board of registration galuteria transcript 1
TRANSCRIPT
DONNA N. BABA, CSR #103 (808) 671-7665
BEFORE THE BOARD OF REGISTRATION
ISLAND OF OAHU
In the Matter of ) EVIDENTIARY HEARING
)
RICHARD W. BAKER, )
)
Appellant, )
and ) VOLUME I
) (Pages 1 - 54)
BRICKWOOD M. GALUTERIA; )
ABIGAIL L. GALUTERIA; and )
GLEN TAKAHASHI, in his )
official capacity as City )
Clerk, City and County of )
Honolulu, )
)
Appellees. )
____________________________)
The above matter came on for hearing at the
Department of the Attorney General, Second Floor
Conference Room, 425 Queen Street, Honolulu, Hawaii
96813, commencing at 11:00 a.m., on Monday, November 30,
2015.
BEFORE: ALAN B. BURDICK, Chairperson
ELISE ANDERSON, Board Member
APPEARANCES:
For the Appellant: RICHARD W. BAKER
Appellant, Pro Se
206 Lumahai Place
Honolulu, Hawaii 96825
For the Appellees WILLIAM C. MCCORRISTON, ESQ.
Brickwood M. Galuteria JESSICA M. WAN, ESQ.
and Abigail L. McCorriston Miller Mukai
Galuteria: MacKinnon
P.O. Box 2800
Honolulu, Hawaii 96813
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DONNA N. BABA, CSR #103 (808) 671-7665
APPEARANCES (Continued):
For the Appellee ERNEST H. NOMURA, ESQ.
Glen Takahashi, LESLIE CHINN, ESQ.
Acting City Clerk: Deputies Corporation Counsel
Department of the Corporation
Counsel
530 S. King Street, Room 110
Honolulu, Hawaii 96813
Also Present: VALRI KUNIMOTO,
Deputy Attorney General
GALEN FOX
BRICKWOOD GALUTERIA
GLEN TAKAHASHI
MARGARET BAKER
RICHARD WADA
WINTEHN PARK
KIMBERLY RIBELLIA
Reported by: Donna N. Baba, CSR #103
Certified Shorthand Reporter
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DONNA N. BABA, CSR #103 (808) 671-7665
I N D E X
PAGE:
WITNESSES:
FOR THE APPELLANT:
LOUISE BLACK
Direct Examination by Mr. Baker 7
Cross-Examination by Mr. McCorriston 21
Redirect Examination by Mr. Baker 28
Recross-Examination by Mr. McCorriston 32
EVA GALLEGOS
Direct Examination by Mr. Baker 34
Cross-Examination by Mr. McCorriston 39
MATTHEW JOHNSON
Direct Examination by Mr. Baker 45
Cross-Examination by Mr. McCorriston 46
E X H I B I T S
FOR IDENTIFICATION IN EVIDENCE
APPELLEES' EXHIBITS:
Exhibit A to E 53
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P R O C E E D I N G S
CHAIRPERSON BURDICK: Let's make formal
appearances then. Mr. Baker? Richard Baker.
MR. BAKER: I'm going to make a formal
appearance, yes.
MR. McCORRISTON: William McCorriston and
Jessica Wan for Senator Galuteria, who is present.
CHAIRPERSON BURDICK: All right.
MR. NOMURA: Ernest Nomura and Leslie Chinn,
Deputies Corporation Counsel, City and County of
Honolulu, for the City Clerk. Mr. Takahashi is also
present.
CHAIRPERSON BURDICK: Okay.
MR. BAKER: Galen Fox is also present.
CHAIRPERSON BURDICK: Yes, I understand.
That's an initial housekeeping matter that we're going
to address right now. The Board has conferred with
counsel and it's our decision that Mr. Fox is welcome to
be present to assist you, Mr. Baker, but he may not
represent you.
MR. FOX: That's fine.
CHAIRPERSON BURDICK: And we'll proceed on
that basis. If it becomes necessary to parse the
meanings of assist and represent, we'll deal with it as
we need to as we go along.
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As I mentioned when I thought we were already
on the record, we're going to proceed, it's a little
bit after 11:00 now, we'll proceed to 12:30. If we are
not done by 12:30 we'll have to reconvene either
tomorrow or another day and we'll have to deal with
that.
The other housekeeping matter, well, more
than a housekeeping matter, is that the witness
exclusion rule, Rule 618 of the Rules of Evidence, is
in effect. No nonparty witnesses should be present in
the room until they are called to testify.
It is our inclination, unless there is an
articulated objection, that the exhibits will be
accepted in terms of authenticity, but not as to
relevance and weight. Those objections may be made as
the parties wish as we proceed.
We'll now go forward, Mr. Baker. Parties
will make opening statements. I'm going to refer to
HAR, Hawaii Administrative Rule number -- what is our
rule number here -- 3-172-43 that covers these
proceedings, and we will use that as our roadmap.
So opening statement from the Appellant.
MR. McCORRISTON: Mr. Chairman, may I make
suggestion?
CHAIRPERSON BURDICK: Sure.
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MR. MCCORRISTON: Because time is short today
for everyone, pursuant to the Board's earlier orders all
parties have submitted written statements summarizing
their case, so I think this case, in particular,
probably doesn't need opening statements because they've
already been made in writing. And it probably would
save everybody a lot of time if we just went to the
evidence, and then we can have an opportunity to
summarize in a closing statement.
CHAIRPERSON BURDICK: Right. Mr. Baker, are
you comfortable with that?
MR. BAKER: Well, except for the fact that I
don't know what is in the appellees' evidence that has
just been handed out to everyone except us.
CHAIRPERSON BURDICK: You didn't get it last
week?
MR. FOX: We got it in advance.
MR. BAKER: I didn't. You did?
MR. FOX: Yeah.
MR. BAKER: Belay that, I guess we did.
CHAIRPERSON BURDICK: All right, then we'll
proceed. Mr. Baker, then do you have witnesses that you
want to put on in this proceeding?
MR. BAKER: Yes, our first witness is Louise
Black.
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(Witness is brought into the room.)
CHAIRPERSON BURDICK: Would you state your
name, please.
THE WITNESS: Louise Black.
CHAIRPERSON BURDICK: Would you raise your
right hand.
Whereupon,
LOUISE BLACK,
called as a witness on behalf of the Appellant,
being first duly sworn by the Chairperson, was examined
and testified as follows:
CHAIRPERSON BURDICK: Your witness.
MR. BAKER: Thank you, Chair.
DIRECT EXAMINATION
BY MR. BAKER:
Q. Louise, do you have Brickwood Galuteria's Palolo
home exemption request which his signature on it, that
is, I believe, our Exhibit 1.
A. Yes, I do.
Q. Could you read the statement at the bottom of
that form?
MR. McCORRISTON: Objection. The documents
speak for themselves. This witness had nothing to do
with the preparation or recordation of the document.
CHAIRPERSON BURDICK: I'm going to -- first of
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all, I don't see the document. Which document is this?
MR. McCORRISTON: Their Exhibit 1.
CHAIRPERSON BURDICK: Their Exhibit 1.
Mr. Baker, could we have a couple of
introductory questions to identify who this witness is
and what her role is?
MR. BAKER: Sure.
Q. (By Mr. Baker) Louise, would you explain where
you live and how you came to be involved in this case.
A. I'm a resident of Royal Capitol Plaza.
MR. McCORRISTON: I'm sorry, you're going to
have to keep your voice up. I know when you turn your
head --
THE WITNESS: Oh, okay.
MR. MCCORRISTON: -- to speak to the Chairman,
so even more important to keep your voice up so we all
can hear. Thank you.
THE WITNESS: I'm a resident of Royal Capitol
Plaza. Lived there almost 18 years now.
CHAIRPERSON BURDICK: Go ahead, Mr. Baker.
Q. (By Mr. Baker) And what brought you to be
involved in this matter?
A. Well, the question is whether Mr. Galuteria lives
in our building, since he is a representative of our
district, so I thought it would be my responsibility to
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DONNA N. BABA, CSR #103 (808) 671-7665
come forward and give my opinion on the matter.
CHAIRPERSON BURDICK: Go ahead.
MR. BAKER: Is that sufficient introductory
questions?
CHAIRPERSON BURDICK: Well, I mean are you
asking her to testify with regard to Exhibit 1?
MR. BAKER: Yes.
CHAIRPERSON BURDICK: What is her
qualification with respect to Exhibit 1?
MR. BAKER: Well, with regard to Exhibit 1,
other than like everybody else in this room, she has
seen a copy, which is an official City or State
document.
CHAIRPERSON BURDICK: Yes, I mean I can see
your Exhibit 1 is something from the City and County of
Honolulu Real Property Assessment Division, claim for
home exemption, but I don't see anything in what
Ms. Black has already testified to that she is in any
way an expert with regard to this piece of paper.
MR. BAKER: Well, Mr. Chair, would you prefer
if I read the certification at the bottom of that
statement?
CHAIRPERSON BURDICK: No. As Mr. McCorriston
says, it speaks for itself, it's here. It's an exhibit.
We don't need to go through and interpret it. If
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Ms. Black has some particular understanding of this
document as an exemption, that would be nice. But if
it's simply to say that she doesn't believe it or
whatever, then fine, but that's not really relevant
to -- you know, we could conduct a public opinion
survey. That's not helpful.
MR. BAKER: Okay, Mr. Burdick, let me consult
with my colleague for a moment.
(Off-the-record session.)
MR. FOX: So this is a pro se operation, I'm
really sorry. We're trying to introduce this material
into evidence, and I believe you just told us it's
already in evidence.
CHAIRPERSON BURDICK: Yes, that's right.
MR. MCCORRISTON: I think what the Chairman's
said, he'll consider the foundation laid and the
authenticity of the documents.
CHAIRPERSON BURDICK: That is correct.
MR. MCCORRISTON: And reserve all rulings on
relevance and other objections for a later time.
CHAIRPERSON BURDICK: That is correct.
MR. FOX: So we can't ask her about her
familiarity with these documents which she is familiar
with?
MR. McCORRISTON: That's totally objectionable
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DONNA N. BABA, CSR #103 (808) 671-7665
and irrelevant.
CHAIRPERSON BURDICK: I don't -- you haven't
laid any foundation that she works for the City or that,
you know, she has some expertise in real property
assessment issues or exemption issues. It's just a
person's opinion, and that's not helpful.
MR. FOX: Okay.
CHAIRPERSON BURDICK: I mean we have it, we
can read it. And Mr. Baker, and Mr. McCorriston, and
Mr. Nomura, other counsel are free to argue at some
point as to the importance, the relevance, the accuracy,
et cetera, of this document, but we don't need to have a
witness reading it.
Q. (By Mr. Baker) Okay. Let me go just to one more
point on our form. Do you stand behind your affidavit
submitted on May 2nd of this year? That's Exhibit 11 in
our packet.
A. Yes, I do.
Q. How long have you lived at Royal Capitol Plaza,
if you could just repeat for the benefit of the --
A. So this statement says 17 years, but it's going
on 18 now.
Q. Time marches on. Please describe for us how and
when you have seen Brickwood Galuteria at Royal Capitol
Plaza.
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MR. McCORRISTON: May I object. This has
already been testified to in the declaration, and we're
just going over it.
CHAIRPERSON BURDICK: Yes.
MR. MCCORRISTON: She's already said in the
declaration how long she's lived there, when she's seen
Mr. Galuteria. She just answered Mr. Baker she stands
by her declaration.
CHAIRPERSON BURDICK: Right.
MR. MCCORRISTON: I don't know why we're going
over this again.
CHAIRPERSON BURDICK: Yes. Mr. Baker, if you
have -- you want her to elaborate on something that's
not here, fine. But otherwise, as Mr. McCorriston says,
you know, we can read it.
Q. (By Mr. Baker) Well, Mr. Chair, since I don't
have any response to these questions before me, I would
like to know -- to ask Louise if she has any partisan
reason to oppose Brickwood's Galuteria holding office as
a State senator.
A. No partisan reason. I'm not a registered
Democrat or Republican.
Q. Thank you. Now, how do you respond to the
Galuteria's claim under oath that they had continuously
resided at Brickwood Galuteria's mother's one bedroom,
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one bathroom, one closet, 548 square foot unit since
June 2011?
MR. McCORRISTON: I object. It's not limited
to personal knowledge. I don't think her opinion on
anything is relevant. If she has personal knowledge
about events or things, such as put in her declaration,
that's fine. But beyond that, her generalized opinion
is irrelevant.
CHAIRPERSON BURDICK: Objection is sustained.
To the extent you can answer that question
from Mr. Baker on the basis of your own personal
knowledge, your own personal observations, you can go
ahead and answer the question.
THE WITNESS: Well, I lived in a one bedroom
in Royal Capitol Plaza. I'm in a two bedroom now. But
it's very cozy, smaller space. When you're in the
kitchen, only one person can be in the kitchen at the
same time. There's one small bathroom. So small living
room and a bedroom.
Q. (By Mr. Baker) Okay. Louise, you know Juliette
Galuteria, correct?
A. Yes, I do, from --
CHAIRPERSON BURDICK: I'm sorry, "Yes, I do,"
and what --
THE WITNESS: Oh. I do know her from running
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into her in the condo, in the lobby, the mailroom, the
elevators.
Q. (By Mr. Baker) Have you ever seen her needing
help?
A. No, I haven't.
Q. Next, you are familiar with the condo rules?
A. Yes.
Q. Including Section 2 on ownership, rentals and
guests. That's our Exhibit 15.
CHAIRPERSON BURDICK: Sixteen, one-six?
MR. BAKER: 15, one-five.
Q. Could you read points 1 and 5 under these rules?
MR. McCORRISTON: Same objection. I mean
these have been admitted already into evidence. Having
her read it is redundant and not worth anything.
CHAIRPERSON BURDICK: Right. Proceed to your
next question, Mr. Baker. We'll operate on the
assumption that Ms. Black is aware of these rules and
they're clearly laid out in front of her. What's your
next question, sir?
MR. FOX: Ask her about the familiarity of
residents with the rules and the procedures that are
explained there.
Isn't that a relevant thing to ask her about,
how the residents there --
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MR. McCORRISTON: Your Honor --
MR. FOX: -- comply with the rules?
MR. McCORRISTON: Mr. Chairman --
MR. FOX: Don't we want to understand --
MR. MCCORRISTON: Asking the Board --
MR. FOX: Are you interrupting me?
CHAIRPERSON BURDICK: Mr. Fox, please, you're
not counsel here. Mr. McCorriston, go ahead.
MR. FOX: I'm sorry.
MR. McCORRISTON: Having a party asking the
Board how to ask a question and conduct their case is
improper. This body is neutral.
CHAIRPERSON BURDICK: Fine, exactly. Right.
MR. FOX: Well, we're being instructed how to
do it.
CHAIRPERSON BURDICK: Mr. Baker, do you have a
question to Ms. Black with respect to Exhibit 15?
Q. (By Mr. Baker) I would ask you to read points 1
and 5 under these rules, and I would ask if it is your
understanding that these rules regarding tenants are
observed in practice.
MR. McCORRISTON: Same objection.
CHAIRPERSON BURDICK: Mr. Baker, are you
referring to, when you say number 5, are you referring
to the number 5 which is the third paragraph on the
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page, 157, or the number 5 at the bottom of the page?
MR. BAKER: Since I don't have the same
document you have --
MR. FOX: You should have it.
CHAIRPERSON BURDICK: The second number 5
relates to parking. The first number 5 is part of the
Section 2 relating to ownership, rentals and guests. In
other words, the first number 5 says guests staying
longer than three days must register, et cetera.
MR. BAKER: Yes. And fifth one says that they
shall update their name, information, and their vehicle
model with the Association, correct?
BOARD MEMBER ANDERSON: That's number 7.
CHAIRPERSON BURDICK: Well, which one --
MR. BAKER: That's what point 5 says.
CHAIRPERSON BURDICK: They're both numbered 5.
BOARD MEMBER ANDERSON: That's number 7 on
ours.
MR. BAKER: It's the first number 5.
CHAIRPERSON BURDICK: All right, then now
you're referring to 7.
MR. BAKER: No. First number 5 is that they
must register with --
CHAIRPERSON BURDICK: Right.
MR. BAKER: -- the resident manager or
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operations.
CHAIRPERSON BURDICK: Yes, but you then
started speaking about updating names and so on, and
that's number 7 as I read it here.
MR. BAKER: I don't believe I was talking
about the updating provision, which is in paragraph 7.
I believe I was talking about the provision in paragraph
5 that guests staying longer than three days must
register.
CHAIRPERSON BURDICK: All right. So what is
your question, sir?
Q. (By Mr. Baker) All right. Louise, you have
looked at the exhibits that the Galuterias have provided
the clerk. Are you surprised that neither Brickwood nor
Abigail seem to have filed the required notice with the
condo's resident manager during 2011 to 2014 when they
claimed they were residents of his mother's condominium?
MR. McCORRISTON: Objection. Assumes a state
of facts not in evidence, not provided in any of the
exhibits. She's not qualified to be the resident
manager. No foundation that she is the resident
manager. No foundation as to what the resident manager
has in files. And I could go on and on.
CHAIRPERSON BURDICK: Sure.
MR. MCCORRISTON: It's an improper question.
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CHAIRPERSON BURDICK: Your objection is
sustained on all grounds so stated.
Mr. Baker, if you're contending that Senator
Galuteria and/or his wife failed to comply with one or
another of these paragraphs laid out in Exhibit 15,
you're going to have to do that on something other than
Ms. Black's reaction to something that is not in
evidence.
You have to show that they failed to
register. You have to have the manager or somebody say
they didn't register, and you have to show that they
were obliged to register. And whether or not Ms. Black
is surprised is really not relevant.
MR. BAKER: Okay, Mr. Chair. Are we allowed
to request that the Board subpoena the registered
manager to come to a meeting and address these issues?
CHAIRPERSON BURDICK: That was your
responsibility to assemble your witnesses to this
hearing.
MR. BAKER: So, in other words, your foot is
stuck in the door and it's going to stay there come hell
or high water.
CHAIRPERSON BURDICK: I'm not following your
analogy.
MR. BAKER: Forget it.
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CHAIRPERSON BURDICK: As a party to these
proceedings you have the authority to ask for subpoenas
of witnesses in a timely manner, but today's the day of
the hearing. We don't issue subpoenas afterward.
MR. BAKER: So you're saying it's too late,
that's what I heard.
CHAIRPERSON BURDICK: Yes. I mean is the
manager on your witness list?
MR. BAKER: No, because we thought that people
like Mrs. Black could testify to the same substance.
You are now not allowing her to testify to that
substance.
CHAIRPERSON BURDICK: No. We're simply
saying --
MR. BAKER: So we are saying we could call
somebody who is an expert.
CHAIRPERSON BURDICK: Yes. Well, you could
have and you should have is, what I'm saying. Not
necessarily an expert, but a percipient witness.
If your contention, your underlying
contention is that Senator Galuteria or his wife, or
both of them, had some obligation to register under
Section 2, paragraph 1, or as guests under Section 2,
paragraph 5, for example, then you have to show that
they failed to do so, and that would require a manager
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DONNA N. BABA, CSR #103 (808) 671-7665
or assistant manager or somebody to say it is, in fact,
correct that they did not register.
You can't have a co-tenant or co-resident
testify to these things, you need somebody with actual
percipient knowledge.
MR. FOX: And we could have asked you to
subpoena and you would have subpoenaed? Oh, my gosh.
CHAIRPERSON BURDICK: Yes.
MR. FOX: Shall we go? Wow.
MR. BAKER: I would conclude that we were not
given explanatory information as to what we were allowed
to do.
MR. FOX: No, I would not blame the Board.
CHAIRPERSON BURDICK: As judges have said in
other contexts, you know, this isn't law school. You
know, you could have asked, among other things.
MR. FOX: No. Let's just keep going.
MR. BAKER: Okay. Louise, I have no more
questions for you.
CHAIRPERSON BURDICK: Okay. Mr. McCorriston,
do you have any cross? Do you have questions?
MR. McCORRISTON: Yes, I do.
CHAIRPERSON BURDICK: Go ahead.
MR. McCORRISTON: May I proceed?
//
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DONNA N. BABA, CSR #103 (808) 671-7665
CROSS-EXAMINATION
BY MR. MCCORRISTON:
Q. You stated that you are a resident of the Royal
Capitol Place; is that correct?
A. Yes.
Q. And you have been so between 17 and 18 years?
A. Yes.
Q. What is your unit number?
A. 3504.
Q. 35 --
A. -- zero-four.
Q. Zero-four. And do you know what unit number the
Galuterias live in?
A. I know from looking at the exhibits.
Q. But you had no personal knowledge without looking
at the exhibits?
A. Correct.
Q. You're a not social friend of the Galuterias?
A. No. Just --
Q. You have occasion to be on the 24th floor on a
regular basis?
A. Not on a regular basis.
Q. Do you know Mr. Brickwood Galuteria?
A. I know him because he's a very popular
entertainer, and I've seen him before at events and --
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DONNA N. BABA, CSR #103 (808) 671-7665
community events and --
Q. In fact, you've seen him at the Royal Capitol
Place, have you not?
A. Yes. So I recognized him right away.
Q. And, in fact, you knew that his mother lived at
Royal Capital Place, correct?
A. (Witness nods head.)
Q. You're shaking your head, meaning yes?
A. Yes.
Q. Is it Royal Capitol Plaza?
A. Capitol Plaza.
Q. Can I just say RCP --
A. Yes.
Q. -- for the purposes of this proceeding?
Okay. So you have seen -- you know who
Mr. Galuteria is and you have seen him at RCP, have you
not?
A. Yes.
Q. But you've never been to the 24th floor to the
Galuteria unit; is that correct?
A. Correct.
Q. You've never gone inside to visit with
Mrs. Galuteria?
A. No.
Q. True? You've never gone inside to see whose
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DONNA N. BABA, CSR #103 (808) 671-7665
clothes are inside the unit, correct?
A. No.
Q. And you do admit that you have seen him in the
building, though, right?
A. Yes.
Q. And you have no personal knowledge whether he
lives there or not?
A. Personally, no.
Q. Do you know if he parks his car at the RCP?
A. No, I don't.
Q. Do you know where his parking lot is in the RCP?
A. Other than -- no.
Q. No, from your personal knowledge.
A. No, I don't.
Q. Do you know Lehua Galuteria, Mr. Brickwood
Galuteria's wife?
A. No.
Q. Have you seen her?
A. I've never seen her in the building.
Q. How do you know, because you don't know what she
looks like?
A. I've seen a picture in this exhibit, so ...
Q. So from a picture you're saying you've never seen
Lehua Galuteria. Do you have personal knowledge that
she's never been to the unit on the 24th floor?
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DONNA N. BABA, CSR #103 (808) 671-7665
A. No, I don't.
Q. Do you know how many times she's been to the unit
on the 24th floor?
A. No, I don't.
Q. Do you monitor the people who come to the 24th
floor?
A. No, I don't.
Q. So would you agree that Mr. Galuteria would be a
better person than you to describe how many times he
comes to the 24th floor, and whether or not he stays
there?
A. Well, I would have to agree.
Q. You say in the second paragraph of your
declaration that you saw Mr. Galuteria exiting the lobby
elevator or in the condo lobby area believing he -- in
the evening, and that he's appeared to be out of his --
on his way out of the building. Do you see that?
A. Right. That's when I ran into him the several
times.
Q. You don't know why he was there at the building,
RCP, correct?
A. I assumed he was visiting his --
Q. I don't want you to assume.
A. Oh.
Q. Do you know why? Do you know why he was there?
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DONNA N. BABA, CSR #103 (808) 671-7665
A. Well, I --
Q. Do you have personal knowledge as to why he was
there?
A. I guess no.
Q. Do you have personal knowledge what he did in the
apartment unit that day?
A. No.
MR. McCORRISTON: Mr. Baker, you can't whisper
answers to her. I appreciate your trying to help, but
that's not allowed.
MR. BAKER: Mr. McCorriston, I believe she was
having trouble digesting the terms and the intent of
your question. I thought it might save time if she has
suggestions to answer.
MR. McCORRISTON: I appreciate your offer to
help, but let's let the witness testify by herself, all
right?
MR. BAKER: However long that takes.
MR. McCORRISTON: However long that takes.
MR. BAKER: Sure.
Q. (By Mr. Mccorriston) So you don't know why he
was there that day, you don't know why he was leaving.
Do you know if he was going back up to the Legislature
as he exited the building?
A. No, I don't know.
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Q. So you have no idea what he was doing there, you
have no idea where he was going. All you have is
perhaps personal assumptions, correct?
A. Correct.
Q. How did you come to make this declaration in this
case, Ms. Black? Who asked you to make this
declaration?
A. Mr. Baker asked if I would be willing to make a
declaration of whether I thought Mr. Galuteria lived in
the building or not.
Q. Your opinion as to whether he lived in the
building?
A. Right.
Q. How do you know Mr. Baker?
A. It's -- he was the campaign manager for Chris
Lethem.
Q. He doesn't live in RCP, does he?
A. No, he doesn't.
Q. Have you ever seen him at RCP?
A. No.
Q. So Mr. Baker's not a resident, he has nothing to
do, to your knowledge, with the operation of RCP; is
that correct?
A. Correct.
Q. So all you know Mr. Baker is not through any
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DONNA N. BABA, CSR #103 (808) 671-7665
residency at RCP, but through some political campaign;
is that correct?
A. Correct.
Q. And the political campaign that you know
Mr. Baker through involved what candidate?
A. Chris Lethem, running for senator for the
district.
Q. And who was Mr. Lethem's opponent for that seat?
A. Mr. Galuteria.
Q. And you supported Mr. Lethem?
A. Right.
Q. Against Mr. Galuteria?
A. Right.
Q. And you believe you're objective?
A. Because I believe --
Q. Yes or no, you believe you're objective?
A. Yes.
Q. And did Mr. Baker, knowing you were a supporter
of Mr. Galuteria's political opponent, ask you to
participate in this case?
A. Would you repeat that?
Q. Yes.
MR. FOX: He means Lethem.
Q. (By Mr. Mccorriston) I'm sorry. Mr. Baker,
knowing that you were a political supporter of
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Mr. Galuteria's opponent, ask you then to participate in
this case by submitting a declaration?
A. I don't think that was the only reason. I
think --
Q. I'm not asking his reason, but he knew you were a
political supporter of Mr. Galuteria's opponent,
correct?
A. He did.
Q. And he, knowing that, asked you to participate in
this case by submitting a declaration, correct?
A. Knowing that, and also that I would be willing to
make a statement.
MR. McCORRISTON: Thank you, Mr. Chairman.
That's all I have for Ms. Black.
MR. NOMURA: No questions.
MR. BAKER: May I make a comment here?
MR. McCORRISTON: I object to comments in
front of the witness.
CHAIRPERSON BURDICK: Mr. Baker, you can't
make comments, but if you have any redirect questions,
you can go ahead and ask Ms. Black.
MR. BAKER: Okay.
REDIRECT EXAMINATION
BY MR. BAKER:
Q. Did I specifically ask you to make this
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DONNA N. BABA, CSR #103 (808) 671-7665
statement, or might that have been done by someone else
involved in the organizational affairs of RCP?
A. I can't think of anyone else.
Q. And how many times would you say that you and I
had discussed this candidacy?
A. Well, we would go to meetings while we were
campaigning.
MR. BAKER: Well, I think, Mr. Chair,
Ms. Black --
MR. McCORRISTON: Comments in front of
witness, I object.
CHAIRPERSON BURDICK: Mr. Baker, yes, you
can't just go ahead and --
MR. McCORRISTON: If the witness is excused,
then I don't mind.
CHAIRPERSON BURDICK: Yes.
MR. BAKER: Forget it.
CHAIRPERSON BURDICK: Did you have any further
questions for the witness at this point?
MR. FOX: Do you want me to ask some
questions?
CHAIRPERSON BURDICK: I can't hear, I'm sorry.
MR. FOX: Is it okay if I ask some questions
on his behalf?
CHAIRPERSON BURDICK: No, it's not okay. You
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DONNA N. BABA, CSR #103 (808) 671-7665
can talk to Mr. Baker for a reasonable period of time,
and then if Mr. Baker wants to ask a question, that's
fine.
MR. FOX: Wow.
(Off-the-record discussion between Mr. Baker
and Mr. Fox).
Q. (By Mr. Baker) Louise, you acknowledge how you
been involved in Lethem's campaign, and you obviously
have contact with people at the RCP.
A. Yes.
Q. Is it your feeling, based on those contacts, I
mean is it from those contacts that you would have drawn
the conclusion that Mr. Galuteria is not an appropriate
or effective representative, at least for that building?
MR. McCORRISTON: Let me object to the form of
the question. It's asked for feelings and opinion, and
she's a fact witness. She's already stated her factual
basis for what her testimony is. I object to that
question.
CHAIRPERSON BURDICK: Objection sustained.
Whether or not Senator Galuteria is an appropriate
representative is outside the scope of what we're trying
to do in these proceedings.
MR. BAKER: He at least claims that he's a
resident of this building, and I was asking Louise if
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DONNA N. BABA, CSR #103 (808) 671-7665
the general opinion in the building as conveyed to her
by other residents at group meetings and such is that he
does not live there.
MR. McCORRISTON: Well, that is highly
objectionable. He's asking for hearsay, upon hearsay,
upon hearsay, triple hearsay in that question. There's
no foundation of personal knowledge. She could testify
to her personal knowledge, as she supposedly has, but
asking her to repeat hearsay or gossip, or whatever,
from people in the building is -- lacks foundation and
is irrelevant.
CHAIRPERSON BURDICK: Sustained.
Q. (By Mr. Baker) How many entrances and exits does
Royal Capitol Plaza have?
A. We have five floors of parking, entrance and
exit, and two doors in the front of the building, three
elevators.
Q. And do each of those parking level entrances,
exit and enter separately from the street?
A. The parking level enters from the parking, not
from the street. The doors from the street are just the
two main doors on the bottom in the lobby area.
Q. Okay. So if one were to make one's way in and
out of Royal Capitol Plaza, you would either have to
come in person through the two doors on the ground
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DONNA N. BABA, CSR #103 (808) 671-7665
floor, or you would have to come in a vehicle that
passed whatever kind of entrance arrangement exists?
A. Right. We have secured parking.
Q. All right, it is secured parking.
A. We have fob keys that allow us to go in, to drive
our vehicles in.
Q. If you don't have a fob key you can't drive in?
A. Right. Then you would park in guest parking.
Q. Based on these limited opportunities, entrance
and exit and such, would you say that you had a
reasonable idea of the people who inhabit Royal Capitol
Plaza, or are most of these people blank faces to you?
A. I see a lot of people periodically who live in
the building just coming and going, elevator, lobby,
mailroom, security guard operations.
Q. So you believe that you have a pretty good sense
of who's in the building?
A. Yes.
MR. BAKER: That's it, Chair.
MR. McCORRISTON: One follow-up.
RECROSS-EXAMINATION
BY MR. MCCORRISTON:
Q. So you can go into the elevators at RCP from the
parking lot, correct?
A. Correct.
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DONNA N. BABA, CSR #103 (808) 671-7665
Q. Do you park on the same floor as Mr. Galuteria?
A. No, I don't.
Q. So if Mr. Galuteria has a parking pass and goes
into the parking lot, he can go into the elevators
directly from the parking lot without passing through
the lobby, correct?
A. Correct.
MR. McCORRISTON: Thank you.
CHAIRPERSON BURDICK: Mr. Nomura?
MR. NOMURA: No questions.
CHAIRPERSON BURDICK: Further redirect,
Mr. Baker?
MR. BAKER: No.
CHAIRPERSON BURDICK: Okay. Ms. Black, you're
excused. Thank you very much.
(Witness excused.)
MS. KUNIMOTO: Who's your next witness,
Mr. Baker?
MR. BAKER: We would call Eva Gallegos.
MS. KUNIMOTO: Okay.
(Off-the-record session.)
CHAIRPERSON BURDICK: Would you raise your
hand.
Whereupon,
//
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DONNA N. BABA, CSR #103 (808) 671-7665
EVA GALLEGOS,
called as a witness on behalf of the Appellant,
being first duly sworn, was examined and testified as
follows:
CHAIRPERSON BURDICK: Go ahead. Just state
your name, formal.
THE WITNESS: Eva Gallegos.
CHAIRPERSON BURDICK: Go ahead, Mr. Baker.
DIRECT EXAMINATION
BY MR. BAKER:
Q. And Eva, you submitted a statement, an affidavit
on the 4th of May, and I just want to confirm that you
stand by the statements you made in that deposition.
A. Yes, I wrote that deposition, or affidavit.
Q. How long have you lived at Royal Capitol Plaza?
A. To date, nine years.
Q. Could you describe when and how you have seen
Brickwood Galuteria at Royal Capitol Plaza?
CHAIRPERSON BURDICK: Excuse me, Mr. Baker,
she's already confirmed this affidavit. Do you want to
ask her to -- are you asking her to ask for more beyond
what's here, or just restate what's in Exhibit 13? We
don't want her restating if she's already restated it.
We need to move on.
MR. BAKER: I think she stated that in the
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DONNA N. BABA, CSR #103 (808) 671-7665
deposition. Did you not?
THE WITNESS: Yes.
MR. BAKER: Okay. We can move on.
Q. (By Mr. Baker) Eva, I'm going to ask you if you
have seen this document, which is --
CHAIRPERSON BURDICK: What document are you
referring to, sir?
MR. BAKER: Galuteria's Exhibit A, submitted
by Galuteria's counsel.
CHAIRPERSON BURDICK: And would you describe
it very briefly for the record.
MR. BAKER: Appears a diagnosis with various
conditions from which Juliette Galuteria suffers.
CHAIRPERSON BURDICK: This is a letter from
Cecily Ling on Kaiser Permanente letterhead.
MR. McCORRISTON: Dated 10/22/2005, which is
Exhibit A to our exhibit list.
CHAIRPERSON BURDICK: 2015, not 2005.
MR. McCORRISTON: 2015.
CHAIRPERSON BURDICK: Yes. So could you
restate the question, please, Mr. Baker.
Q. (By Mr. Baker) Yes. Does this letter say
anything about the seriousness of Ms. Galuteria's
symptoms?
MR. MCCORRISTON: Objection.
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DONNA N. BABA, CSR #103 (808) 671-7665
CHAIRPERSON BURDICK: Objection sustained.
MR. MCCORRISTON: You're asking this witness
for an opinion on a letter she didn't write.
CHAIRPERSON BURDICK: Yes. Mr. Baker, you
have to move --
MR. BAKER: Well, the letter either offers an
opinion or it doesn't. That's a yes or no question.
CHAIRPERSON BURDICK: Well, yes, but we can
all see it. Ms. Gallegos apparently is a registered
nurse and she could have opinions on this, but that's
really not what we're here for.
Maybe if you had Dr. Ling here you'd be able
to do something like that, but you cannot do this
through a nurse, to second-guess what the doctor has
said in a very brief summary letter.
Q. (By Mr. Baker) Okay. Eva, I need Exhibit 20.
Eva, this is a diagram of the floor plan of a 2408-type
apartment at Royal Capitol Plaza.
CHAIRPERSON BURDICK: Mr. Baker, can you
identify, is it an exhibit number, one of your exhibits?
MR. BAKER: It is out exhibit --
MR. McCORRISTON: It's Galuteria Exhibit B,
Mr. Chairman.
CHAIRPERSON BURDICK: Galuteria Exhibit B.
MR. McCORRISTON: Excuse me, their Exhibit 20,
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DONNA N. BABA, CSR #103 (808) 671-7665
correct.
CHAIRPERSON BURDICK: Oh, Mr. Baker's
Exhibit 20, two-zero.
MR. BAKER: Yes.
Q. (By Mr. Baker) My question would be, you're
presumably aware of the single bedroom, single bathroom,
single closet where the Galuteria's have claimed to
lived continuously since 2011. From your experience
living in the same-sized unit, does that kind of living
arrangement seem possible?
MR. McCORRISTON: Objection. That calls for a
conclusion, without any foundation of expertise. She's
been identified as a layperson. If she wants to
describe the unit, I have no problem with that, but
giving opinions --
CHAIRPERSON BURDICK: I'll let it in,
subject -- without expressing opinion as to the weight
of the response. Go ahead, you can respond.
THE WITNESS: I live in the same floor plan
with my wife, and it is challenging for both of us.
CHAIRPERSON BURDICK: Excuse me, I'm having
difficulty understanding what you're saying. Could you
speak a little louder, please?
THE WITNESS: I live in the same floor plan,
same square footage, and I live there with my wife, and
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DONNA N. BABA, CSR #103 (808) 671-7665
I find it challenging for the both of us.
Q. (By Mr. Baker) What is your understanding of the
term primary caregiver?
A. The definition of primary caregiver, it has a --
well, the way we use it in the hospital, it has a wide
range of responsibilities. It can go from organizing,
helping to organize or manage things for someone who
needs assistance with that, with those particular items.
It could be somebody who's just officially designated to
organize and manage someone's care, and the
responsibilities could range from telephone calls for
the person, to hands-on care, to like changing diapers
and feeding, doing all the self-care activities a person
may need. So that's a pretty big range.
Q. Thank you. This is a picture of the Galuterias,
it's Exhibit 14 of the Galuterias, I believe, and my
question is, have you ever seen Abigail Galuteria around
RCP alone, or with Juliette, the mother?
A. No, I've never seen her.
MR. BAKER: Thank you. That's all,
Ms. Gallegos. Thank you.
CHAIRPERSON BURDICK: Mr. McCorriston.
MR. McCORRISTON: Thank you.
//
//
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DONNA N. BABA, CSR #103 (808) 671-7665
CROSS-EXAMINATION
BY MR. MCCORRISTON:
Q. I'm correct that you're not a medical doctor?
A. Oh, absolutely not.
Q. And am I correct that you've never seen Juliette
Galuteria in a clinical setting?
A. No.
Q. You have never been present in any of her medical
examinations by any of her doctors?
A. I think in my statement I said it was casual.
CHAIRPERSON BURDICK: I'm sorry, I can't --
THE WITNESS: In my statement I said that my
interactions with Juliette was casual.
CHAIRPERSON BURDICK: Okay.
MR. McCORRISTON: Yes, I'm referring to her
statements in her declaration.
MR. BAKER: We object, Mr. Chairman, because
it's going over material that -- Mr. McCorriston is
going over material that is already entered in the
record. There's no need to repeat that information.
CHAIRPERSON BURDICK: That's all right. Go
ahead.
Q. (By Mr. McCorriston) You've never seen any
reports of clinical examinations of Mrs. Galuteria; is
that correct?
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DONNA N. BABA, CSR #103 (808) 671-7665
A. It's all been casual.
Q. Never seen any diagnostic test results for
Mrs. Galuteria on her medical conditions; is that
correct?
A. No.
Q. Never seen any medical reports as to what her
physical limitations are?
A. No.
Q. Never seen any medical reports as to what her
clinical diagnoses has been by her treating physicians
at Kaiser Permanente; is that correct?
A. Correct.
Q. And you have no basis to disagree with any of the
diagnoses or working impressions of the doctors at
Kaiser Permanente, do you?
A. Restate that?
Q. Yes. You have no clinical or medical basis to
disagree with any of the diagnoses that the Kaiser
doctors have made with regard to Mrs. Galuteria,
correct?
A. I cannot disagree with them, with anyone's.
Q. And you have no idea what they've told
Mr. Galuteria about what her limitations are, correct?
A. I don't.
Q. You have no idea what they described as what his
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DONNA N. BABA, CSR #103 (808) 671-7665
role as a primary caregiver would be; is that correct?
A. That's correct.
Q. And you would certainly defer to her treating
physicians as people much more knowledgeable about those
subjects than you; is that correct?
A. Absolutely.
Q. And as to what type of supervision Mrs. Galuteria
needs, you would defer to the opinions given by the
doctors at Kaiser rather than your own observations; is
that correct?
A. Absolutely.
Q. And do you know on your own whether she suffers
from diabetes, and to what extent?
A. I've only met her casually.
Q. Do you know what type of dementia she suffers and
to what extent?
A. No, I've only met her casually.
Q. Do you know what medications she takes and to
what dosages?
A. I do not.
Q. Do you know what sort of supervision she needs
with regard to the taking of her medication, going to
doctors appointments and everything else that the
doctors say are medically required of her?
A. Absolutely not.
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DONNA N. BABA, CSR #103 (808) 671-7665
Q. What floor do you live on?
A. Sixteenth.
Q. Do you have occasion to go to the 24th floor?
A. No. Above that.
Q. Okay. Never been to the Galuterias' apartment
unit, correct?
A. No.
Q. Never seen what the setup in the unit is as far
as where the people live, what clothes are there,
what --
A. I don't know her.
Q. Okay. Do you know where Mr. Galuteria parks his
vehicle in the building?
A. No.
Q. You ever see Mr. Galuteria or Lehua in the
elevator?
A. Yes. I stated that in my deposition.
Q. And how did it come to be that you submitted this
declaration in this case?
A. Like who approached me about it, or --
Q. Yes. That's a better question than mine.
A. It was actually Galen had asked me if I had seen
Mr. Galuteria, and I said, oh, yeah, I've seen him.
Q. And Galen meaning Mr. Fox?
A. Yes.
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DONNA N. BABA, CSR #103 (808) 671-7665
Q. How did you know Mr. Fox?
A. We were -- we've been pretty active in the
community regarding the development in Kakaako.
Q. And am I correct that you've made public
statements against the rain of development in Kakaako
and you're not in favor of the --
MR. BAKER: Is this material?
CHAIRPERSON BURDICK: I'm going to let it in.
It has to do with issues of bias.
A. The development, no. I would say that it was
more the building that is right next to our building.
But the development, Kakaako, I didn't -- I wasn't
participating in that. It was more the building which
was impinging on our building.
Q. Do you know Mr. Lethem?
A. Only through meetings, or going to listen to him
speak.
Q. You went to political meetings involving
Mr. Lethem?
A. Yeah, he was running for office.
Q. Were you a political supporter of Mr. Lethem?
A. Yes.
Q. And is it true that his political was Mr. -- now
Senator Galuteria?
A. Yes.
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DONNA N. BABA, CSR #103 (808) 671-7665
MR. McCORRISTON: Thank you. No further
questions.
CHAIRPERSON BURDICK: Mr. Nomura?
MR. NOMURA: No questions.
CHAIRPERSON BURDICK: Redirect, Mr. Baker?
MR. BAKER: No, Mr. Chairman.
CHAIRPERSON BURDICK: Thank you very much.
You're excused.
(Witness excused.)
MR. BAKER: Now, as to our next witness,
Mr. Chairman, we would like to call the City Clerk.
MR. FOX: No. Matt Johnson.
MR. BAKER: Oh, he is now here?
MR. FOX: Yes, he is here.
MR. BAKER: Sorry, correction. We call Matt
Johnson.
(Off-the-record session.)
CHAIRPERSON BURDICK: Would you state your
name, please, sir.
THE WITNESS: Matthew Johnson.
CHAIRPERSON BURDICK: Would you raise your
right hand.
Whereupon,
//
//
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DONNA N. BABA, CSR #103 (808) 671-7665
MATTHEW JOHNSON,
called as a witness on behalf of the Appellant,
being first duly sworn, was examined and testified as
follows:
CHAIRPERSON BURDICK: Your witness, Mr. Baker.
DIRECT EXAMINATION
BY MR. BAKER:
Q. How long have you lived at Royal Capitol Plaza?
A. Since April 2007.
Q. So that's just over four-and-a-half years,
roughly.
MR. FOX: Eight years.
Q. (By Mr. Baker) You submitted a statement on
May 4th of this year, which is our Exhibit 12, and I
just want to ask if you stand by that statement.
A. I do.
Q. Okay. Can you describe when and how you have
seen Brickwood Galuteria at Royal Capitol Plaza?
A. I have not.
Q. You haven't seen him?
A. I have not seen him at the Royal Capitol Plaza.
Q. Now, you are a member of the Kakaako Neighborhood
Board; is that correct?
A. Previously.
Q. Previously. What years?
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DONNA N. BABA, CSR #103 (808) 671-7665
A. It was from June, July 2013 until May of 2014.
Q. Okay. And during that time, did you have
occasion to see Brickwood Galuteria appear before your
board?
A. No.
CHAIRPERSON BURDICK: I'm sorry, was that a
yes or a no?
THE WITNESS: No.
Q. (By Mr. Baker) And I'm going to assume that on
the basis of that information you have no way of saying
whether or not the Galuterias reside at the Royal
Capitol Plaza.
A. No, I could not say that.
MR. BAKER: Okay. That's all.
CHAIRPERSON BURDICK: Mr. McCorriston, cross?
CROSS-EXAMINATION
BY MR. MCCORRISTON:
Q. Just to confirm that last answer, you have no way
to tell whether they live there or not, at Royal Capitol
Plaza?
A. Yeah, I'm just sticking to my statement I have
not seen --
Q. You have not seen.
A. -- the Senator at the building.
Q. Do you know what Lehua Galuteria looks like?
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DONNA N. BABA, CSR #103 (808) 671-7665
A. I do not.
Q. Do you know what Juliette Galuteria looks like?
A. I do not.
Q. So you've never seen Juliette Galuteria at RCP
either?
A. Not that I know of.
Q. How did you come to testify in this matter? Who
approached you?
A. Galen Fox.
Q. And in what context?
A. Yeah, he just asked me similar questions to what
was asked earlier today, knowing that I've lived at the
Royal Capitol Plaza since 2007.
Q. How did you know Mr. Fox?
A. Through work, just living in Kakaako. I had a
business in Kakaako, and being part of the neighborhood.
Also in part of the Neighborhood Board, meeting him
through there.
Q. Did you know Mr. Lethem?
A. I do know Mr. Lethem.
Q. How do you know him?
A. He invited me on to a TV show that he has on
Think Tank Hawaii.
Q. Was he a candidate for office at one time for
your district?
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DONNA N. BABA, CSR #103 (808) 671-7665
A. I believe so.
Q. Were you a supporter of his?
A. I do not vote.
MR. MCCORRISTON: Okay. No further questions.
Thank you.
CHAIRPERSON BURDICK: Mr. Nomura?
MR. NOMURA: No questions.
CHAIRPERSON BURDICK: Redirect?
MR. BAKER: That's it.
CHAIRPERSON BURDICK: We're pau.
THE WITNESS: Thank you, guys.
CHAIRPERSON BURDICK: Thank you very much.
THE WITNESS: Do I need to stay for anymore
questions? All set, I can leave?
CHAIRPERSON BURDICK: No, you're excused.
(Witness excused.)
MR. BAKER: The last witness that we -- oh,
sorry. The City Clerk is not our witness, so we will
only have questions for him if the other side calls him.
CHAIRPERSON BURDICK: Yes, fine. All right,
so do you have any other witnesses?
MR. BAKER: Are we allowed to ask the City
Clerk to be a witness?
CHAIRPERSON BURDICK: You want to call him as
an adverse witness, basically?
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DONNA N. BABA, CSR #103 (808) 671-7665
MR. BAKER: Whatever you say.
CHAIRPERSON BURDICK: Do you want to call him
now?
MR. BAKER: Yes.
MR. NOMURA: Well, let me object, because
Mr. Takahashi was not identified as one of your
witnesses, so to the extent that he was not identified
by Mr. Baker as a witness, then I object to him being
called as a witness in his case.
CHAIRPERSON BURDICK: Mr. McCorriston, do you
have any comment one way or another on this?
MR. McCORRISTON: I agree, I don't think he
was identified as a witness by Appellant, and there was
a pretrial order asking us to identify all witnesses.
CHAIRPERSON BURDICK: We're going to talk to
Ms. Kunimoto. I have my own thought on it, but I want
to see what she says.
(A recess was taken.)
CHAIRPERSON BURDICK: After conferring with
counsel, our ruling is that Mr. Baker may not call the
City Clerk at this time, being not on the witness list.
So you're done with all your witnesses at
this point, Mr. Baker?
MR. BAKER: Yes. Mr. Chairman, may I ask you
a hypothetical? Had the City Clerk been on our witness
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DONNA N. BABA, CSR #103 (808) 671-7665
list, would you have been willing to call him?
CHAIRPERSON BURDICK: Yes.
BOARD MEMBER ANDERSON: Of course.
MR. BAKER: Okay.
CHAIRPERSON BURDICK: Okay. Mr. McCorriston?
MR. McCORRISTON: So we have about 10 or 15
minutes left. Would this be an appropriate time to
break, since we only have 10 or 15 minutes left? I'm
certainly not going to finish my case in 10 or 15
minutes.
MR. NOMURA: And I would like to join that.
Plus I think if Mr. Baker is complete with his case and
the presentation of his evidence, I think it's pretty
clear to the Board that he's presented nothing insofar
as the record is concerned to proceed with his case. I
don't think he's presented any evidence with respect to
the residence issue, so I question whether or not he's
provided us with a prima facie case to even contest the
voter registration residency decision of the City Clerk,
and I would ask that you rule on that motion soon before
we present our case-in-chief.
I think Mr. Baker had every opportunity to
present the Board with some evidence as to why the City
Clerk's decision was erroneous, and I don't think he
had any -- presented to the Board any evidence on that
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DONNA N. BABA, CSR #103 (808) 671-7665
issue. You know, we've given him many opportunities to
present evidence, and I don't think he's presented
anything to the Board that allows this proceeding to
proceed.
CHAIRPERSON BURDICK: Go ahead.
MR. McCORRISTON: May I formally join the
motion of the City on the failure of the Appellant to
advance a prima facie case on the issue of residency.
His only witnesses appear to be three, or at least two
supporters of a political opponent of Mr. Galuteria who
really don't have any persuasive evidence as to whether
Mr. Galuteria lives at RCP or not. The fact that they
haven't run into him -- actually, they said they have
seen him there on occasion, and they -- in fact, one of
them talked about, with Mr. Galuteria, according to her
declaration, as being the caregiver for the mother at
RCP.
So you don't have really any sufficient
evidence to establish a prima facie case, establish the
burden of proof that is required for the Appellant, so
I join Mr. Nomura in asking the Board for at least a
ruling on that before we go forward with any
Respondents' evidence.
CHAIRPERSON BURDICK: Did you have want to say
something now?
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DONNA N. BABA, CSR #103 (808) 671-7665
BOARD MEMBER ANDERSON: Off the record though.
Off the record.
CHAIRPERSON BURDICK: Take a break for a
second.
(A recess was taken.)
CHAIRPERSON BURDICK: We're going to deny the
motion at this point, and go off the record to discuss a
reconvening that I do trust will be with sufficient time
that we'll go and complete these proceedings in one
reconvened sitting if at all possible.
MR. MCCORRISTON: Mr. Chairman?
CHAIRPERSON BURDICK: Yes.
MR. McCORRISTON: Would you mind if I at
least, in the couple minutes we have left, introduce my
exhibits today so I don't have to do that, and then
we'll just start with our witnesses when we reconvene.
CHAIRPERSON BURDICK: That's fine.
MR. McCORRISTON: Your Honor, William
McCorriston representing Mr. and Mrs. Galuteria. We
have submitted the declaration of Senator Brickwood
Galuteria, and Exhibits A, Alpha, through E, Epsilon,
and we ask that those are admitted for the purposes of
this proceeding.
CHAIRPERSON BURDICK: That's fine. I think
that's understood.
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DONNA N. BABA, CSR #103 (808) 671-7665
MR. McCORRISTON: Okay. Thank you.
(Appellees' Exhibit A to E were received in
evidence.)
CHAIRPERSON BURDICK: Let's go off the record.
(Whereupon, at 12:26 p.m. the hearing was
recessed.)
-o0o-
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DONNA N. BABA, CSR #103 (808) 671-7665
C E R T I F I C A T E
I, DONNA N. BABA, a Certified Shorthand
Reporter in the State of Hawaii, do hereby certify:
That I was acting as shorthand reporter in the
foregoing matter on Monday, November 30, 2015.
That the foregoing proceedings were taken down
in machine shorthand by me at the time and place stated
herein, and were thereafter reduced to print under my
supervision;
That the foregoing represents, to the best of
my ability, a correct transcript of the proceedings had
in the foregoing matter.
I further certify that I am not counsel for
any of the parties hereto, nor in any way interested in
the outcome of the cause named in the caption.
Dated: __________________________________.
___________________________
DONNA N. BABA, CSR #103
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