GUILTY HI - Carly Joann 'Charli' Scott, 27, pregnant, Makawao, 9 Feb 2014 - #4

[puakenikeni]

Is the jury sequestered?
I've given up on Maui News so I appreciate any and all informational input on this site.

Loio would know better, but the article said that jury selection is ongoing. I don't think sequestration could come up until a full jury and alternates are empaneled.

I would spec they will try not to sequester, because it's already a long trial period. I doubt Maui County has funds for months of putting up jurors, and it's not the norm when they try local boys even though it's an island and the coconut telegraph is a reality. IIRC, it was the appearance of tell all books and national media interviews that triggered sequestration with OJ's trial.

but the prospective jurors do not get to hear these evidentiary hearings, and they are not supposed to read Maui News and so forth to find these things out, so I'm sure they have been instructed to avoid the media.

 

[puakenikeni]

From being in the courtroom these past few weeks I've noticed the defense to be aggressive and loud and very argumentative. The prosecution appears relaxed and often Ms Jones is soft spoken. Denying the DNA evidence is a huge blow to the State's case.

If there is a game plan in play for this trial, now would be the time for Rivera and Jones to start using the mic because all I see is twenty-seven years of Charli's life culminating in a 12in thick file on their table. If that doesn't make you yearn for justice, I don't know what will.

That's discouraging to hear. Let's hope they are saving their performance if any for when the jury can hear. I doubt the judge is impressed by the defense antics.

 

[Mamamerced]

From being in the courtroom these past few weeks I've noticed the defense to be aggressive and loud and very argumentative. The prosecution appears relaxed and often Ms Jones is soft spoken. Denying the DNA evidence is a huge blow to the State's case.

If there is a game plan in play for this trial, now would be the time for Rivera and Jones to start using the mic because all I see is twenty-seven years of Charli's life culminating in a 12in thick file on their table. If that doesn't make you yearn for justice, I don't know what will.

I'm so weary of aggressive, loud and argumentative lawyers, politicians and other "power brokers". Let's hope the jury is sick of it, too, and pays close attention to the details of his interview, and that the prosecution continues to focus on the descrepancies and loads of circumstantial evidence.

Thanks, Loio.

 

[puakenikeni]

Judge denied DNA evidence (hair found in the pants pocket), says it was too late for admission.

http://m.hawaiinewsnow.com/hawaiinewsnow/db/330510/content/sZjK5DIZ

That is terrible! Is that a current clip of Brooke and Kim in the courtroom or a file footage from past hearing? This is bad.
The HNN story is excellent, thanks so much for link.

I have to say the media slop is confusing. I remember saying a while back that the hair appeared to be SC's from the wording, then yesterday noted Maui News said it was Charli's, and now HNN says it was Steven's, and for the first time they call the jeans his jeans as if there is no question about that. I would think there is a question and they need the DNA from the hair to establish that.
well, they said the hair was brown, not red, so that does sound like him.
Sounds like the judge could be making a serious mistake not to allow time for defense to do testing and to get that hair into evidence. If only it had been found before ... heartbreaking.

 

[puakenikeni]

I'm so weary of aggressive, loud and argumentative lawyers, politicians and other "power brokers". Let's hope the jury is sick of it, too, and pays close attention to the details of his interview.
Thanks, Loio.

Amen to that thought, MM. Sigh.
Loio, your observations are awesome.

 

[puakenikeni]

http://www.mauinews.com/page/conten...idence-in-Capobianco-murder-trial.html?nav=10

The new Maui News article from today makes it sound like both the Sorenson and the FBI testing is out. The former being the testing for which the trial was delayed back in January. Prosecution got hundreds of pages to review to defense on more or less eve of trial, and now SC is asserting right to speedy trial. So the DNA is tentatively out. Defense points out that the prosecution got a GJ indictment without DNA so they can use what had then.

DNA analysis of the waistband of the jeans was mentioned, first I have seen. Maybe the skin cells MM proposed would be on the jeans. I am thinking he had on underwear that limited the contact but the waist would have friction if underwear had lower waist.

Speaking of jeans, now that we know they had her blood and we at least know they were his -- this pile of clothing could not have been intended to be found. Possibly it was intended to be retrieved by SC or accomplice, and that is why it was piled and not far from the road. He might conceivably have wanted to taunt the family with Charli's clothes, but his own incriminating jeans? No way.
For some reason, he was not able to take everything away that night or get back to it that week, is what I think now.

 

[Mamamerced]

Thanks, Pua, for the link and summary. Just to piggy-back on what you summarized; Cardoza noted his ruling Tuesday was preliminary. "The record can change in the course of the trial, including one side or the other opening the door to evidence that might otherwise have been excluded," he said.
How do we know the jeans were his if DNA not allowed? Sloppy reporting?

 

[puakenikeni]

Thanks, Pua, for the link and summary. Just to piggy-back on what you summarized; Cardoza noted his ruling Tuesday was preliminary. "The record can change in the course of the trial, including one side or the other opening the door to evidence that might otherwise have been excluded," he said.
How do we know the jeans were his if DNA not allowed? Sloppy reporting?

Must be sloppy, I mean if they have proof of the jeans being his with her blood, that would be damning.
I'm glad you mentioned the preliminary part. That does leave room for hope.
My impression is the judge is very concerned that a conviction would be appealed successfully if he doesn't suppress this. It appears to be the fault of the MPD for not finding the hair the first time, and somehow the prosecutor's office did not rush the results to the defense, and the defense didn't get it in a reasonable time, so there it is. They are entitled to have time to really go over the reports, and I'm sure there are cases (not this one) where innocent persons could suffer if the time requirements were ignored. I do get it, but what a crushing turn of events.

 

[Loio]

Sorry I can't be in court everyday, it would be impossible so I have to be very selective on which days to attend.

 

[puakenikeni]

Sorry I can't be in court everyday, it would be impossible so I have to be very selective on which days to attend.

Of course you must ...
Your time is so much appreciated ...
good to know you may not be there and we should discuss with what the media provides.

 

[Mamamerced]

live streaming the trial on: http://khon2.com/2016/06/27/maui-man-accused-of-killing-ex-girlfriend-on-trial/
At least for today.

 

[Loio]

Nikki and I are in court today, strong presence of the Scott family and the aunt of the defendant. Images are only being shown to the jury. The link may not work during recess. All recesses are 10 mins except for lunch which is noon to 1:30 pm.

 

[Loio]

I'm not really certain what is permissible for public discussion although the jury was admonished to refrain from researching the case. In any event, I won't be commenting on any goings-on. The trial is live streamed so that allows everyone to share in the experience.

 

[Mamamerced]

Did the trial end at 3:30 Hawaii time? KHON quit streaming then.
Does anyone know if there is a list of witnesses with the dates scheduled to testify? Impossible to watch all day everyday.

 

[Loio]

Mamamerced, the live feed was cut 2 hrs early. Not sure why. I know one of the issues was whether or not the feed was still live when the attorneys approached the bench and went off the record. This was brought up after the fact.

 

[Mamamerced]

Mamamerced, the live feed was cut 2 hrs early. Not sure why. I know one of the issues was whether or not the feed was still live when the attorneys approached the bench and went off the record. This was brought up after the fact.

Thanks, Loio. I actually heard Rivera and Apo talking about the live feed and pointing to cameras while they were at their tables.
Do you know where we can read what was covered during those 2 hours? Transcripts posted anywhere?

 

[heartgoesout]

I've watched it all, other than the missing hours. I am not impressed with the defense attorney. He is disorganized, scattered and for such a high profile case seems incompetent, IMO. He maintains their defense is that there was not an investigation into any other possible suspects. I think the prosecution will show that as the evidence unraveled there was no need to.
A few notes I took that stood out while I was watching for those of you who haven't had a chance to watch:
It is my understanding family is not allowed in the courtroom during testimony because they are witnesses? I'm not sure about this.
If my memory serves me right this is the first I remember hearing of Charli's body piercing being found with flesh attached. The prosecution mentions this in his opening statement.
Prosecution says SC told a girlfriend, Taylor, he hooked up with a bar *advertiser censored*. The Facebook post of alcohol and impregnating a women now makes sense.
2 cell phones went out Hana that night but only one came back.
Maggots will give approximate time of death.
Evidence will show removal of flesh from the jawbone was with a serrated blade. Blunt trama to skull and signs of dismemberment. No mention of any chemicals to help along the decomposition process.

Defense says Steven lied to protect Charli's name and the truth of what really happened that night will come out.
Defense says CSI will testify that evidence handling was a joke.
He mentions Mo Monsalve and hints at a serial killer.

The first prosecution witness was getting really confused. She worked at Planned Parenthood were she witnessed SC pressuring Charli to get an abortion. Defense attorney tricked her into saying she didn't know if the man Charli was with that day had facial hair after she testified she was certain it was SC. That was a big slip up as he hinted it wasn't even Steven, but I don't think it had any real negative impact.

Second witness worked with SC at Mana foods. I thought he was very credible. He did not think the marks on Steven's hands were burn marks and that SC told him a cable snapped and wound tightly around his hands while working on a friends Honda. Seems plausible I hate to admit. He also testified to the comment SC made to him asking how one gets away with murder. He said although they would joke and had some dark humor this seemed strange.

Third witness also worked with them at Mana and told SC about the off road Charli was found on and that SC had gone there shortly after that conversation. Both of the co workers agreed Steven was not himself that Tuesday morning, (neither worked with him Monday) acting jittery and nervous but that SC was not exhausted and though a bit off not completely remarkable to call police and report it.

Prosecution seems to be calm, cool and collected while defense seems scattered. Apo (defense) seemed to get shut down a lot and gets easily agitated. Seems to me that even simple How to ask a witness questions 101 is lost on him. IMO
I'm also bias so my negative impression of him is just my opinion.

 

[heartgoesout]

Mamamerced, the live feed was cut 2 hrs early. Not sure why. I know one of the issues was whether or not the feed was still live when the attorneys approached the bench and went off the record. This was brought up after the fact.

When they approached the bench the sound was clearly muffled with static. I listened to it with high quality headphones and I couldn't hear what they were saying.

 

[heartgoesout]

What did we miss those last couple of hours?

 

[Mamamerced]

Thanks, HGO, for your observations and recap of the proceedings yesterday. I missed opening statements!
One point I found very interesting was when the Mana Foods bakery manager said SC had told him he got his truck stuck on the road into Paraquats and that he was very sore from 'digging it out'. Seeds for his interview story? I think we'll be hearing more about that.
I had a different take from the PP witness. To me she seemed very resolute with her recollections and took her time to process Apo's questions before answering. I thought he came very close to badgering her, which he didn't do to the two male witnesses.
And I thought Apo looked very pathetic and petty when he challenged her...paraphrasing here.....she seemed so sure about her dates and times, BUT what if he were to tell her that SC could show he was at work that entire day. I thought it might be a Perry Mason moment then, but Rivera immediately objected saying it was unsubstantiated, there was no documentation to that claim. Judge Cardoza sustained the objection.