
MS HAND: It is a probation violation plea and sentencing before the Honorable Judge Hala Jarbou in the Circuit Court on May 15, 2019, where the defendant did, in fact, make statements. So I’m moving for its admission and I believe it’s self authenticating. Judge Hala Jarbou asked him what he did, he said, “I took offensive videos of someone. I dumped water on them and” – and then she said, “Someone that was overdosing? Dying?” And the defendant said, “Yes, they died.”
PRELIMINARY EXAMINATION Volume I of II BEFORE THE HONORABLE TRAVIS REEDS WITNESSES: PEOPLE
1. ALAN HASHIM ...........Direct examination 10 .....Cross-examination 14 ......Excused 19
2. STEVE BALOG ............Direct examination 20 .....Cross-examination 110 ....Excused 132
3. SEAN JENNINGS .......Direct examination 133 ...Cross-examination 154 .....Excused 157
THE COURT: Are we ready to begin on the Remington matter?
Friday, September 27, 2019 – at 1:28 p.m. Novi, Michigan
MS. HAND: Yes, your Honor.
MR. ROCKIND: Yes, your Honor.
THE COURT: All right, People versus Remington, 2019-2619.
MS. HAND: Good afternoon, your Honor, Beth Hand appearing on behalf of the People.
MR. ROCKIND: Neil Rockind P48618, I’m counsel – co-counsel, I should say, for Nicholas Remington.
THE COURT: Thank you.
MR. LEWIS: Good afternoon, your Honor, my name is Randall Lewis and I’m co-counsel for Mr. Remington.
THE COURT: All right and would you have Mr. Remington please state his name for me for the record?
MR. ROCKIND: Yes. Tell us your name.
THE DEFENDANT: Nicholas Remington.
THE COURT: Thank you. All right, do we have any preliminary matters before we begin?
MS. HAND: There is a stipulation I’d like to place on the record, your Honor.
THE COURT: Okay, thank you.
MS. HAND: Your Honor, the defense is stipulating to People’s proposed exhibit number one, which is the autopsy protocol, authored in this case by Dr. Hanosh. And – as well as the fact that if Dr. Hanosh were, in fact, here to testify that he would testify that the decedent Denis Preka’s cause of death in this matter was the – the ingestion of the controlled substances methylenedioxymethamphetamine and methylone.
THE COURT: Is that correct, Mr. Rockind?
MR. ROCKIND: Not entirely.
THE COURT: Okay.
MR. ROCKIND: My stipulation - my stipulation is that Dr. Hanosh, first of all, for exam purposes I – I did advise Ms. Hand that I was stipulating to Dr. – the autopsy protocol, which we will for exam purposes. And that – that were Dr. Hanosh to testify that – I have to get out my report here, but he would say everything that Ms. Hand said. I think that the autopsy protocol identifies the – the drugs as – I have it here. Ms. Hand, what page are you reading from in terms of the --
MS. HAND: I wasn’t reading, but the – the opinion is on page six of eight, three, four, methylene, dioxymethamphetamine and a metabolite MDMA.
MR. ROCKIND: Right.
MS. HAND: I’m sorry, MDA.
MR. ROCKIND: Correct.
MS. HAND: That’s fine. I misspoke when I said --
MR. ROCKIND: I’ll stipulate to it.
MS. HAND: MDMA.
MR. ROCKIND: I’ll stipulate to that, that that is what he would testify to if he were to testify here at the preliminary examination. And I know I told Ms. Hand that I had no objection to the court receiving, for exam purposes, opinion. A copy of the autopsy protocol and that – that
THE COURT: Okay.
MR. ROCKIND: And --
THE COURT: That’s all --
MR. ROCKIND: Just to --
THE COURT: - exhibit one?
MS. HAND: Yes, your Honor.
THE COURT: Okay.
MR. ROCKIND: And that’s just entirely for examination purposes and for no other purpose other than that.
THE COURT: All right, I understand. So, based on the stipulation it’s admitted at this point and either of you can use that exhibit in the course of the exam. Any other preliminary matters?
MS. HAND: No, your Honor.
THE COURT: Sequestration?
MR. ROCKIND: Yes, please.
THE COURT: All right.
MR. ROCKIND: We move for sequestration, your Honor.
THE COURT: All right, sequestration is ordered. If you’re not the officer or detective in charge, the defendant or the first witness, please excuse yourself to the hall until it’s your turn to testify. Any other preliminary matters?
MR. ROCKIND: No, your Honor.
THE COURT: Please call your first witness.
MS. HAND: Your Honor, before I call my first witness I am going to move for admission of People’s exhibit number two. It is a self-authenticating document. I have provided defense counsel a copy of it. It is a probation violation plea and sentencing before the Honorable Judge Hala Jarbou in the Circuit Court on Wednesday, May 15, 2019, where the defendant did, in fact, make statements. So I’m moving for its admission and I believe it’s self-authenticating,
if I could approach?
THE COURT: Mr. Rockind?
MR. ROCKIND: I have objections as to relevance and as to foundation, which I’m happy to make if the Court wants me to make them now?
THE COURT: Okay, go ahead.
MR. ROCKIND: So, first, the --
THE COURT: Actually, before we get to the relevance part, can you – can you tell me what you think the – the purpose of the admission of the exhibit would be?
MS. HAND: Judge, during this proceeding the defendant indicated that – the judge was questioning him relative to his violation of probation. She asked him what he did, he said, “I took offensive videos of someone. I dumped water on them and” – and then she said, “Someone that was overdosing? Dying?” And the defendant said, “Yes, they died.”
So, the purpose is to show his presence during the taking of these videos.
THE COURT: I see, okay.
MR. ROCKIND: So number one, we’ve got – here’s my – my first objection is that Mr. Remington was in custody at the time that the actual colloquy for, I guess, argument purposes and foundation purposes begins a bit sooner with the Court asking the following question on page 14, “Tell me what you’ve done. Articulate that to me and how you’re going to improve.” And at that time Mr. Remington was in custody and was being questioned by the Court. Secondly, he pled no contest previously. Third, he is – at the time this is a Holmes Youthful – he was on Holmes Youthful Trainee status, which he still is, so the record should be sealed. It’s not a public record. And the fourth is if he was on Holmes Youthful Trainee status for that offense and so that’s a non-public record and it should be sealed. And additionally the – by way of further foundation you’ve got – the transcript occurred on May – it was – possibly occurred May 15, 2019 and there is a two-month gap approximately between the incident date, which was March 18 and March 19th. So, the – whatever quote admissions unquote are that are contained or that the People wish to admit within this document are not contemporaneous with the event, that they are two months later with much after acquired information. And –
THE COURT: Did he have Counsel present when these statements were made?
MR. ROCKIND: What’s that? He did, your Honor.
THE COURT: Did Mr. Remington have Counsel present at the --
MR. ROCKIND: He did, your Honor.
THE COURT: - hearing in front of Judge Jarbou?
MR. ROCKIND: He did. And I – and they’re not relevant. Not relevant to whether or not Mr. Remington actually – well, they’re not relevant to whether a drug was delivered, they’re not relevant to whether a drug was delivered by him to the decedent.
THE COURT: Okay. All right, thank you. Those objections are overruled and I’ll admit the document.
MS. HAND: May I admit, Judge.
THE COURT: Yes.
MS. HAND: And did you want People’s exhibit number one also, your Honor?
THE COURT: Sure. Thank you. Anything else?
MS. HAND: No, your Honor.
MS. HAND: People call Officer Hashim.
THE COURT: Thank you. Officer, you’ve been called as a witness. Please make your way up to the witness chair. Watch your step on that little ramp. Get yourself settled in the chair and I’ll ask you to raise your right hand and take an oath.
OFFICER HASHIM: Yes.
THE COURT: Do you solemnly swear or affirm that the testimony you’re about to provide shall be the truth, the whole truth and nothing but the truth, so help you, God?
OFFICER HASHIM: I do, your Honor.
THE COURT: Thank you very much. Please start off by stating your full name and spelling your last name for the benefit of the court recorder.
ALAN HASHIM: Officer Alan Hashim, H-A-S-H-I-M.
THE COURT: Your witness.
MS. HAND: Thank you.
Called by the People at 1:34 p.m. and sworn by the Court, testified:
DIRECT EXAMINATION BY MS. HAND:
MS. HAND: How are you – how are you employed, sir?
OFFICER HASHIM: I’m a police officer with the City of Novi Police Department.
MS. HAND: And how long have you been a police officer with Novi?
OFFICER HASHIM: Fourteen years plus.
MS. HAND: All right and how – were you a police officer anywhere else prior?
OFFICER HASHIM: Yes, in Detroit.
MS. HAND: How many years?
OFFICER HASHIM: Almost three years.
MS. HAND: Sir, were you working in your capacity as a police officer in the morning hours of March 19, 2019?
OFFICER HASHIM: Yes, ma'am.
MS. HAND: Did you have occasion, sir, to go to 23132 Meadowbrook in the City of Novi?
OFFICER HASHIM: Yes.
MS. HAND: And what was your purpose, sir, for going to that location?
OFFICER HASHIM: We received a call of a subject who was having difficulty breathing.
MS. HAND: All right and did – were you alone or with a partner when you arrived?
OFFICER HASHIM: I was by myself.
MS. HAND: All right, do recall approximately what time – not exactly, but approximately what time you were dispatched to that location?
OFFICER HASHIM: Around 9:11.
MS. HAND: All right and approximately how long did it take you to get there?
OFFICER HASHIM: I don’t recall exactly, a few minutes.
MS. HAND: Okay. Upon your arrival to that location were there any occupants inside the home?
OFFICER HASHIM: I observed – there was Sergeant Manar and Officer Patalla, who was riding with him and also the son of the homeowner or the homeowner.
MS. HAND: Okay. All right and in addition to the – the son of the homeowner were there any other occupants that were not police personnel?
OFFICER HASHIM: The --
MS. HAND: That
OFFICER HASHIM: The deceased.
MS. HAND: Okay, that’s what I want to ask you.
OFFICER HASHIM: Yes.
MS. HAND: All right and when you went into the house what door of the home did you enter?
OFFICER HASHIM: The entrance.
MS. HAND: The front door?
OFFICER HASHIM: Yeah, the front door.
MS. HAND: Okay and when you went into the front door did – at that point were you able to see the decedent?
OFFICER HASHIM: Yes, ma'am.
MS. HAND: All right, did you go about identifying the decedent?
OFFICER HASHIM: Sergeant Manar made the identification.
MS. HAND: Okay. All right and how was the decedent positioned when you arrived?
OFFICER HASHIM: He was lying down on his side in the foyer.
MS. HAND: Okay. Is the foyer carpeted?
OFFICER HASHIM: No.
MS. HAND: Okay, so this is a tile – tile?
OFFICER HASHIM: If my memory serves me right, yeah, it’s tile.
MS. HAND: Okay and which direction was the decedent’s head facing? Towards the door or away from the door?
OFFICER HASHIM: It’s – his head was facing away from the door.
MS. HAND: Okay. Was he clothed?
OFFICER HASHIM: Yes.
MS. HAND: All right and how many persons have you, in your experience, seen that are deceased?
OFFICER HASHIM: A few.
MS. HAND: Okay, can you give a better estimate than a few? More than 50?
OFFICER HASHIM: About.
MS. HAND: Okay. All right and was the – did you touch the decedent?
OFFICER HASHIM: No.
MS. HAND: Okay, at some point in your presence was the decedent pronounced dead?
OFFICER HASHIM: Yes.
MS. HAND: And how did that process occur?
OFFICER HASHIM: Superior Ambulance and Novi F.D. arrived to the scene and they did the strip and of course the – one of the ambulance personnel called Providence Hospital and the pronouncement was made.
MS. HAND: Okay. Did you interview the homeowner’s son?
OFFICER HASHIM: Yes.
MS. HAND: All right. And did anybody else non-police related arrived at the scene while you were present?
OFFICER HASHIM: Connor.
MS. HAND: Okay. And approximately how long after you were present did this person by the name of Connor arrive?
OFFICER HASHIM: Maybe half an hour, 25 minutes. I – I don’t have a specific time.
MS. HAND: All right. Did Detective Balog arrive, as well?
OFFICER HASHIM: Detective Balog and Detective Wilson.
MS. HAND: Okay. Did – and I think you already said this, but did you move or disturb the body in any way?
OFFICER HASHIM: No.
MS. HAND: Can you briefly tell me the demeanor of the homeowner?
OFFICER HASHIM: Basically – based on my conversation with him it seems as if he wants us to finish this investigation.
MS. HAND: Okay, is he hurrying you out of the house?
OFFICER HASHIM: In a way. That’s how I felt.
MS. HAND: Okay. All right, did the – did you obtain the cell phone information of this person Paul?
OFFICER HASHIM: The actual cell phone?
MS. HAND: No, like the number. His cell phone number.
OFFICER HASHIM: Somehow it was obtained. I don’t recall if I got it or Detective Balog got it, but it was obtained.
MS. HAND: It was obtained?
OFFICER HASHIM: Yes.
MS. HAND: Okay.
MS. HAND: I have no further questions.
THE COURT: Cross-examination?
MR. ROCKIND: Sure.
CROSS-EXAMINATION BY MR. ROCKIND:
MR. ROCKIND: Mr. Hashim --
OFFICER HASHIM: Yes.
MR. ROCKIND: Good afternoon.
OFFICER HASHIM: Good afternoon, sir.
MR. ROCKIND: You – you arrived at the house, right?
OFFICER HASHIM: Yes, sir.
MR. ROCKIND: Do you happen to recall the address?
OFFICER HASHIM: I don’t remember the address.
MR. ROCKIND: And you’ve indicated that you spoke with someone who you believe to be the – the son of the homeowner?
OFFICER HASHIM: Yes.
MR. ROCKIND: Did you get information about them before you arrived at the home?
OFFICER HASHIM: No, sir. Once – once I arrived.
MR. ROCKIND: You arrived?
OFFICER HASHIM: Yes.
MR. ROCKIND: And then there has been – obviously there is a deceased young man there?
OFFICER HASHIM: Yes.
MR. ROCKIND: And there are some other officers there, you said?
OFFICER HASHIM: Yes.
MR. ROCKIND: Was there any paramedic staff or any medical team there at that point?
OFFICER HASHIM: After the fact, yes.
MR. ROCKIND: After the fact. And there was a young man who the prosecutor identified as Paul?
OFFICER HASHIM: Yes.
MR. ROCKIND: Did you – did you – did you discuss or – let me ask a different. Did you meet with him or converse with him upon entering into the house?
OFFICER HASHIM: After everything was settled, sir, yes.
MR. ROCKIND: And how did you identify – at some point you said, “Who is the – are you homeowner?” or “Are you the caller?” or something of that sort?
OFFICER HASHIM: Yes.
MR. ROCKIND: And did you get his identification at that point?
OFFICER HASHIM: I don’t recall if it was a driver’s license, but yes, he did provide me with a name.
MR. ROCKIND: You did more than just talk to him, didn’t you?
OFFICER HASHIM: Yes.
MR. ROCKIND: Did you – did you go anywhere else in the house?
OFFICER HASHIM: I was in the foyer area and kitchen area.
MR. ROCKIND: Foyer area and kitchen area?
OFFICER HASHIM: Yes. And the living room – and the surrounding area basically.
MR. ROCKIND: Did you see any narcotic paraphernalia in the foyer area?
OFFICER HASHIM: No, sir.
MR. ROCKIND: Did you see any narcotics paraphernalia in the kitchen?
OFFICER HASHIM: No.
MR. ROCKIND: You said you got the sense that the young man’s name was Paul Wiedmaier, is that right?
OFFICER HASHIM: Yes.
MR. ROCKIND: And did you get the sense from Mr. Wiedmaier that – you said according to the prosecutor that he was trying to quote hustle you along to get the investigation finished quickly, unquote, or something along those lines?
OFFICER HASHIM: Yes.
MR. ROCKIND: Is that based on his – his demeanor, his level of cooperation, uncooperative, all of the above?
OFFICER HASHIM: He was cooperative, but just the way I was talking to him it seemed as if he’s like, “Let’s finish this whole process.”
MR. ROCKIND: You keep using your hands kind of this way so that – unfortunately we don’t have –
OFFICER HASHIM: Basically rushing. Rushing.
MR. ROCKIND: I just want the record to show that this is kind of like nudging, rushing—
OFFICER HASHIM: Rushing the –
MR. ROCKIND: That’s the impression that you got?
OFFICER HASHIM: Yes. That’s – that’s how I felt.
MR. ROCKIND: And it sounded like you have about – you’ve been around 50 or so dead people?
OFFICER HASHIM: I – I've been around the dead bodies, yes.
MR. ROCKIND: And I assume that you’ve interviewed a fair number of witnesses over the course of your career?
OFFICER HASHIM: Yes.
MR. ROCKIND: So using all of that experience, that’s what allowed you to – to at least form that thought in your head, that this young man was sort of trying to usher you along a little – a little too quickly for your comfort?
OFFICER HASHIM: Yes.
MR. ROCKIND: So I assume you asked him, “Why are you trying to hustle us along? What’s your problem? What’s the deal?” right?
OFFICER HASHIM: I don’t recall if I asked him that question or not.
MR. ROCKIND: Well –
OFFICER HASHIM: As I explained to you, he was very – he was cooperative.
MR. ROCKIND: Right.
OFFICER HASHIM: But that’s the impression I received from our conversation.
MR. ROCKIND: And then when this other young man came back his name was – identified himself as Connor?
OFFICER HASHIM: Connor, yes.
MR. ROCKIND: And did you communicate with this young man at all?
OFFICER HASHIM: Yes.
MR. ROCKIND: And was he trying to hustle you along as well?
OFFICER HASHIM: No.
MR. ROCKIND: He was entirely cooperative?
OFFICER HASHIM: Yes.
MR. ROCKIND: Nothing else, your Honor, thank you.
THE COURT: Any redirect?
MS. HAND: No, your Honor.
THE COURT: Thank you for your testimony.
OFFICER HASHIM: Thank you, your Honor. Thank you very much.
(September 27, 2019 1:42 p.m witness excused)
September 27,2019: Next witness Detective Balog (Part 2)
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