Board of Registration Galuteria Transcript 1

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


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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


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



MATTHEW JOHNSON



E X H I B I T S

FOR IDENTIFICATION IN EVIDENCE

APPELLEES' EXHIBITS:

Exhibit A to E 53

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DONNA N. BABA, CSR #103 (808) 671-7665

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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DONNA N. BABA, CSR #103 (808) 671-7665

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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DONNA N. BABA, CSR #103 (808) 671-7665

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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DONNA N. BABA, CSR #103 (808) 671-7665

(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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DONNA N. BABA, CSR #103 (808) 671-7665

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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DONNA N. BABA, CSR #103 (808) 671-7665

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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DONNA N. BABA, CSR #103 (808) 671-7665

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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DONNA N. BABA, CSR #103 (808) 671-7665

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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DONNA N. BABA, CSR #103 (808) 671-7665

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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DONNA N. BABA, CSR #103 (808) 671-7665

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.


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.


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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DONNA N. BABA, CSR #103 (808) 671-7665

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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DONNA N. BABA, CSR #103 (808) 671-7665

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.


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?


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.



hand.

Whereupon,

//

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DONNA N. BABA, CSR #103 (808) 671-7665

EVA GALLEGOS,


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: 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.


CHAIRPERSON BURDICK: Would you state your

name, please, sir.

THE WITNESS: Matthew Johnson.


right hand.

Whereupon,

//

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DONNA N. BABA, CSR #103 (808) 671-7665

MATTHEW JOHNSON,


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: 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?


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.


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?


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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Board of Registration Galuteria Transcript 1

News & Politics

Transcript of Board of Registration Galuteria Transcript 1