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Det. Okamoto : I r eally didn't n e ed him. The onl y reason I wanted to talk to R y an was to get to you .

17 M. Cannon: Oh ok .

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Det. Okamoto : I was trying to g et - I was hoping that R y an would be able to furnish y ou with the

num b er but after doing a couple searches i s how I c a me across y ou .

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M. Cannon : Oh ok . Yeah

Det. Okamoto : Thank y ou v er y much . B ye

M . Cannon : You ' re welcome . B y e

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