GUILTY HI - Carly Joann 'Charli' Scott, 27, pregnant, Makawao, 9 Feb 2014 - #3

[Mamamerced]

Warning: Vent following--
Thanks, PT. But, I'm not blaming MN because apo's questioning is ridiculous; I'm blaming MN for lousy reporting and writing.
My comment lamented a frustratingly uninformative article, and I'm simply stating that from the report we cannot be sure WHAT was said or done with regard to ANYTHING, because the piece itself is written and organized so poorly--disjointed half-facts, haphazardly strung together. This leads to pointless assumptions, speculation and confusion on the readers' part, --all decidedly unhelpful...but we musn't have clarity! ...And what about MN choosing to say Loo "acknowledged" [that he committed an oversight] --a word loaded with innuendo? What came prior which would justify or explain both Loo and the reporter's thinking? Can we just have an exact quote, please? And Gee I wish I didn't have to guess which document they're for sure talking about--ASSUMED to be the Miranda Warning Document, which you, PT, so thoughtfully provided--because that doc very clearly covers SC's right to an attorney. Yet now we ponder... what is not "explicit" about ONLY This one part of the "MPD warnings and waver form" (which WAS "read aloud" and "each warning" WAS initialed by SC)? We must piece together the mess, always wondering what information is missing.To boot, we are left to figure out what is not "explicit" about "reading aloud"--ONLY failing to be explicit for the read aloud attorney part (s?)
Should we think that maybe Loo speed-mumbled through the attorney parts? The first & second were nice and loud and clear--those initials count--but numbers three and four sounded kind of mffrstashny--oh but then he recovered his clear, explicit Miranda voice for number five and finished well.
...Oh yes, another thing: why twice make ill-placed references to the 10 x 10 audio and video room, and word it as if it might be two different rooms? See? I wrote it clearly. I can see Apo using the room descriptions as emotional manipulation, but MN's word and placement choices are illogical and misleading.
So, yes, we know well what defense is up to--but what we don't know so well is what happened in the courtroom. :moo::moo::moo:
OK, I'm done.


Mpd warnings and waiver form, Miranda:http://www.websleuths.com/forums/attachment.php?attachmentid=76162

http://www.mauinews.com/page/content.detail/id/598888/
["That testimony followed Loo's third day of questioning in 2nd Circuit Court. Loo acknowledged that he committed an oversight when he failed to*explicitly tell Capobianco about his right to an attorney before interviewing him on Feb. 12, 2014.
Loo said that he read aloud each line of the Maui Police Department's warnings and waiver form to Capobianco inside an audio and video recording room at the Wailuku Police Station. He said that Capobianco would initial each warning as he read it to him, but he did not go over the provision that advised Capobianco of his right to legal counsel.
"You can't say positively that he had time to stop and read" that he had a right to an attorney? defense attorney Jon Apo asked Loo.
"I cannot, sir," Loo replied.
Loo said Capobianco spoke to him and another detective inside a 10-by-10-foot room for about 30 minutes at the station."]

Thanks for the rant, Napili. The wording is confusing at best and certainly seems biased against Loo.

 

[RunDaSurf]

Moderators,
Is it ok for someone who is at a court hearing posts their account of what happened in the court?

 

[Mamamerced]

I hope and would imagine the answer to be yes, esp. if you establish that it's your interpretation/moo of the proceedings.

 

[beach]

Moderators,
Is it ok for someone who is at a court hearing posts their account of what happened in the court?

Yes, sure. Members attending court hearings are welcome to report back. All we ask is that personal observations, impressions, etc.. are posted as accurately and responsibly as possible and not posted in a tone that attempts to sway or influence others. Make sense?

Thanks!

 

[heartgoesout]

Napii, you posted this as the MPD warning and waivers form
Mpd warnings and waiver form, Miranda:http://www.websleuths.com/forums/att...chmentid=76162

I was imagining there was a warnings and waiver form and then a separate Miranda rights form? Am I mistaken?

 

[Napili]

Napii, you posted this as the MPD warning and waivers form
Mpd warnings and waiver form, Miranda:http://www.websleuths.com/forums/att...chmentid=76162

I was imagining there was a warnings and waiver form and then a separate Miranda rights form? Am I mistaken?

Hi Heart--I'm only in learning mode, but I believe you are mistaken--an easy mistake given the lack of clarity in the MN article in question. That's what I thought too, until PT posted the link. But, because it isn't stated explicitly, a sliver of doubt frustratingly remains...

I heartily agree with all of the above statements, too.

Can someone please post when the next court date will be. I'm assuming it's at the Courthouse in Wailuku?

 

[Mamamerced]

Hi Heart--I'm only in learning mode, but I believe you are mistaken--an easy mistake given the lack of clarity in the MN article in question. That's what I thought too, until PT posted the link. But, because it isn't stated explicitly, a sliver of doubt frustratingly remains...

I heartily agree with all of the above statements, too.

Can someone please post when the next court date will be. I'm assuming it's at the Courthouse in Wailuku?

I believe MN said July 16 for the date to continue the hearing.

 

[Kapua]

I believe MN said July 16 for the date to continue the hearing.

Thursday, July 16 is 3 days from today. Will anyone from WS be attending the hearing?

I know we are all looking forward to jury selection and the start of the trial.

 

[Loio]

I'll be there.

 

[heartgoesout]

Lolo, can you give us an update?

 

[Loio]

The State asked for a continuance because they have proof Capobianco was Miranda'd by the officer that administered the polygraph.

Still in court - attorneys are going over their calendars.

 

[heartgoesout]

Do you know why would that justify a continuance?

 

[Loio]

Do you know why would that justify a continuance?

The State said they just received the information and evidence earlier this week. The defense didn't oppose the continuance. They'll be back in court on August 28th.

 

[Loio]

My personal observation of SC is that he sauntered into the courtroom with a little swagger, he appeared very confident. He boldly faced those in attendance but made obvious efforts not to make eye contact with the Scott family and friends. He had two family members in attendance behind him and smiled and waved at them. His hands were cuffed in front and he wore his black and white outfit. His hair, although still quite outgrown was slick with product (or water). He had a fresh shave save for the bushy patch of hair on his chin and did a Fonzie-esque move with his pointer fingers (like double shooters) towards his defense attorney before he sat down at the defense table.

The defense said they would have rested today as far as the motion to suppress evidence goes.

 

[heartgoesout]

The court system really confuses me. It's been quite enough time. Where is this "new" evidence coming from? It's great, don't get me wrong, but shouldn't this crucial evidence been presented already? Did someone rewatch the video recording of him being questioned and see something missed before? And why would they need a continuance? Why wouldn't they present this new evidence today and move on?

 

[RunDaSurf]

[h=1]Capobianco hearing delayed until Aug. 28[/h][h=5]July 17, 2015[/h]The Maui News

http://www.mauinews.com/page/conten...nco-hearing-delayed-until-Aug--28.html?nav=10

 

[RunDaSurf]

Reason for the delay to August 28 is to fly the polygraph examiner back to Maui


"In court Thursday, First Deputy Prosecuting Attorney Robert Rivera asked for the delay in the hearing to allow polygraph examiner Ralph Turre to testify.Turre, who was a Maui Police Department employee at the time, now lives in Oregon, Rivera said.
He said he received evidence last week that Turre advised Capobianco of his constitutional rights before administering the polygraph test. Instead of the MPD form used by police officers, Turre used a form that he administers with each polygraph test, Rivera said.
He said that the test, administered two hours before Capobianco's second interview with Loo, was videotaped."

http://www.mauinews.com/page/content.detail/id/600106/Capobianco-hearing-delayed-until-Aug--28.html?nav=10

 

[heartgoesout]

So isn't that crucial information that should have been documented in his file?!?! Geeeeezzzz
Good Lord.

 

[Loio]

So isn't that crucial information that should have been documented in his file?!?! Geeeeezzzz
Good Lord.

Right? I will say though that the defense attorneys don't appear all that enthusiastic about the case. They looked bored. I get the impression that Capobianco enjoys going to court. It gets him away from the jail.

 

[heartgoesout]

In my experience court in very sterile. The judge, attorneys, court employees, etc...do this everyday. They go through the motions and do look bored. Whatever the law is, they are just reading off of that. It's not like TV. Now, for the people involved, it is emotional and confusing. One has to stay on top of it to have questions answered and understand the mundane process.