Marie Sadanaga — Direct/Cross/Redirect
141 linesMS. BREDEHOFT: Your Honor, our next one would be Detective Sadanaga, S-A-N-D-A-N-A-G-A [sic]. It's about 20 minutes.
THE COURT: All right. Let's go ahead and have that witness.
MS. BREDEHOFT: And we start the questioning in this, Your Honor.
THE COURT: All right. Thank you.
THE COURT: MARIE SADANAGA, being first duly sworn, was examined and testified as follows:
MS. BREDEHOFT: State your name and business address for the record, please.
MARIE SADANAGA: Marie Sadanaga, M-A-R-1-E, Sadanaga, S-A-D-A-N-A-G-A. And my business address is 100 W. First Street, Los Angeles, California.
MS. BREDEHOFT: And what is your current occupation?
MARIE SADANAGA: I am a detective with the Los Angeles Police Department, and I am the department's domes tic violence coordinator.
MS. BREDEHOFT: What does it mean to be the domestic violence coordinator for the department?
MARIE SADANAGA: So, I am recognized as the person most knowledgeable about domestic violence. I oversee how our department, as a whole, responds to domestic violence.
MARIE SADANAGA: So I don't investigate cases right now myself. I make sure that officers and detectives are responding to domestic violence how California State Penal Code wants us.
MS. BREDEHOFT: How long have you been with the LAPD?
MARIE SADANAGA: Years.
MS. BREDEHOFT: What, if any, policies, procedures, and protocols are in place at the LAPD for domestic violence cases separate from other types?
MARIE SADANAGA: So, once we determine there is domestic violence, we have to determine whether there's a crime. Every time we respond to a domestic violence call, per state law, we need to document whether it's a crime or just an incident, which would be when there is not a crime, but there's still paperwork done. So that is part of the officer's investigation.
MS. BREDEHOFT: Now, I had asked a little earlier about when the victim is reluctant to press charges. If patrol officers saw property damage or marks on the face of the victim, even if the victim was not cooperating and did not want to press charges, what would the patrol officers' obligation be, back in May 2016, on a domestic violence call?
MARIE SADANAGA: If officers determined that there was domestic violence, even if a victim is reluctant, our policy is they still make that arrest, if a suspect is there, or take the report.
MS. BREDEHOFT: So, if there are -- when the patrol officers arrive at the scene, and this is May 2016, and there are four people that are present at the scene, how many of those individuals are the patrol officers obligated to interview?
MS. BREDEHOFT: So I'm going to show you the incident call here, and it goes down and has domestic dispute, and then it says "met with victims, looks like check location, verified husband left, victim advised verbal dispute and refused to give any further information, issued business card." Do you see that?
MARIE SADANAGA: Yes.
MS. BREDEHOFT: Okay. In May of 2016, was the language "victim advised verbal dispute" language that I was -- that patrol officers were trained to provide when they were not going to document anything from the scene?
MARIE SADANAGA: It can vary, but officers would commonly use the phrase "verbal dispute" to document when a report was not taken.
MS. BREDEHOFT: I'm going to ask you to take a look at what has been marked as Deposition exhibit number 8. It's dated November 24, 2014, and it's subject domestic violence supplemental report. And it says "The Domestic Violence Supplement Report, Form 15.40.02, has been revised to provide a more concise picture of the history and needs of the victim for the purpose of investigating the crime of domestic violence."
MS. BREDEHOFT: Do you see that?
MARIE SADANAGA: Yes.
MS. BREDEHOFT: What is your understanding of why the LAPD decided that they needed to create a supplemental report form that would give a more concise picture of the history and needs of the victim for the purposes of investigating the crime of domestic violence?
MARIE SADANAGA: The supplemental includes a lot of questions that are required by California state law. So we included that on it. And the original supplemental was actually created a lot earlier, I believe in 1999. This revision of it added some specific questions to help us look at - kind of to do a risk assessment. I'm not sure if the supplemental is attached to this form, but on the supplemental, there's a section where, I believe, there's, like, 70 yes-or-no questions. That is what was added during this revision.
MS. BREDEHOFT: Detective Sadanaga, I'm going to show you what's been marked as Deposition Exhibit number 9.
MS. BREDEHOFT: And do you recognize this supplemental report?
MARIE SADANAGA: Yes.
MS. BREDEHOFT: Is this the supplemental form that was referred to in exhibit Number 8?
MARIE SADANAGA: Yes.
MS. BREDEHOFT: Okay. Now, if we look at this, and we start out on the left-hand column, and it has a number of different observations to make of the victim, and it includes shaking, unresponsive, crying, scared, angry, fearful, calm, agitated, nervous, threatening, apologetic, under the influence of alcohol, under the influence of other observations, and it says document. Are these typically characteristic of victims of domestic violence?
MARIE SADANAGA: Yes.
MS. BREDEHOFT: I'm going to turn your direction to the crime scene, now, and the same question. There's a number of different items on here, including location vandalized, ransacked and personal property damage, furniture disarray, broken. What is your understanding why these are included on this list?
MARIE SADANAGA: My understanding is that these are things that are typically at a crime scene or can occur, so things that we want officers to look for and mark when they take the crime report.
MS. BREDEHOFT: And as with the questions I had on the 120 characteristics that are on the list of the 121 victims, are these items that are also discussed with the police officers in their training to look for in even making the determination whether a crime has taken place?
MARIE SADANAGA: Yes, they are.
MS. BREDEHOFT: Is there a scenario under which the patrol officers decide that there's no crime but they see property damage and injury and take photographs?
MARIE SADANAGA: I mean, every situation is different. I believe -- well, one way, if we have a situation like that, that occurred, then there should be a domestic violence incident report. So there is a place to document your observations and statements from people and a reason to have those photographs.
MS. BREDEHOFT: Even if, ultimately, the officers determined that it wasn't a crime?
MARIE SADANAGA: Yes. That's why -- domestic violence incident reports are reports where there are no crime, and that is why we have them, so we can document and have a history of calls and see, in case there is ever a call in the future, that there is a prior to history of any type of domestic call, even if it was not ultimately ruled a crime.
MS. BREDEHOFT: Would that incident report include if there were interviews with witnesses and if there were any photographs or notes taken?
MARIE SADANAGA: Yes. There is still a narrative that is written, where everything, the officers' investigation and observations and any photographs, are listed.
MS. BREDEHOFT: And was there an incident report in place in May of 2016, for patrol officers to use in domestic violence calls?
MARIE SADANAGA: Yes.
MS. BREDEHOFT: Could you, please, describe the purpose of an incident report, as of May 2016, and what was included, typically, in an incident report?
MARIE SADANAGA: So for the purpose of domestic violence incident reports, we're to report when officers responded to a call of domestic violence that did not result in a crime. They are actually required, by state law, for us to document every domestic violence incident that we respond to. And in that report, it has the same -- I keep calling it a face sheet. That's not the official term. But the same as a crime report, that we would take it all in, but you fill out the information. You just do not list the suspect because we have no crime. It's the victim who was in fear that the other party may cause some type of danger to them, and that other party is, then, listed as a witness.
MARIE SADANAGA: And then there is a narrative that is included, the same type of narrative that would be in a crime report, where you would write down your source of activity, the officers would put their source of activity, and then document their investigation, the statements that anyone made, any -- as we ask on domestic violence calls, what type of relationship it is, how long, you know, they've been together, any prior incidents of domestic violence, all that would be included in the narrative of an incident report.
MS. BREDEHOFT: And would any photographs or other notes also be included in that incident report?
MARIE SADANAGA: Yes. They can be, if there "as I anything that they saw that officers believed needed to be documented in there.
MS. BREDEHOFT: And where would an incident report, and I'm, again, back in May of 2016, where would that I 6 be filed or stored once the patrol officers were ! 7 done with their shift for the day?
MARIE SADANAGA: The officers would turn in their reports, including any incident reports, to the watch commander, who would read over it and sign it off. And if it is approved, it would go to our records unit at that division to create a report number on it, and then it does get assigned to a detective, just so that we have it on file in case there's any future incidents.
MR. MONIZ: Do those two officers, at some point, have to make a determination as to whether domestic violence has occurred?
MARIE SADANAGA: Yes, they do.
MR. MONIZ: Okay. What criteria do officers use to make that evaluation?
MARIE SADANAGA: They use the interviews with the parties that are there, what they observe at the s scene, even what they observe, like, of the victim and the suspect. Every situation is different, but it's really, like, taking in the whole -- the I whole 360 of where you are and what's occurred so they can get all information to make that educated Ito determination that a crime has occurred.
MR. MONIZ: Can you, just generally, describe for I me the circumstances under which a domestic incident report is used?
MARIE SADANAGA: We take an incident report when we determine there is no crime, but that one of the parties is in fear that either their life was in danger or they could be a victim of some type of serious bodily injury. But then the third incident you would have, or where we don't take the incident report, is where both parties state it was an argument, there was no physical injury, I wasn't -- both parties say we weren't afraid that the other was going to do any type of harm to me.
MR. MONIZ: Okay. And so, in that case, in that third case that you've just described, would there be any documentation required, typically?
MARIE SADANAGA: On the - that third one, when we don't have the fear, so it makes it no incident report. It's only documented on that daily field activity . report.
MR. MONIZ: Ms. Bredehoft asked a line of questions, earlier on in the deposition, about victims of domestic violence being reluctant to come forward and speak up.
MR. MONIZ: Do you recall that?
MARIE SADANAGA: Yes.
MR. MONIZ: Is that a significant problem in dealing with domestic violence calls?
MARIE SADANAGA: Yes.
MR. MONIZ: Is that a problem that you've personally experienced on your own calls?
MARIE SADANAGA: Yes.
MR. MONIZ: Okay. When confronted with a person who is unwilling to make a statement, is there much that a police officer can really do if you have somebody who just refuses to make a statement and refuses to indicate that they have suffered violent abuse?
MARIE SADANAGA: It's -- not too much. Usually, we try to -- we teach them to talk about the cycle of violence and power and control and see if we can, you know, start a rapport with the victim and get them to discuss. But if they really don't want to tell us, we can't force them.
MR. MONIZ: If a potential victim has visible injuries or there are indications at the scene that there has been some sort of violent episode, does the fact that that potential victim refuses to make a statement mean that the officers can't go forward?
MARIE SADANAGA: No. Not necessarily. They would need to investigate more, but you do have the visible injury and, you know, evidence of some type of struggle, so they would need to try to get that probable cause to determine that there was a crime that created that injury.
MS. BREDEHOFT: There were a number of questions asked about if observed injury, if observed property damage, back and forth, and both of us have asked !
MS. BREDEHOFT: You a lot of questions about this. And so, I just want to make sure that it's very clear.
MS. BREDEHOFT: If a police officer responding to a domestic violence call sees injury, regardless of whether the victim cooperates, what is the police officer's obligation? And this is as of May 2016.
MARIE SADANAGA: To do an investigation to determine if that injury was a result of a crime.
MS. BREDEHOFT: And that investigation would include what?
MARIE SADANAGA: It would include interviewing anyone that is at scene, seeing if there's any type of physical evidence of altercation, or depending on the story that as given, if there's corroboration of that. Seeing if there's any witnesses. Kind of depends. Each one's different, but just doing a thorough investigation.
MS. BREDEHOFT: If one of the other witnesses took the officers through the entire premises and showed broken glass, spilled wine, and a number of areas Is of disturbance and vandalism, what would the officers' obligation be then?
MARIE SADANAGA: The officers would still need to determine if there was enough evidence there, from these witness statements and the things that they're seeing, to determine if this injury is a I result of a clime.
MS. BREDEHOFT: What discretion do the police officers have when they see an injury on a victim when they're reporting to a domestic violence call? And this is in May 2016.
MARIE SADANAGA: The officers still need to do an investigation if there's a visible injury. Because we have to determine if there was a crime.
MS. BREDEHOFT: So one of your roles, if I understand it, is to make a determination of -- that the police officer, the LAPD, as a whole, how you're overseeing how they respond to domestic violence calls, correct?
MARIE SADANAGA: Yes.
MS. BREDEHOFT: And let me ask it just a little bit differently.
MS. BREDEHOFT: In making the determination of whether to create an incident report, what, if any, factors can the officer consider if the victim does not want to press charges but the officers still believed that an incident report is appropriate under the circumstances?
MARIE SADANAGA: It would - if an officer determines that there was not a crime, yet, there was enough there - I guess what I'm trying to say - I mean, the purpose we have to think about, we tell the officers the purpose of a domestic violence incident report is for documentation of incidents, because we know with domestic violence, there's usually a series of incidents that happen, and not all of those are crimes.
MARIE SADANAGA: So for us, as officers, we document those so if in the future there is a crime, we can go back and say there have been all these other incidents. So as an officer, we're going to take that into our analysis of the scene. And if we can't determine whether a crime has happened, we have to think about do we need to document this so maybe sometime in the future people know that this happened.
THE COURT: All right. Thank you.
THE COURT: Ladies and gentlemen, let's go ahead and take our lunch break at this time.
THE COURT: Again, do not do any outside research and do not discuss the case with anybody, okay? And we'll see you back in an hour.
THE COURT: (Whereupon, the jury exited the courtroom and the following proceedings took place.) 1 :45? live.
THE COURT: All right. So be back at Is your next witness on deposition or?
MS. BREDEHOFT: Our next witness is
THE COURT: Going to be live, right? So we'll take care of the TV then. All right. We'll see you at 1 :45.
MS. BREDEHOFT: Thank you.
THE COURT: Thank you.
COURT BAILIFF: All rise.
COURT BAILIFF: All rise. Please be seated and come to order.
THE COURT: All right. Are we ready for the jury?
MR. ROTTENBORN: Just one matter, Your Honor.
THE COURT: Sure.
THE COURT: Got everybody again.
MR. ROTTENBORN: We understood Your Honor's ruling this morning on Mr. Bercovici. We didn't think of the full sequence of how things got in.
THE COURT: Okay.
MR. ROTTENBORN: So I understand your ruling but just wanted to get the full sequence.
THE COURT: That's clear. That's fine.
THE COURT: I thought just getting the sequence I already made my ruling.
TREECE: Oh, I understand. I was just saying the disclosures were originally due on the 10th, our initial disclosures of the experts, so defendants on the 10th did disclose Bercovici on the 10th. And then following that disclosure, we supplemented to add this information that he is going to testify independent on the issues with respect to the LA --
THE COURT: Doesn't say independently.
TREECE: Well, they then submitted their disclosures indicating that they're going to put Frost to rebut Bercovici. So essentially, they've got supplemental disclosures after this that say they're going to put Frost up to rebut Bercovici. I have those as well.
THE COURT: Okay.
MR. ROTTENBORN: And I think the one that appointed -- that says the disclosures that were due on -- the second set of disclosures that they claim was in rebuttal was also our initial disclosures on the counterclaim, since the issue of the May 21st hoax goes directly to the counterclaim I think that's also for Your Honor to consider that -- that Bercovici could have been disclosed for the first time in relation to the counterclaim, because that's not --
TREECE: In the entirety of his opinion, he's not going to testify as to Frost. He's going to testify as to the experts -- I mean, excuse me -- as to the officers, as outlined in his report.
THE COURT: I have to go by designation.
MR. DENNISON: Your Honor, one of the very first lines of the disclosure says he's here to rebut Frost.
TREECE: That before it was supplemented. Following her deposition, we weren't sure if they were going to call him or not. But what they've done is they've reserved her for rebuttal. They've got rebuttal after this. So they can call Frost after this.
THE COURT: Just talking about your designations now.
TREECE: Sure. And our designations, so I mean there's the problem Oxford comma here, but the point being rebut Frost and then it says, "and will testify that two sets of LAPD officers did not follow policies, procedures, or best practices."
THE COURT: Definition of rebuttal expert is that they rebut an expert from the other side, correct?
THE COURT: Answer my question.
TREECE: Oh, yes. Part of a rebuttal expert is they rebut evidence and/or experts. So they're rebutting -- they've got the burden of proof, and we're rebutting what they I think they're using to establish the burden of proof
MR. DENNISON: Your Honor, I think you've ruled the language is clear.
THE COURT: Okay.
MR. ROTTENBORN: I think that last part is the clearest point, that they have the burden of proof on falsely--
THE COURT: It still says rebuttal expert, okay.
THE COURT: Okay. Let's go. Thank you.
THE COURT: All right. So are we ready I for the jury?
MR. DENNISON: Yes, Your Honor.
THE COURT: All right.
THE COURT: All right. Be seated. Your next witness.