Shannon Kagawa
Appearances
THREE
Probable Cause | Chapter 8
So if I'm saying that it's factual innocence, I think the court has to look at the facts presented. I'm not disputing what's in the findings of fact or conclusions of law. We agree to it. Those are the facts. But it's also fact that Mike Ortiz made a statement. It's also fact that John Gonzalez made a statement. Those are all facts that the court has to consider.
THREE
Probable Cause | Chapter 8
Yes, the court also can consider the statement that Mr. Harrison took from Mr. Ortiz in his declaration. Those are both facts. They may be conflicting, but those are still facts that the court has to consider. I don't believe that this court is here to determine the credibility of which one is true. Those are just both facts that are presented.
THREE
Probable Cause | Chapter 8
And even with the DNA evidence, Your Honor, state's not disputing that the DNA evidence shows that Albert Laurel's DNA was at scene two, or what I call scene two, at where Ms. Ireland's body was found. But there's no evidence to say that they were not involved as well.
THREE
Factual Innocence | Chapter 9
that he put at the trial for Ian Schweitzer. He testified to that on the December 24th, 1991, that they had come home, or they had come to the house, that Frank Pauline got out of the car, and he said that he recalls Ian and Sean being there, as well as, I believe, I don't know exact words, but he said there was somebody else, and he didn't know who it was.
THREE
Factual Innocence | Chapter 9
Okay, so if I'm saying that it's factual innocence, I think the court has to look at the facts presented. I'm not disputing what's in the findings of fact or conclusions of law. We agree to it. Those are the facts. But it's also fact that Mike Ortiz made a statement. It's also fact that John Gonzalez made a statement. Those are all facts that the court has to consider.
THREE
Factual Innocence | Chapter 9
Yes, the court also can consider the statement that Mr. Harrison took from Mr. Ortiz in his declaration. Those are both facts. They may be conflicting, but those are still facts that the court has to consider. I don't believe that this court is... Here to determine the credibility of which one is true, those are just both facts that are presented.
THREE
Factual Innocence | Chapter 9
Because there's facts where they themselves have made statements that put them at the scene. If you look at the statement in States Exhibit 2, and I'm not going to read the whole statement, but Sean... Yes, I read Exhibit 2, so I'm familiar with the statements that Sean Schweitzer made.
THREE
Factual Innocence | Chapter 9
That is not deniable. I don't think Mr. Shigezaki will deny that Mr. Schweitzer made those statements.
THREE
Factual Innocence | Chapter 9
I think the... Hold on. And I think the last portion that I really wanted to talk about is what Sean Schweitzer said. Sean, as far as his change of plea. You know, courts saying don't consider that there was a proffer made or unreliability of the polygraph. Sean Schweitzer came before the court, signed the change of plea form, and did plead.
THREE
Factual Innocence | Chapter 9
I think the court has to consider the fact that he did say that on December 24, 1991, he was present during the incident in which Dana Ireland was kidnapped, sexually assaulted, and killed. He admitted to those facts. Sean Schweitzer himself put himself involved in this crime. The court has to consider and determine if someone is actually innocent, the fact that he admitted to his participation.
THREE
Factual Innocence | Chapter 9
And I think with that fact that if you take what Sean's statement is, as well as his statement to as well as his change of plea, It could still be consistent with the fact that they left her, left Ms. Ireland at the second scene, a Wawa scene, to die, and that's when Albert Lauro came across her.
THREE
Factual Innocence | Chapter 9
Your Honor, as we stated, there is an ongoing investigation as a police chief. I didn't watch what he stated, but I'm sure he said that there was still an ongoing investigation involved in this matter.
THREE
Factual Innocence | Chapter 9
Your Honor, it might be relevant, but at this time, we don't believe that they're entitled to it.