GUILTY HI - Carly Joann 'Charli' Scott, 27, pregnant, Makawao, 9 Feb 2014 - #5

[Nikki Lisette]

I'm confused. Has the State rested? And that article was pretty much irrelevant considering she's talking about spotting cars on SAT morning. Wth? I am thoroughly confused.

 

[puakenikeni]

That's what I've been consulting too. The witness list is not online. We can see the subpoenas, and for each one it has the name of who issued it -- Rivera or Nardi. Not everyone who gets a subpoena will necessarily be called.

 

[puakenikeni]

I'm confused. Has the State rested? And that article was pretty much irrelevant considering she's talking about spotting cars on SAT morning. Wth? I am thoroughly confused.

Nikki, see today's posts here for company in confusion.

No way the State has rested. For one thing, no experts or witnesses on the arson charge, and no forensic evidence presented yet, including phone records.

 

[heartgoesout]

So who's truck had the stickers?

 

[ndrew]

So who's truck had the stickers?

Just wondering , was that photo of the back of the truck taken after the police took possession? Maybe the stickers were removed during the "truck washing/bleaching".
Maybe some of the ex-friends of SC can shed some light on the sticker question.

 

[Nikki Lisette]

And maybe it's just a coincidence that a silver 4runner was seen on Hana Hwy back in February 2014. I saw one today near Giggle Hill. It had an Hawaiian islands sticker in the window.

Am I supposed to believe she knows the difference between a 4runner and a Nissan Pathfinder when she doesn't even know what a 49ers logo is? Just stop it. Who is she?

 

[Nikki Lisette]

These are my notes from CK's first day on the stand, taken in the order of testimony given. If topics jump around, ignore it, that's Rivera's M.O.

*Verbatim:

CK worked at Mana.

Skyped Saturday night into Sunday morning.

Saturday, February 8, 2014, said he would work on a friend's truck @ 11pm.

Skyped on Sunday AM.

Bragged new truck would be great in the mud. (New Topic re: SC's feelings on his newly acquired 4Runner)

Skyped all day Sunday throughout the day. Said he'd work on friend's truck again on Sunday night. Unavailable.

5pm HST Skype

Showered and left around 8:15pm HST. End Skype with CK.

Why shower? CK thought.

2:30am HST Skype showing CK his hands. CK had been sleeping.

I wrote this out to show that maybe SC did in fact drive out Hana way on Saturday night, scouting a place for his crime. This might be why Grandpa Young testified that he was home at 11pm on Saturday. It doesn't mesh with Hana resident Shelly Tumbaga's testimony that she saw him in Hana around midnight. I wish I had listened harder to what time CK ended her Skype session with SC on Saturday before he left to "work on a friend's truck."

The jury has a gd mess to figure out. I hope they get a spreadsheet or Excel during deliberations.

 

[Kapua]

These are my notes from CK's first day on the stand, taken in the order of testimony given. If topics jump around, ignore it, that's Rivera's M.O.

*Verbatim:

CK worked at Mana.

Skyped Saturday night into Sunday morning.

Saturday, February 8, 2014, said he would work on a friend's truck @ 11pm.

Skyped on Sunday AM.

Bragged new truck would be great in the mud. (New Topic re: SC's feelings on his newly acquired 4Runner)

Skyped all day Sunday throughout the day. Said he'd work on friend's truck again on Sunday night. Unavailable.

5pm HST Skype

Showered and left around 8:15pm HST. End Skype with CK.

Why shower? CK thought.

2:30am HST Skype showing CK his hands. CK had been sleeping.

I wrote this out to show that maybe SC did in fact drive out Hana way on Saturday night, scouting a place for his crime. This might be why Grandpa Young testified that he was home at 11pm on Saturday. It doesn't mesh with Hana resident Shelly Tumbaga's testimony that she saw him in Hana around midnight. I wish I had listened harder to what time CK ended her Skype session with SC on Saturday before he left to "work on a friend's truck."

The jury has a gd mess to figure out. I hope they get a spreadsheet or Excel during deliberations.

Exactly, Nikki, the only way this testimony makes any sense is if the prosecution is trying to suggest that SC made a trial run Saturday night. He might have had some, uh, business in Hana as well. Even then, the description of the vehicle did not include the broken back window or the fact that it was lifted, and like HGO pointed out, there were no bumper stickers, only a safety sticker on the vehicle that Taylor identified. However, I zoomed in on that photo and there are black marks on both sides of the bumper - to the right of the safety sticker, and to the extreme left side of the bumper. I like ndrew's suggestion that the stickers could have been removed during Thursday's bleach washing. We don't know if the prosecution asked Taylor or any other witness about the bumper stickers on his vehicle because, unfortunately, we don't have a live stream. If the prosecution expects a jury to believe that the vehicle that Shelly Tumbaga saw Saturday night was SC's, they'd better back in up with phone evidence and other witnesses.

 

[puakenikeni]

Thanks for those notes from "on the scene" Nikki!

A few things strike me:

"Skyped all day Sunday throughout the day. Said he'd work on friend's truck again on Sunday night. Unavailable."

So he has no problem skyping during his work hours instead of doing his job, but he cannot be interrupted during work session on friend's truck. Not even once. He knows that in advance, that he won't have a free moment. I guess the friend has no cellular or wireless at his place. (Yes, that is possible.)
------
"Skyped Saturday night into Sunday morning.
Saturday, February 8, 2014, said he would work on a friend's truck @ 11pm."

How can he skype Saturday night into Sunday morning if he goes out at 11 to do something that is going to take at least an hour? I don't understand how this timeline could work.
--------

"Showered and left around 8:15pm"

I'm not sure this whether this was said earlier here, but this pretty much proves Steven was in communication with Charli, one thing he said that was at least part true. He knew when she was leaving, and he knew in advance because he showered at a time to be ready to go at 8:15. I have wondered previously if he blitzed her when she got home, for example, with no arrangement to meet. But he knew. That does not 100% rule out her driving home and him driving to Makawao, but with her communicating on the time frame of her leaving the family party, and both being in Haiku at that time, most likely they would meet in Haiku.

The reason he said she was meeting him is of course bogus at the root in that his truck was not broken down, but we do not 100% know that he did not feed her a story similar to what he gave the cops. I would tend towards he did not use that exact story, but he could have said he got stuck in a much closer area than past Keanae, somewhere she would be likely to agree to go. Or other reasons to meet that we have discussed. I wonder if he took his truck to meet her or had her swing by. He could have been texting Charli while skyping CK.

At any rate, the important thing there is he knew when to go meet Charli because they were communicating in some way (most likely texts).

 

[puakenikeni]

Exactly, Nikki, the only way this testimony makes any sense is if the prosecution is trying to suggest that SC made a trial run Saturday night. He might have had some, uh, business in Hana as well. Even then, the description of the vehicle did not include the broken back window or the fact that it was lifted, and like HGO pointed out, there were no bumper stickers, only a safety sticker on the vehicle that Taylor identified. However, I zoomed in on that photo and there are black marks on both sides of the bumper - to the right of the safety sticker, and to the extreme left side of the bumper. I like ndrew's suggestion that the stickers could have been removed during Thursday's bleach washing. We don't know if the prosecution asked Taylor or any other witness about the bumper stickers on his vehicle because, unfortunately, we don't have a live stream. If the prosecution expects a jury to believe that the vehicle that Shelly Tumbaga saw Saturday night was SC's, they'd better back in up with phone evidence and other witnesses.

I just feel like we are in a swamp with this testimony because the only source is one reporter, and the dates make no sense, and local media has a track record of not being precise. So I'm just going to put it to one side until and unless it is clarified.

edit: I have some faith that the people in court understood the point of this testimony re the prosecution's case. This article is a fail. But thank you Maui Now for all the past good articles. OTOH, Maui News seems not to have covered this day at all, which makes me question whether it had any testimony that matters.

 

[Kapua]

Thanks for those notes from "on the scene" Nikki!

A few things strike me:

"Skyped all day Sunday throughout the day. Said he'd work on friend's truck again on Sunday night. Unavailable."

So he has no problem skyping during his work hours instead of doing his job, but he cannot be interrupted during work session on friend's truck. Not even once. He knows that in advance, that he won't have a free moment. I guess the friend has no cellular or wireless at his place. (Yes, that is possible.)
------
"Skyped Saturday night into Sunday morning.
Saturday, February 8, 2014, said he would work on a friend's truck @ 11pm."

How can he skype Saturday night into Sunday morning if he goes out at 11 to do something that is going to take at least an hour? I don't understand how this timeline could work.
--------

"Showered and left around 8:15pm"

I'm not sure this whether this was said earlier here, but this pretty much proves Steven was in communication with Charli, one thing he said that was at least part true. He knew when she was leaving, and he knew in advance because he showered at a time to be ready to go at 8:15. I have wondered previously if he blitzed her when she got home, for example, with no arrangement to meet. But he knew. That does not 100% rule out her driving home and him driving to Makawao, but with her communicating on the time frame of her leaving the family party, and both being in Haiku at that time, most likely they would meet in Haiku.

The reason he said she was meeting him is of course bogus at the root in that his truck was not broken down, but we do not 100% know that he did not feed her a story similar to what he gave the cops. I would tend towards he did not use that exact story, but he could have said he got stuck in a much closer area than past Keanae, somewhere she would be likely to agree to go. Or other reasons to meet that we have discussed. I wonder if he took his truck to meet her or had her swing by. He could have been texting Charli while skyping CK.

At any rate, the important thing there is he knew when to go meet Charli because they were communicating in some way (most likely texts).

Saturday, Feb. 8, 2014:

Kupstas testified that toward the evening hours on Saturday, Feb. 8, 2014, the defendant had told her he was going to go to work on a friend’s truck. In addition to working on a friend’s truck, Kupstas said she wrote down a timeline of her Skype sessions with Capobianco, and found an entry that indicated he had gone to a party after. “He returned from the party at around 11 p.m. his time (Hawaiʻi time),” said Kupstas who was living in Pennsylvania at the time.
------------------------------------------------
Sunday, Feb. 9, 2014:

On Sunday, Feb. 9, 2014, Kupstas said she spoke with Capobianco before and after he went to work and agreed with questioning that his demeanor “appeared to be normal.” Kupstas testified that the one curious thing the latter Skype conversation was that she questioned why Capobianco was taking a shower when he said he was going to fix a car.

http://mauinow.com/2016/08/07/capobiancos-ex-girlfriend-asked-did-you-do-this/

This is what Maui Now had to say regarding Cass' testimony about the Skype sessions on Saturday and Sunday.

 

[Kapua]

And here's Cass' testimony as described by Lila Fujimoto at Maui News:

During a Skype call on the evening of Feb. 8, 2014, "he told me he was going to work on a friend's truck," Kupstas said.

At about 5 p.m. the next day, Capobianco again said he was going to work on his friend's truck, Kupstas said.
"He showered. I asked him why he was showering to work on the truck," she said. "He left around 8:15 p.m."
When she got the Skype call at about 2:30 a.m. Feb. 10, 2014, showing his hands, "there was a big line across his hand that looked like it had been smashed, and his knuckles were kind of bruised," Kupstas said.

http://www.mauinews.com/page/conten...cribes-different-Capobianco-alibi.html?nav=10

 

[Kapua]

I just feel like we are in a swamp with this testimony because the only source is one reporter, and the dates make no sense, and local media has a track record of not being precise. So I'm just going to put it to one side until and unless it is clarified.

I totally agree. We have gone from KHON's live stream to long, detailed, daily articles from both Maui News and Maui Now, to updates every few days from one source or the other. Maybe some mainland news media would like to fly over for the remaining weeks and take up the slack. In all fairness to the reporters, it's got to be tough to sit there and listen day after day to Apo's frequent objections. Still, accuracy is important.

 

[Nikki Lisette]

If sitting in a brisk courtroom all day isn't making the news outlet any money, there's no business sense in being there.
Instead of complaining about a paywall, try buying digital access for a day. Let's support the small news outlets since we rely on them for info on Charli's case.

On the other hand, sadly, interest in the case has waned. Charli has a handful of faithful supporters that are there every, single day. Outside of that, law students drop in from time to time and looky-loos. I've seen the bailiff doing a crossword puzzle when his attention should be on the defendant! Smh.

 

[Nikki Lisette]

I thought about CK's answer to talking Saturday into Sunday night and that could be just that. Literally Skyping when he got back after midnight or whenever til dawn. Very few people distinguish midnight as being a new day. In casual conversation I think most would refer to the midnight hours and dark time as Saturday.

I gotta take a break from the site. I'm starting to lose my cool. Not sure why. Too much info to keep track of I guess.

 

[heartgoesout]

Online news outlets get there money from advertising. There should be no paywall. I haven't look lately but these reports are getting a lot of hits.

With that being said, I am grateful for the reporting. Really wish I could confidently trust the days of that last report tho.

 

[MakaniKitty]

I think SC's Big Lie is going to be his whole story about his 4Runner breaking down near Keanae on the 8th and asking for Charli's help on the 9th. Apo probably knew before the trial that that story would be blown apart by witness testimonies, so his strategy might be to offer a reasonable explanation as to why SC would lie about this. He may say that SC was afraid CK would dump him if she knew he was meeting up with Charli to just talk about raising the baby, so he invented the broken down 4Runner story to make it look less intimate/friendly.

I agree with earlier discussion on this thread that Apo is going to try to paint SC as a liar, maybe even a pathological liar, as opposed to a murderer. He has few other options, as more of SC's lies continue to be revealed with each passing witness. I hope the jury can see through any such attempt.

 

[puakenikeni]

Very well said, and welcome! This sounds right to me, and something similar has gotten other accused murderers off. I had thought there was some hint that he lied to protect Charli's reputation, but maybe I misheard that.
Question that remains though, is how does Apo introduce a "true" story about how Charli and Steven met early in the evening to discuss the baby, and then she just happened to get killed by someone. Especially when he had led searches out to a place not so far from where remains were found. Was he psychic, one might ask? Or does he still say they went out Hana Highway, just not to fix the truck?

I agree that Apo knew the alibi was getting shot down. He is not allowed to make up a lie as a defense for Steven though. He can argue a story the defendant gives to him with no admission it is a lie, but Apo can't just advise Steven to come up with a new lie that fits the facts better.

Apo cannot testify for his client. Nor can he put Steven on the stand if Apo believes SC will lie about anything - suborning perjury could get Apo disbarred, no? If he argues that his client is a pathological liar, then Apo can't genuinely claim that he expects his client to tell the truth under oath, lol.

Hope you will keep contributing, MakaniKitty.

 

[MakaniKitty]

Good points, puakenikeni - and thank you for the welcome. I admit I am not well versed on legal proceedings, and it's good to get insight into this. Maybe SC regretted the broken down 4Runner story once he realized there were too many witnesses who knew better, so he devised another story that will hold more water. He's certainly had some time since February 2014 to think up something more plausible. In either case, I don't envy Apo's job of trying to make SC appear believable about anything!

And I guess if SC says they took a harmless drive along the Hana Highway to discuss the baby, it still leaves so much to be explained, such as in whose car, since hers was almost out of gas, and how did he end up with the injuries on his hands...etc. And you're right: what a coincidence he pointed out an area so close to where her remains were found.

I also wonder whether Charli would voluntarily get into a car with him at night for a drive anywhere, let alone out to the boonies towards Hana, where she would know there wouldn't be any cell phone reception or many other cars/witnesses at that time of night. Although a part of me thinks she may still have had feelings for him, and perhaps was hoping he might want to take an active role in raising their child...I don't see her being gullible enough to agree to take that much of a risk, especially since she hadn't told her family or anyone else she was meeting him. I tend to think he somehow incapacitated her before she suspected what was up, maybe even before they left Haiku.

Sent from my SM-G900V using Tapatalk

 

[Nikki Lisette]

HGO, a paywall is the same as buying the paper at a newsstand. Maui Now and Maui News have no obligation to the public to offer free online content. If this were 1984 (Olympic year *wink wink*) and you missed the news broadcast then you'd go pick up a newspaper. That paper isn't free, neither is online content.

Should I go away now? Ok I will.