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State v. Wong2/22/2002
had breached his fiduciary responsibility then and was in breach of trust again in the matter before the grand jury. Leaving the grand jury with such a misleading inference "undermined the fundamental fairness and integrity of the grand jury process" and prevented the grand jury "from the exercise of fairness and impartiality" with regard to Peters that due process demands. State v. Chong, 86 Hawaii 282, 284, 949 P.2d 122, 124 (1997).
D. The State improperly limited Okada's testimony before the grand jury The State contends the circuit court erred when it concluded the State withheld clearly exculpatory evidence from the grand jury. The State argues the testimony Glenn Okada was prevented from giving was not clearly exculpatory. We disagree.
As noted previously, the perjury charge against Stone was premised upon testimony Stone gave before a prior grand jury about being contacted by Okada with regard to contacting Peters about the availability of an upper floor unit in Peters' building. Before the grand jury, the State questioned Glenn Okada, as follows:
[Prosecutor]: . . . Now, did you know that Henry Peters moved from apartment 202 to apartment 1203 some time in January 1996? [Okada]: I found out later that he had bought it. [Prosecutor]: Okay. Now, prior to Mr. Peters making a move, did you ever talk to him about him possibly making that move from 202 to 1203? [Okada]: Well, he -- yeah, he was interested in buying another unit, upper floor unit early on but, you know, I'm kind of semi-retired so I never really pursued it. I looked at that unit and I can't recall whether it was Brenda Bagano or Jeff Stone that told me about the unit 'cause they know that I was buying some distressed properties, so -- in my pension plan -- so I looked at the unit but the owner, the Japanese owner never lived in the unit and we had water damage on the top floor of all the units, including my unit, which the contractor and subcontractors had to repair, and that unit 1203, when I looked at it, it had -- it had quite a bit of water damage so the wallpapers, the carpet which was a very expensive carpet that we had in the units itself was --was -- had to be all replaced and the unit, since it never had been lived in, the appliances, you know, had no warranty anymore, so -- [Prosecutor]: Okay, Mr. Okada, let me ask you just so that we're clear. The first time that you heard about Henry Peters moving from 12 -- from 202 to 1203, how did you find out? [Okada]: Well, I think Jeff Stone may have mentioned that to me at one of our luncheons. [Prosecutor]: Okay. And as far as you ever talking to Mr. Peters about moving from 202 to 1203, did that ever happen? [Okada]: He may have mentioned that he was looking at the apartment and I may have mentioned to him that I had looked at the apartment and saw that it was, yeah, had a lot of damage in the apartment. [Prosecutor]: All right. Now, Mr. Okada, do you remember testifying before the grand jury on October -- excuse me -- on November 25, 1998? [Okada]: Yeah. [Prosecutor]: Okay. And that was similar to the kind of arrangement today, in other words, you were called in and you were sworn under oath?
[Okada]: Yeah. [Prosecutor]: Okay. And questions were asked of you? [Okada]: Yes. [Prosecutor]: Now, do you remember being asked these questions and you giving these answers?
The question started off, "Just so that we're clear and there isn't any confusion, the only time that you apparently heard about Peters buying into apartment 1203 was when Jeffrey Stone may have told you about it?"
And your answer was, "Yeah." [Okada]: Yeah. [Prosecutor]: Wasn't that your answer? [Okada]: Yeah. [Prosecutor]: And wasn't that the truth at the t
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