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MICHAEL

E.

KRAUT

MANAGING ATTORNEY

I
.
6255

KRAUT
LAWGROUP
SUNSET BOULEVARD. CALIFORNIA 90028 TEL. 323.464.6453 FAX 323.345.5050

MICHAEL M. BREWER OF COUNSEL

SUITE 915

LOS ANGELES.

mkraut@krautlawgroup.com

April 5, 2012 Phillip L. Sanchez Chief of Police Pasadena Police Department 207 North Garfield Avenue Pasadena, CA 91101 via US MAIL and FAX (626) 744-3781 RE: Formal Complaint Against Officer Kevin Okamoto, ID No. 6250

Dear Chief Sanchez: This letter serves as an official complaint against Pasadena Police Officer (formerly Detective) Kevin Okamoto, who has committed some of the most egregious conduct of any peace officer I have ever encountered. During the course of his investigation and handling of the People v. Delossantos and Damas matter, PPD Case 0.09060537, Officer Okamoto knowingly committed several violations of the United States Constitution, the California Penal Code, the criminal law and the Policies of the Pasadena Police Department. During the pendency of the investigation and criminal prosecution of this case, Officer Okamoto knowingly and repeatedly lied to judicial officers, the Deputy District Attorney assigned to the case, and multiple defense attorneys, among other serious violations, including Massiah and Brady violations. Massiah violations are considered serious violations of a person's Constitutional right to counsel and Brady violations consist of hiding or failure to turn over to the defense evidence that is either exonerating evidence, or leads to exonerating evidence, towards guilt or punishment. My name is Michael Kraut and I was counsel for Edward Damas, one ofthe co-defendants in case number GA079201 that was recently tried in Department E of the Pasadena Courthouse. Prior to entering private practice, I was a Los Angeles County Deputy District Attorney for over 14 years, including a rotation at the Pasadena Courthouse, during which I handled numerous cases submitted by the Pasadena Police Department. In my past experiences, I have always found the Pasadena Police Department to be professional and honorable in its handling of criminal investigations. The following are just some of the violations of individuals' Constitutional rights and violations of the law: Sixth Amendment Violation of Mr. Damas During the investigation phase of this case, Officer Okamoto committed serious Massiah violations that infringed upon my client's Sixth Amendment right to counsel. Officer Okamoto interviewed

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 ..the right to a presence of an attorney before and during and questioning" (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 at this point and commented that he would never be able to talk to Mr. Damas again. 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 express purpose ..to solicit" incriminating statements from my client. Mr. Andres had been 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). 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. Sixth Amendment Violations of Mr. Andres 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.

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 guaranteed 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 of Crucial Material Evidence and Making False Statements 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 Court 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 counsel 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 personal information in his hand writing with a phone number to reach the witness along with the date and time of her interview.

Bradv Violations and Hiding of Exculpatory

tatements

Joseph Andres was not the only eyewitness that Officer Okamoto tried to hide from defense counsel. On the video of the incident, a young 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 reports and supplemental reports authored by Officer Okamoto did not make any mention of any interviews or the location of Ms. Cannon. Ms. Cannon's audio recorded interview was hidden and withheld from both the District Attorney's Office and defense counsel. For two years Officer Okamoto denied that any additional statements or interviews were conducted other than those already turned over to all parties. During trial, the night before the last witness wa to testify for the People, eight new audio recordings were turned over to the defense. At that time it was learned that two years earlier, Officer Okamoto had interviewed Ms. Cannon in February 2010. This interview was audio recorded. This statement provided exculpatory evidence for Mr. Damas. When asked in February 2010 by Officer Okamoto, Ms. Cannon unequivocally stated that "1 did not see anyone hit him" (Exhibit 3 - Cannon Transcript p. 6, line 2). Officer Okamoto willfully omitted any mention of an interview or meeting with Ms. Cannon from his reports. While testifying under oath at trial, Officer 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 additional audio recordings from a variety of witnesses had not been turned over to defense counsel, including statements made by the defendant and nearly 45 jail calls placed while in custody. Under Penal Code 1054, this material had to have been turned over within 30 days of trial. These recorded jail calls were turned over after trial had completed. The Megan Cannon interview was clearly exculpatory. It is Brady material that under Federal and state law is required to be turned over to defense counsel as soon as it is obtained. When confronted on the witness stand as to why he failed to disclose this material, Officer Okamoto unbelievably claimed that he "didn't believe it to be relevant" and that "he determines what is relevant." Most startling and disturbing, Officer Okamoto admitted that he did not turn over or even mention the Cannon interview in his reports because, "it didn't help his case." Officer Okamoto testified under oath at trial that he did not know what else he had failed to turn over to the defense. After the trial had ended the Court ordered the Pasadena Police Department to turn over all recordings associated with this ca e. Some 25 discs were subsequently provided to defense counsel, including 45 jail calls made by my client that had never been previously disclosed as mandated by law. Officer Okamoto has admitted that he was aware of those recordings but chose not to turn them over to the defense as required by law. Officer Okamoto's action during all stages of this case, from submission of the file for initial filing consideration to the District Attorney's Office until completion, was absolutely egregious. He

violated the constitutional rights of several suspects and defendants, lied to two different judicial officers, all counsel involved, and purposefully kept exculpatory evidence from being turned over as required by the law. The jurors who served on the case were outraged, and rightly so. The actions of Officer Okamoto ultimately reflect poorly on the Pasadena Police Department in the eyes of the jury who hail from the local community. I was a Deputy District Attorney over 14 years and I never witnessed such egregious conduct committed by a sworn peace officer. This case has made me question the cases I handled as a prosecutor during my assignment in Pasadena and even wonder whether some defendants I prosecuted were denied the basic tenets of a fair trial. A few exhibits have been provided with this complaint. However, the transcript of the pre-trial and discovery compliance hearings as well as the trial transcript should be reviewed. These transcripts under oath will undoubtedly provide the evidence necessary to substantiate this and other illegal activities of Officer Okamoto. Thank you for your attention to this matter. To the extent I am allowed, I am asking that I be informed of conclusions of this investigation. If I can answer any questions or be of further assistance, please do not hesitate to contact me. Sincerely,

Michael E. Kraut
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Enclosures 32 Pages Total

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MICHAEL E. KRAUT, S.B. . 167623 KRAUT LAW GROUP 6255 Sunset Boulevard, Suite 915 Los Angeles, CA 90028 TEL: 323.464.6453 FAX: 323.345.5050 Attorney for Defendant Edward Damas

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TRA SCRIPT: DAMAS INTERVIEW AT PPD (I AUDIBLE RUSTLING) Detective Okamoto: (inaudible) What's your date of birth? Edward Damas: 6/17/87. Det. Okamoto: Ok. You have a middle name? E. Damas:
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middle name.

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Det. Okamoto: Edward, right? E. Damas: Edward. Det. Okamoto: Driver's license? E. Damas: (inaudible) 609 orth Cordova Street.

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Det. Okamoto Ok well, unfortunately, based upon the situation here basically you're in custody you're in the police department, ok. But prior from me soliciting a statement from you I have to advise you of what's called your Miranda rights. E. Damas: (inaudible) Det. Okamoto: You understand that? E. Damas: (inaudible)

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Det. Okamoto: Ok you understand you have the right to remain silent? Is that yes? E. Damas: Yes. Det. Okamoto: Anything you say will be used against you in the court of law. do you understand that?

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E. Damas: Yes.
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Det. Okamoto: You have the right to a presence of an attorney before and during any questioning, do you understand that? E. Damas: Yes.

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Det: Okamoto: If you can't afford an attorney one will be appointed for you free of charge. Ok, again, unfortunately I thought you were being honest with me but my investigation doesn't reveal that. I'm not 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 say that when I first spoke with you, you know, just based upon your history and what you're trying to do and all the other stuff, you know, and again I got to fill out stuff, you know, and it appeared you were being upfront with me, but unfortunately as my investigation has gone on, I'm able to not just assume, 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 maybe 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 mean this is no joke now. You are in handcuffs, we served a search warrant at your house, there is a high probability that your freedom is probably going to be taken away from you. And, you know, this is your life not mine. You know, but again, unfortunately its gone to a level where I had to, you know, do what 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 now is the time. E. Damas: 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. Damas: I mean, I know why I'm here, because you brought me here, but I didn't do anything so 18 19 20 2:' 22

Det. Okamoto: Well, when you say - based upon our two prior conversa - well our two contacts one being at pee, the second time when its me on the phone, other than that, what is it about those two conversations that you're not being truthful about? E. Damas: othing because at the end of the video I go inside, nothing happened.

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E. Damas: I don't know whatDet. Okamoto: 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 alley. E. Damas: Yeah. Det. Okamoto: And the second time when I talked to you via telephone you told me ah I might have been in the alley about three feet.

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E. Damas: Yeah. Det. Okamoto: Well.

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E. Damas: We saw the video and I wasn'tDet. Okamoto: Well you saw a grainy video. E. Damas: Uh-huh well I don't know like exactly what the distance was or howDet. Okamoto: I understand that. I understand that. E. Damas: I don't remember being like right up in everybody's business.

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Det. Okamoto: Well, I can prove that what you're telling me isn't true. E. Damas: (inaudible). Det. Okamoto: And I'm not going to sit here and I'm not going to, I'm not going to, my job isn't to tell you what I have on you, my truth is to try to get the truth out. E. Damas: Right, right, right. Det. Okamoto: As time goes on your attorney will say, well. it is what it is, you know, so I'm just telling you where I'm coming from. E. Damas: Ok. Det. Okamoto: I don't - This case isn't about whether I crack you, crack anybody else, trust me it is I've already talked to the DA. E. Damas: Ok. Det: Okamoto: They're going to file on you. E. Damas: Ok.

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Det. Okamoto: You know, so now's the time - and again I'm not trying to tell you to tell me something different. I want you to tell me the truth if there is a - I already know based upon when you talked about the (inaudible) discrepancy in your statement. That's why you're here. E. Damas: Ok. Det. Okamoto: It's up to you whether or not you want to tell me because when twelve people, if that becomes the situation, judge you they're going to be able to prove that, I mean, it speaks for itself. So you you never hit the guy?

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PPD STATEMENT

E. Damas: I remember grabbing him and that's it.


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Det. Okamoto: Ok and what did big boy do?


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E. Damas: Grabbed him from behind. I told you the thing, like I'm - I don't know how much more I can tell you the same thing. Det. Okamoto: Ok well, now you get into the alley. and you don't see big boy put this dude on the alley? As this dude's unconscious? E. Damas: I don't. like, I remember him walking him out, telling him hey, don't come back here blah blah you're not welcome here. Det. Okamoto: At what point did you do that? E. Damas: I didn't do that. Det. Okamoto Oh he says that.

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E. Damas: Yeah. Det. Okamoto: Ok so he says - well what point wa that? E. Damas: He was already walked him, was walking him out. Det. Okamoto: Was he already in the alley?

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E. Damas: Yes.
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Det. Okamoto: Ok, so he's in the alley, do you remember how far he's out into the alley? E. Damas: I can't give you like an exact Det. Okamoto: But he was in the alley? E. Damas: He was in the alley.

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Det: Okamoto: And what is this guy doing in return? E. Damas: I wasn't paying nothing really I wasn't paying attention to him. Det. Okamoto: Ok. So how far did you - you say you grabbed his hands correct? E. Damas: Yeah. Det. Okamoto: Well when did you let him go?

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PPD STATEMENT

E. Damas: Once they started walking him out.


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Det. Okamoto: Ok. So was he in the alley?


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E. Damas: I can't I mean I don't recall like Det. Okamoto: Ok. E. Damas: If he was like he just had stepped into the alley or if he was still (inaudible) Det. Okamoto: Steven, right? ow when you mean he stepped, you mean big boy stepped, we're talking about

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E. Damas: They were walking him out. Steve was walking whoever ~O
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Det. Okamoto: Now when we say walking describe what you mean, describe how Steven was walking out the this guy. What do you mean by walking? E. Damas: Like carrying the dude and walking with him. Det. Okamoto: Ok so this guy wasn't resisting?

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Det. Okamoto: Ok, would it fair to say that he was dragging him out? E. Damas: Iwasn't really like paying attention that close cause it was like a whole like situation going on. Det. Okamoto: Ok. So you're hanging on to this guy's arms? E. Damas: (inaudible) Det. Okamoto: And never one time you see him get struck in the face by anybody. E. Damas: Maybe when him and AI were going at it.

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Det. Okamoto: That was it? E. Damas: (inaudible rustling) Det. Okamoto: Right now's the time you better remember a lot. I mean if you homeboy hitting him you better say I mean you need to be honest with yourself because E. Damas: I can't -

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PPD STATEMENT

Det: Okamoto: Ok.


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E. Damas: I mean I don't have a photographic memory. Det. Okamoto: Ok. E. Damas: And that's all I'm saying. Det. Okamoto: I understand things happen fast. Ok but he gets out into the alley and he's no more than 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. Damas: Don't. I remember already walking into the bar.

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

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


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Det. Okamoto: Ok. But you don't recall that? E. Damas: (inaudible) Det. Okamoto: So you understand that this dude's fucked up? You understand that right? E. Damas: Yeah you told me that the first time.

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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, and a laceration to the top of his head. Are you going to tell me that from him getting put in the headlock and lay face down onto the thing that's how these injuries occurred? E. Damas:
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Det. Okamoto: Ok so what 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? E. Damas: I di - I mean what's on the video shows everything.

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Det. Okamoto:

I know but the victim and the witnesses say something different.

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E. Damas: I know I talked to the - there was like orne insurance dude who had to come and talk to me and I basically told him, well not basically, the same situation. And they're going to reject whatever offer that guy's asking for. Det. Okamoto: Whats he asking for? E. Damas: I don't know, but I know that he tried to make some sort of claim or whatever. Det. Okamoto: What do you mean against you or (inaudible) Wokcano?

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E. Damas: Against whatever insurance company for the firehouse (inaudible) yeah so. Det. Okamoto: And when you're talking to your mom about this, your dad knows about this? E. Damas: I told both my mom and my dad. Det: Okamoto: That what happened? E. Damas: That you came and talked to me and the whole situation at PCC.

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Det. Okamoto: Ok, Ok, I'll just be honest with you, here's your realistic scenario, you'll be injail, you won't get arraigned until next week, because of the court holidays, which is unfortunate for you. And ultimately, I don't want you to change your story, I'm don't want you to tell me what you think I want to hear. I just want you I would like for you to tell me the truth if you're not telling me but I'll be upfront and honest with you. This isn't a murder case for me, and I don't need a confession from you, but I'm not going to sit here and waste a whole lot of time with you. What I mean by that is you get booked in the jail and you sit there for three days and you like wow, this is, this sucks, let me tell the detective, if there's things that (inaudible) leaving out. E. Damas: I mean, if you're trying to, like. scare me into saying something Det. Okamoto: No. I would 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 anybodyE. Damas: You just like said you're going to be sitting there for three days andDet. Okamoto:
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no, what I'm aying is now's the time if there is something that you're not -

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E. Damas: I mean (inaudiblw) if you're trying to, like, it feels like I'm being like kind of being scared into like Det. Okamoto: I'm not, I'm not trying to scare you.

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PPD STATEMENT

E. Damas: I mean I want to talk, I mean like you said about talking to an attorney or something like that. Det. Okamoto: Uh-huh.

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E. Damas: 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 (inaudible) E. Damas: 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 think 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. Damas: Yeah. Det. Okamoto: You do your homework, you're like oh this guy oh man this guy you know you might 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 start to say wow, oh wow, this is crazy, you know but what I'm getting at is that 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. Damas: Yeah

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Det. 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 homeboy'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 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 hope that I'm never in that scenario but if it is I got to think about myself. I got a future, I got a family, I got a house payment and because 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 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

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trying to intimidate you in any way. You will see what I'm talking about soon. Believe 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 nothing or you didn't take part in it. And that's the truth. And unfortunately as, you know, as my investigation goes you know I don't know at this point r don't even know if this was planned to beat this guy up. I don't think so but 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 doubtE. Damas: I mean there's no way that I could have a exact recount of what happened after like three or how many ever weeks it was that you talked to me. 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 me go back and we talked about this attorney thing. If you want to keep talking with me without an attorney, that's fine. If you want an attorney here pre ent, we'll stop, ok. And unfortunately the next time we probably will never talk again. The next time that if we do would be after you get appointed counsel when you go to court, you know, so I just wanted go ahead and - if you want to continue talking to me without the presence of an attorney, I'll be more than happy to sit here and listen to your side of the story. If you want an attorney we'll stop right now because you have that right. 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 hold on a second. Do you want to continue talking to me?

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Det: Okamoto: Ok. They took the other handcuffs off you, right? E. Damas: Yeah. Det. Okamoto: Hang on one second we're going to get you (inaudible).

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PASADENA poueE oePARTMENT Pasadena. California


CLASSIFICATION:

\ LOCA ION:
DA 11:: I CASE NUMBER:

PAGE

... C. 203

33 S Fair Oaks Ave .

6/29/2010

09060537-DD

ISVESTIGATION:
Prior 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 Andres was not promised anything ifhe wore the recorder, but agreed to assist in the

investigation.

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

DISPOSITION:
Case to the District Attorney's office

)l>IS;

COPIED BY:

APPROVED BY'

OFFICER/10:

. -l/c

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

KOkamoto 6250

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MICHAEL E. KRAUT, S.B. . 167623 KRAUT LAW GROUP 6255 Sunset Boulevard, Suite 915 Los Angeles, CA 90028 TEL: 323.464.6453 FAX: 323.345.5050 Attorney for Defendant Edward Damas

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MEGA
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TRANSCRIPT: CA 0 - I TERVIEW #1

Detective Okamoto: Hi can I speak to Megan, please? Megan Cannon: May I ask who's calling? Det. Okamoto: This is Detective Okamoto. M. Cannon: Oh, this is she. Det. Okamoto: Hi Megan. how are hi?

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M. Cannon: Hi. Good. Thank you. Det. Okamoto: Hey I just wanted to - I'm doing an investigation do you have about five minutes? M. Cannon: I'm sorry can you repeat that my phone's dying. Det. Okamoto: Do you have about five minutes where I can talk to you?

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M. Cannon: Yeah go ahead, ifmy phone dies just give it about four to five minutes and I'll have it plugged in so Det. Okamoto: Is there another number I can call you at home?

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M. Cannon:
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0,

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

Det. Okamoto: Ok, Ok, what was I going to say M. Cannon: If my phone dies give me a call back. Det. Okamoto: Ok. Just real quick. I'm doing an in estigation in regards to an incident that happened at Wokcano's last year. Ok and based upon the information that I, hang on, hang on one sec. I'm sorry Megan? M. Cannon: Uh-huh,

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INTERVIEW

#1

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Det. Okamoto: I forgot where I left off but basically I'm conducting an investigation that happened at Wokcano's last year, actually it was the end of - right before Thanksgiving. As I'm reviewing the tape, I'm looking at this blond haired girl and they all tell me this is Megan, now is that you? M. Cannon: Yes. Det. Okamoto: Ok are you aware, I mean do you remember what happened? M. Cannon: I spoke with Shelly the general manager who's probably the one who gave you my phone number. Det: Okamoto:
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actually she's not the one who gave me your phone number but go ahead.

M. Cannon: What? Det. Okamoto: She's not the one who gave me your number, but go ahead. M. Cannon: Oh. Whatchamacallit. I'm sorry I just woke up. Repeat the question.

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Det. Okamoto: Do you remember what happened?


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M. Cannon: As far as I know just like I told Shelly when she asked me what happened the DJ - the gentleman that had set up on the DJ booth had antagonized the actual house DJ that works for the restaurant. Det. Okamoto: Got you. Where are you at right now. are you at home?

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M. Cannon: Yes.
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Det. Okamoto: Are you on Sierra Madre? M. Cannon:


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I'm not actually.

Det. Okamoto: What's address? Can I just talk to you in person rather than - it just makes things easier for me its hard for me - I think we're cutting in and out. M. Cannon: Hold on, let me go plug my phone in. I'm sorry. I'm in between housing right now. So I stay at friend's houses most of the time. Det. Okamoto: Oh wow. M. Cannon: Give me a second. Det. Okamoto: Can I meet you somewhere? M. Cannon: What?

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Det. Okamoto: Can I meet you somewhere?


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M. Cannon: Urn .... Det. Okamoto: I can come to where you're at right now. M. Cannon: I'm not even - I'm sorry. give me one second. You caught me at a random time, I'm sorry. Det. Okamoto: I apologize. I wish Iwasn't here today but (inaudible)

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M. Cannon: Let me plug in my phone real quick and see if that helps. I'm actually at a friend's house who's in the middle of moving today. Det. Okamoto: Oh ok.

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M. Cannon: Do you mind if I ask who gave you my number then? Det. Okamoto: I'm sorry.

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M. Cannon: Do you mind if I ask who gave you my number then? Det. Okamoto: At this point I won't tell you, but I got it - it wasn't from Shelly. And I'm not trying to I'm not lying to you -

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M. Cannon: Was it from Ryan? Det. Okamoto:


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it wasn't from - Ryan won't call me back.

M. Cannon: That's weird.


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Det. Okamoto: But you got to understand, we're the police so M. Cannon: I know. Det. Okamoto: I'm going to find it eventually. M. Cannon: I already know that.

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Det. Okamoto: Ok, can you hear me? M. Cannon: Yeah. Det. Okamoto: Ok you sound a little bit better but - so there's a guy who's playing the music and then he starts to say some negative stuff to AI? M. Cannon: He's not an employee of the restaurant, he was someone who was just there-

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INTERVIEW

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Det. Okamoto: Correct.


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M. Cannon: He had started antagonizing the actual OJ who had let him up and I guess he started in a way, I guess 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 house DJ I guess had charged at him I guess but I don't think he even - I don't think much happened because he had had - all the security had separated both of them Det. Okamoto: Got you. M. Cannon: And then I guess (inaudible) they got him outside. And I don't know, you'd have to ask me a more direct question. Det. Okamoto: Ok. Let me ask you this, when you the security separated them, who are we talking about? 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.
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Det. Okamoto: Would you be able to say that he was one of the guys who was involved in the separation. M. Cannon: Yes I know he was involved in (inaudible) Det: Okamoto: Ok there was another guy there, the big guy named Steve Delossantos. M. Cannon: Yes. Det. Okamoto: Was he part of the separtation? M. Cannon: He's actually a coworker of mine. Yes was-

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Det. Okamoto: You working at Menage? M. Cannon: Yes. Det. Okamoto: Oh well. You still working at Menage? Yes. M. Cannon: Yes I am. Det. Okamoto: Ok and when you ay separation describe to me what you saw.

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M. Cannon: I knew that - this was so long ago. I know that Steve was holding the gentleman that didn't work there. And it was almost kind of just like literally just holding him down and containing him to calm him down in order to get him out the door. And then - that's really it. it was almost holding both of them down and managing to get the one who didn't work there out the door. Det. Okamoto: Ok now when you say holding him i he holding his arms is he holding his legs I mean M. Cannon: I want to say - I want to say in a choke hold but that's too embracive cuz I - it was literally just, maintain their arms. Det. Okamoto: Ok so basically he had him in a headlock? M. Cannon: Yes.

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Det. Okamoto: Ok so Steve has him in a headlock, what's Eddie doing? M. Cannon: I cannot tell you. I think from what I can - I don't even want to make a statement on that because I don't remember. Det. Okamoto:
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I just want you to tell me the truth.

M. Cannon: 0, I'm sorry it was so long ago. I'm - my biggest problem is my friend was in front of me who was taller and blocked the majority of my view. Det. Okamoto: Ok and that's Dee? M. Cannon: Who? Det. Okamoto: Is that Dee? Is that the guy with the ponytail? M. Cannon: No I don't even remember a guy with a ponytail. My friend Jason was in front - I know a lot of people there and the gentlemen are always very protective of me and my friend Jason had been in front of me to make sure no one Det. Okamoto: Yeah. M. Cannon: Which I need. And he's taller than me and he blocked the majority of my view. Det. Okamoto: Ok. So is it safe to say that ok well as he gets - so big Steve has him in a headlock, you're not too sure where Eddie's at and your view is a little obstructed because Jason is in front of you, which is - I can see that on the video. ow as they take him outside. do you see anything that goes on outside? M. Cannon: 0, as far as I knew they all came right back as soon as the guy had been thrown out. The doors were closed behind him and that was it. It was almost just -

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Det. Okamoto: Let me ask you this, did you see anybody hit this kid?
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M. Cannon: I did not see anyone hit him. Det: Okamoto: Ok, did you see AI hit him? M. Cannon: I know that AI had probably wailed - I think I told Shelly the same thing. I knew that he took a swing, but the one that I saw missed. Det. Okamoto: He missed, ok. M. Cannon: So that's it. I never saw AI actually make contact with him. Det. Okamoto: Got you. Ok what's, is Jason your boyfriend or your - just your friend.

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M. Cannon:

0 just

an acquaintance.

Det. Okamoto: Ok what's his M. Cannon: I don't even have his phone number. Det. Okamoto: Do you know his last name?

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M. Cannon:
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I don't sorry, he's really just an acquaintance.

Det. Okamoto: Do you know where he works. M. Cannon: No. Det. Okamoto: You don't know anything M. Cannon: Literally someone just from around the area that comes into my work every once in a while you know what I mean. Det. Okamoto: Got you. M. Cannon: And then we run into each other there.

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Det. Okamoto: Was there anybody else in the bar that you remember? I mean I've talked to AI, I've talked to Steven, I've talked to Eric who's the other security guard. I talked to Joseph whose AI's cousin who was helping him that day DJ. And then I've talked to this guy named Ian, a girl named Vickie. M. Cannon: Those were the - yeah - I think they were there with the gentleman who got thrown out, weren't they? Det. Okamoto: Correct, yeah. Was there anybody else in there that you remember?

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M. Cannon: 0 it was, I know that it was kind of a dead night and it was literally just all local employees that - cuz I've worked with everyone there before.
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Det. Okamoto: Ok.


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M. Cannon: Like I worked there. I found out after that he was actually the DJ at Mykobi prior. Det. Okamoto: Got you. Now after the incident happened and everybody comes back in according to the video it looks like they're like reenacting things, is that a true statement. M. Cannon: Well it was just boys being boys you know what I mean. Det. Okamoto: Uh-huh. But do you recall that? M. Cannon: When they're reenacting they were just talking about how they separated them and got them out the door. Det. Okamoto: Ok. Did you - during this reenactment was anybody talking about they're striking them, whether they're hitting them? M. Cannon: No actually for a - I told Shelly the same thing. Det. Okamoto: Who the same thing? M. Cannon: I told Shelly the same thing when she had asked me. The general manager. I actually heard Steve in particular make a statement saying I can't belie e I actually didn't even hit him. And I know these guys pretty well and they're the type - they're all guys. And they're the type to brag when they do something. And the fact that Steve would make that statement means that they really didn't hit him. Det. Okamoto: Ok. are you and Steve good friends, do you guys talk other than M. Cannon: I know him, yeah.

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Det. Okamoto: Ok and how often do you guys talk? M. Cannon: How often? I mainly see him on the weekends just during work hours, like we'll 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 probably just socialize would be the best word way. Det. Okamoto: Ok. Do you guys - other than at work do you guys communicate by phone or anything like that? M. Cannon: Yeah I guess you could say so. Det. Okamoto: Ok, you guys hang out together outside of work?

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#1

M. Cannon: Yeah, outside of work it would just be meals -like honestly all the people who work around the area hang out at Wokcanos. Det. Okamoto: Got you. Other than this day has he e er mentioned anything to you regarding this incident? M. Cannon: Det. Okamoto:
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actually its never come up. ever. He's never said -

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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?

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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?

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M. Cannon: What?
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Det: Okamoto: Were you aware that he's a drug dealer? M. Cannon: o.

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Det. Okamoto: Oh ok. Is there anything else that I should know in regards to what happened that night, I mean do you remember anything else that happened prior to, before? M. Cannon: I'm sorry, I just was in shock. Prior before like? Det. Okamoto: Like before the assault occurred? M. Cannon: Like before the assault occurred?

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Det. Okamoto: Um-hm. M. Cannon: As far as like what happened between the guys? Det. Okamoto: Um-hm. M. Cannon: I'm trying to think. I literally I don't - I feel bad not being able to give more details 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, Ijust
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M. Cannon: Iknow, Imean that's why I'm just


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Det. Okamoto: Imean if you're a witness, you're a witness and that's what it is, but
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M. Cannon: The only part I could tell you that 1 saw was how it began and I saw the guys after. Det. Okamoto: What do you mean after? M. Cannon: Like I was, I had remained in the bar so when they were doing - when you are saying they were reenacting 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 Det. Okamoto: Guy talk. M. Cannon: Yeah like, chest bumping.

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Det. Okamoto: Let me ask you this, well let me tell you this. This kid, and lets just assume at this point this kid, well he's definitely, he's got a long uphill battle, what Imean by that is he's got a lot of injuries. Now let's assume that these injuries happened right after he got thrown out that bar. Who M. Cannon: Yeah I had heard about that, something about his jaw.

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Det. Okamoto: Ok so who do you think M. Cannon: (inaudible) Det. Okamoto: Where do you think that had occurred at? M. Cannon: Honestly Ihave no idea.

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Det. Okamoto: Ok. M. Cannon: 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 thrown out but he was very intoxicated so no one knew really what happened. Det. Okamoto: Ok. alright, weIl thanks for your help. Do you - how often do you see this Jason guy? M. Cannon: 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 knows him better maybe knows where he works, he's not in trouble.

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ON INTERVIEW

#1

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M. Cannon: I'm trying to think. I don't - Did you - I'm trying to think how help or like give - No I can't think of anyone, I'm sorry I'm not a cocktail waitress or a bartender so its like - I mean like there's customers and there's actual like Det. Okamoto: Oh yeah. I understand. Cuz somebody told me - well I'm trying to think who told me now, actually AI told me that the guy he Dee and he always has a ponytail, that's the way AI described him to me. M. Cannon: Dee?

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Det. Okamoto: And when I look at the video, it looks like that's the guy who's standing next to you, but if you say its Jason, then I know its Jason. M. Cannon: I would have to - no, no, no, no - Jason doesn't have long hair.

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Det. Okamoto: Ok so we probably just have two different people now, ok well let me give you my you have a pen? M. Cannon: Yeah, hold on one second. I honestly, I'm pretty good with faces but I don't know many people with a ponytail and I don't know one named Dee. Det: Okamoto: Well that's - AI just told me that that's - you know unfortunately there's three guys in jail and I want to make sure I've got the right people in jail so now I'm starting to venture out to corroborate people's story. M. Cannon: Do you mind if I ask who, I'm assuming - it has to be three involved in the fight Det. Okamoto: Yeah, those are the three guys who are in jail. M. Cannon: Are they ok? Det. Okamoto: What do you mean by that?

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M. Cannon: I mean obviously not but - oh my god. I'm sorry. Can you hear me? Det. Okamoto: Uh-huh I hear you. M. Cannon: Are they just under investigation right now? Det. Okamoto: Well, yes and no I mean you won't see Steve for a while. To say the least. M. Cannon: Oh my god. Is his family ok?

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Det. Okamoto: Oh yeah yeah. M. Cannon: Does his - I know -like I said I spent I've had - his mom and little sister before.

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Det. Okamoto: You've had what now?


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M. Cannon: You're probably not the one to answer that. Det. Okamoto: I'm sorry. M. Cannon: 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. Det. Okamoto: Yeah. M. Cannon: Oh my god Ican't believe all this. Ok Ihave a pen. Det. Okamoto: Its 626 M. Cannon: 626

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Det. Okamoto: 744 M. Cannon: 744 Det. Okamoto: 6418 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 figure out so and so knows Jason, works with Jason whatever, please just give me a call, or whatever information you find out. M. Cannon: Uh-huh Det. Okamoto: And then also if you M. Cannon: What was your name again, I'm sorry.

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Det. Okamoto: Okamoto. O-K-A M. Cannon: O-K-A, have we met before? Det. Okamoto: I don't know. M. Cannon: Sorry. Det. Okamoto: ot that I know of.

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INTERVIEW

#1

M. Cannon:
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I meant like I meant in Menage, I'm sorry a lot of the -

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 couple of years ago. M. Cannon: Oh that wouldn't be it. A lot of the (inaudible) police officers come in. Det. Okamoto: Oh. no, no, no. I'm not part of that crowd. But if for instance you remember someone else being there that you can't think of right now. then yeah I'd be interested in talking to them because ultimately I'm just trying to get to the bottom of the truth you know. M. Cannon:
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in any way I can help I'm completely happy to.

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Det. Okamoto: 0, no, no. I appreciate that. Now other you being at Menage is there another - and I'm not here to arrest you so I'm not trying fool you but, where else can I contact you at for instance if I had to find you? M. Cannon: 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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M. Cannon: So, I either would never be, if I don't pick up it would literally be just a short call back after. Det. Okamoto: Got you. Ok.

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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. Cannon:

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? M. Cannon: That's my grandparents address.

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12

INTERVIEW

#1

Det. Okamoto: Ok.


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M. Cannon: But I'm a student and I do a bunch of different things so just moved out of my house and I'm in the middle oflike moving around Det. Okamoto: And again I'm not (inaudible).

M. Cannon: Yeah please don't.


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Det. Okamoto: 0 I wouldn't do anything like that but, you know, now that I know you're cooperative, I mean I just need to make sure that I talk to everybody and everything. M. Cannon:
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no problem, literally my cell phone is on me 2417. If I don't pick up its just a call back.

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Det. Okamoto: Perfect. M. Cannon: And I'll let you know wherever I'm at if you need to speak to me in person. Det. Okamoto: OK. I Appreciate that. M. Cannon:
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problem.

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Det. Okamoto: Ok Megan thank you very much for your help. M. Cannon: Is there anything else you need me to do like try to get a hold of anyone.

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Det. Okamoto: I just, I just -let me ask you this. when you were there and after this all unfolded did Jason say anything to you in regards to what he saw different from what you saw? M. Cannon: Uh-uh. He was literally kind of not really invested cuz he didn't know any of the people. So he wouldn't have even - he wasn't even one of the boys, kind oflike part of the reenactment or like, do you know what I mean. honestly, this is just from my personal opinion, if you were to ask him what happened, I don't even think he'd remember very well or who you were talking about by name. Det. Okamoto: Yeah yeah yeah I can under tand that. Again, my job is just to do a thorough investigation. M. Cannon: I understand. Det. Okamoto: And whether its going to help somebody or hurt somebody, my job is to get to the truth, cuz I don'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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#1

M. Cannon: Outside of the back door.


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Det: Okamoto: Oh yeah yeah yeah there's cameras, they threw him out face down, he's unconscious. M. Cannon: Ok. Det. Okamoto: So there's - you know again it probably could have been resolved in different ways but unfortunately people aren't honest with the police and you know I think in Steve's big case he -I mean it is what it is - I'm sure you'll hear all the rumors later I'm not going to be the one to tell you but you won't be seeing him for a while. M. Cannon: Oh my god. Det. Okamoto: Ok.

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M. Cannon: Yeah, I don't know. I'm sorry I was just thinking about his mother and his sister. Det. Okamoto: Ok. M. Cannon: Alright, yeah please feel free to give me a call if you need anything Det. Okamoto: Ok. I will

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M. Cannon: I'Il let Ryan know that you're trying to get ahold of him.
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Det. Okamoto: I really didn't need him. The only reason I wanted to talk to Ryan was to get to you. M. Cannon: Oh ok. Det. Okamoto: I was trying to get - I was hoping that Ryan would be able to furnish you with the number but after doing a couple searches is how I came across you. M. Cannon: Oh ok. Yeah Det. Okamoto: Thank you very much. Bye M. Cannon: You're welcome. Bye

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SMISSIO

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