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State v. Wong2/22/2002
ime? [Okada]: Well, I had -- I had kind of forgotten about the looking at the apartment before until I had spoken to Brenda Bagano later and she reminded me that I looked at the unit. [Prosecutor]: All right. But in terms of when it was that you first heard about Henry Peters moving into apartment 1203, that was when Jeffrey Stone told you about it, isn't that correct? [Okada]: Yeah. [Prosecutor]: And the next question was, "And you had nothing to do about telling him about apartment 1203?" And the answer was, "No?" [Okada]: Yeah, I had forgotten about me -- [Prosecutor]: The answer was, "no?" [Okada]: Yeah. Well, at that -- I couldn't recall. [Prosecutor]: Mr. Okada, the answer was "no?" [Okada]: Yeah. [Prosecutor]: Okay. Thank you.
. . . And just so that we're clear, when you testified before the grand jury previously on November 25 about that last question, and you had nothing to do about telling him about apartment 1203, you were telling the truth at that time? [Okada]: Yeah. I had forgotten about -- [Prosecutor]: Were you telling the truth at that time? [Okada]: Yeah. [Prosecutor]: Thank you. . . . At the hearing on the motion to dismiss, Okada testified about being questioned before the grand jury:
[Stone's counsel]: Now, Mr. Okada, you were called before the grand jury by [the prosecutor] on more than one occasion, correct? [Okada]: Yes. [Stone's counsel]: And the last time you were there, do you remember that you were trying to give an answer and you were interrupted? [Okada]: Yes. [Stone's counsel]: And it was [the prosecutor] who interrupted you? [Okada]: Yes. . . .
[Stone's counsel]: . . . Do you remember when he interrupted you?
[Okada]: Yeah.
[Stone's counsel]: And you were trying to go back and tell him something, is that correct? [Okada]: Yes.
[Stone's counsel]: Now again, we started here you've told us [the prosecutor] interrupted you during the grand jury and you started to tell him something. What was it that you would have told him if he would have let you finish? [Okada]: That I had forgotten that I had looked at the unit. And what happened was that after I looked at the unit, I had lunch or I called Jeff Stone to tell him that I knew Henry was looking for an upper floor unit. From time to time, he and I would have lunch or meet Henry Peters; and he wanted to kind of get a pulse on the market from me, my perspective. So in one of my meetings with him, he indicated to me that he was interested in getting an upper floor unit because his unit was on the second floor. So I forgot that I had mentioned -- I had called Jeff or had lunch with him and mentioned to Jeff that Henry was looking for an upper floor unit and that if he would call Henry to see if he'd be interested in buying that upper floor unit. And I called Henry to tell him that, well, I thought the unit would sell for about sixty to maybe eighty thousand dollars less than the true market value because of the damage, the water damages to the apartment which were not repaired, because the owner never made any attempt to claim the damage. . . .
[Stone's counsel]: Now, is that what you would have testified to in substance if [the State's attorney] had not interrupted you? [Okada]: Yeah. [Stone's counsel]: And here now today under oath, just so we're clear, you were the one who called Jeff Stone and told Mr. Stone to call Mr. Peters about Unit 1203? [Okada]: Yeah. . . .
The State argues, in sum, the testimony that Okada was prevented from giving was not clearly exculpatory and the State had no obligation to present it. The State opines Okada's testimony was, at best, contradictory. The State argues the circuit court's finding that Okada was p
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