[Music] and welcome to facts or frauds. >> Sir, until we meet in court, I say good day. >> Where it does call the case is of the people versus Daniel Magoo. She calls us for the people. >> Good afternoon, your honor. Alex Lauren Green on behalf of Mr. Mcoo. >> Mr. Can you speak? >> Daniel. >> Thank you. >> Your honor, the defense is ready to proceed to examination in each matter. I'd ask for a sequestration order. >> I anticipate one witness in each case. >> All right. So it should should be over. >> All right. Witnesses are ordered sequestered for what that matter. >> Actually I have >> you may have Yes. >> I have an an issue I've been requesting the last time I was here requested that the prosecution provide a explanation for the undue delay. Your honor, my advice to Mr. Mcoo was that I' I'd be handling the examination today. So just for purposes of the record, I'm advising you not to make any statements on the record at this time. Um well, I do also want to provide notice that this case is being removed uh under 28 USC 1455 to the Eastern District of Michigan under case number 25- 12440. And um do the due process violations that I've been facing? I don't know what you're talking about. The case has been removed. It's Oh, I'm sorry. I'm I'm providing notice of removal >> under case number 2512 uh 1240. >> Have you talked that over with your attorney? >> Uh I let him know, >> your honor. And my advice was I'm not going to be joining in any collateral motions or actions and that I would address the case. Are you aware of any motion that seeks to take this case to federal court? I'm not sure how that would even happen. >> Right, your honor. And and Mr. Mcoo told me that he has been seeking that action, but I informed him that I am not a member of the federal bar and I would not be joining him in any of those actions. >> Just providing notice. >> Okay. I don't know what the notice does, but I'm not I don't have something in writing indicating some procedural aspect of it or anything those lines. The court's not >> give this to you now. I would advise against >> I don't even know what it what what is >> notice of removal pursuant to 28 USC 1455 criminal. >> What does that statute read? >> Uh the criminal proceedings removed to federal court under the federal questions involving this case. And now I'm going to bite as to what federal questions because I don't think there are any federal questions. >> What's the number of violations >> which adequately a state court could handle if that were an issue. So I don't think there's any need for the court to even deal with that. I don't know that any been filed with the federal court regarding that or anything else >> filed under case 25-1244. >> Are we ready to proceed? >> Defense is ready to proceed, your honor. >> You ready to proceed? >> Yes, your honor. >> All right. >> Um, >> which case would you? >> We we were talking over you today. I apologize. Um if if it please the court could we start with the OWI matter >> that being 0523 >> I believe that's correct >> that's fine start with that one. >> Thank you. A couple of housekeeping matters. Um the court is in receipt of the amended which is just felony form. Is that correct? >> Um I do have an amended information. I do. Excellent. And uh your honor, I do believe defense is stipulating that the defendant has three prior OBY convictions. >> So stipulated, your honor. >> There's a state to the prior. >> There is your honor. >> All right. Anything else? >> Um I do think defense is going to people's exhibits 1 through 10, which are photos, but maybe not. Your honor, I did have an opportunity to review those and we would so stipulate. >> And then people's exhibit 11 is a laboratory report. I'm not sure if there'll be a stipulation to that as well. >> We would so stipulate. Thank you. >> You I'm sorry. >> So stipulated. >> Okay. So exhibits 1 through 11 are stipulated to. >> Thank you, your honor. Um >> therefore admitted. >> Thank you. I do expect that the officer in charge of the other matter will probably be informed at some point. Sequestration order is otherwise enacted and followed. So call Paul Cory to stand. >> All right. Come forward to be sworn >> take your first last name to recognize P A L C O R R I E may inquire. >> Good afternoon, sir. How are you employed? >> I'm employed with the Milan Police Department. >> How long have you been employed with the Milan Police Department? >> A little under two years full time. >> Do you have prior law enforcement experience? >> Yes, I worked Sheriff's Office prior to that for about 15 years. Were you working for the Milin City Police Department on or about March the 27th, 2024? >> I was. >> Do you recall what shift you were working that day? >> 6 p.m. 6 a.m. >> And were you ever at the location of Dexter Street and Arona Road? >> I was. >> About what time were you at that location? >> About 1:35 when I was dispatched there. >> Why were you dispatched there? Uh the 911 caller said that there was a single car crash into a near gas station in that area. >> Did the 911 caller do you have any other information in your dispatch when you were headed that way? >> Yeah, it's not being offered to prove the truth of the matter asserted. It's being offered to prove why he was headed to that location and other additional information that may have hastened his speed going that way. >> All right. I will overrule the objection regarding hearsay. I'll accept it for what it's offered for other than the treatment of the matter. >> Thank you. Did you have any other information from the dispatch? >> I believe that caller said that there was a single subject walking around outside of the car and potentially possibly injured. >> And did you make that location? >> I did. >> About Do you recall about how long it took you to get there? >> Maybe about five minutes. Less than >> less than five minutes. When you arrived, what did you observe? >> A car that was I saw a SUV that was appeared to have been crashed into a sign outside the gas station and there was a single male subject standing around the passenger side of the vehicle. >> What did you notice about the vehicle first? It was definitely crashed there and not car. >> And your honor, um, may I approach with people's exhibits 1 through 10 for the court? >> You may. >> Thank you. >> Officer Corey, you took some photographs that evening. >> Yes. >> Did you take a photograph of the vehicle as you found it? >> I did. >> Actually, more than one. Would that be fair to say? >> All right. And when you saw the vehicle, how did you determine that it had been crashed as opposed to just parked there? >> Due to the amount of front end damage that it had, it was still in contact with the signage there. >> Did you make any observations about any other parts of the vehicle? Uh it was a the windshield was smashed in a particular fashion >> and >> gohead. >> It appeared that the impact it was impacted from the inside rather than the outside. >> How could you tell that it was impacted from the inside rather than the outside? >> Is it going outward instead of inward and there was no like gouging from the outside? And when you were looking at the windshield, did you would you describe the cracking it in any particular way? >> Circular touch. >> It's probably the driver's seat. >> Did you look inside of the vehicle? >> Yes. >> Where did you observe about the inside of the vehicle? Uh there was quite a bit of personal property inside of the vehicle and the pass in all the front and rear passenger seats indicating that there was probably only one occupant at the time of the crash. >> Did you look at the windshield? >> Yes. >> What did you observe about the windshield? >> What stood out about the windshield was there was a clump of human hair attached to the cracks and the uh the impact area on the inside. How would you characterize the color of the hair that you saw? >> Uh, light brown, uh, maybe dark blonde. >> Did you make contact with any people at that location? >> Yes, there was a male subject standing near the passenger side of the vehicle when I arrived. >> Do you see that person in the courtroom today? >> Can you tell me where that person is sitting and what they are wearing? >> Seated table. Your honor, may the record reflect the witness has identified the defendant? >> No objection. >> Record sh so reflect. >> And sir, when you made contact with the defendant, uh, what did you talk with him about or what did he do? >> I I asked him what had happened. >> What did he say? >> Said I wasn't here. >> What else did you notice about his appearance? >> Uh, he was bleeding from a cut or some type of injury. At least there was a lot of blood. was not know where all was coming from. There was It appeared it was bleeding from the top of the head. Um >> did you notice anything about his clothing? >> It was disheveled. Um there was blood on it. Um front zipper was down. The zipper was down. Vance. Um >> did you look at the color of his hair? >> Yes. on based on your observations, did that appear consistent with the color of the hair in the glass inside the car? >> What happened next? >> Uh he maintain that he was not uh driving the vehicle. Um I could smell uh the odor of intoxicants coming from him. Um we uh we called for medical assistance just based on his injuries. Um, and so while they were on the way, um, asked if he would, uh, take a preliminary breath test, which he agreed to. >> Without getting into the results of the preliminary breath test, did you make a determination about what had happened that evening? >> It appeared on his face that he was driving the vehicle and it got into a a crash. Um, and it may and he may have been intoxicated while he was doing. >> Did you place him under arrest for OWI? >> Not at that time. Um, >> when did you place him under arrest for OBI? >> After when the uh after he went to the after the ambulance came, it was determined he was going to go to the hospital um while he was receiving medical uh treatment and I read in his chemical test rights. Um I advised him he was at that point that he was under arrest. >> Did he agree to take a test? >> No. >> What happened? >> Uh he refused to take a test. Uh I uh poor judgment on my part. I did not have him restrained in the hospital bed. Well, I I left to to I I believe that his injuries were significant enough that he was not going anywhere. Uh I went out to my car to start preparing a search for him for his blood. At which point a nurse came out and told me that he had fled the hospital. >> Did you find him? >> Uh with some assistance from county Sheriff's Office. Yes, I did. >> Where did you find him? >> Uh apartment complex just south of hospital. >> Were you able to take him back to the hospital? >> Yes. >> And did you complete your search warrant? >> Yes. Was it executed? >> I just just a note for the court. Uh, Sergeant Crusades um helped me prepare the search warrant while I was dealing with Mr. Hospital. However, I did review since I was going to the warrant. I did review to make sure it was accurate based on my observations at the time of the uh the incident. >> Did he make an I'm sorry. Go ahead. >> So, sorry to interrupt you, sir. While you were waiting to do the blow draw, did he make any statements to you? Um he looked at my uniform and appeared to be confused as to why he questioned me as to why uh Milin the city of Milin uh was doing all of this. And >> what did you say to him? >> Asked him where you thought where he thought he was and said he was insane. Thought he was insane. >> Did you ask him to perform standardized field sobriety tests? >> I did not. >> Why not? uh mainly due to his injuries. And even though he did uh uh or he did uh uh comply with the request for a PBT, he was generally uncooperative with most things that we were trying to get him to do or asking questions about what had happened. Um so then based on his the extent of his injuries, we were more concerned about getting the medical attention at that point. In your training and experience with admitting string ski standardized skilled sobriety tests with people who've been in traffic crashes that have injuries, is there any guidance that you've received from Nitsa on that? >> It can be uh especially with when it was clearly a head injury that was sustained in a vehicle crash. It it could have impacted the the results of the standardized field test. >> Your honor, may I approach with people's exhibit 11, the laboratory report? >> You may. >> And officer, you did receive a laboratory report back in this case. And do you recall what the BAC was? >> Believe it was 127. >> What did you do with the vehicle or what was done with the vehicle? Let me ask that. >> Do you know what happened with the license plate? >> We confiscated the plate uh as the operator at the time who we believed to be Mr. MCU had several prior convictions for suspension and operating laws to require a late >> pursuant to state law. You had to take it. >> And may I have a moment? >> May. >> I do have one question. How much time elapsed between the time you were notified that he had left the hospital and when he was located? Do you know? >> I believe it was about 40 minutes, your honor. >> 40 minutes. >> Yes, sir. >> Okay. Sorry, >> officer Cory Milin, what county is that located? >> Uh, well, that's interesting. Half county and half in Washington County. The incident itself occurred in Washington. >> Thank you. And that is in the state of Michigan, >> correct? >> Violent kind of the two counties, correct? >> Yes. >> Thank you. >> And you're pass. >> All right. cross examination. Thank you, your honor. May I inquire? Afternoon, officer. My name is Alex Warren Green. I represent Mr. Mcoo in this case. >> So, you're dispatched for a single vehicle accident, right? Right. >> And that's at a mobile gas station and the it appears there was an accident from an SUV into um the sign, the mobile sign. Right. >> Right. And like you testified on direct examination, there was a 911 call placed and that person didn't provide a name, did they? >> They may have. Uh, it is something that I didn't end up following up on. >> So, you never talked to the caller, did you? >> Not. >> And are you aware if anyone talked to that caller? >> I not aware that anyone did. So, as soon as you get there, Mr. Magcoo is on the passenger side of the vehicle, right? >> Standing outside. It's on the passenger side. >> Okay. And that car was not registered to Mr. MCU, was it? >> Correct. It was not. >> And like you testified on direct examination, he had a wound to his head, right? >> Yes. >> Bleeding pretty bad. >> Yes. It was there was an injury to the front and back of his head, right? >> There's photographs of an injury to the back. Yes. >> Okay. >> And front. >> And he appeared to be dazed. >> Yes. It was difficult to say if he was out of it due to the head injury or his level of intoxication. Maybe. And you didn't conduct the field sobriety test because you were concerned that the head injury you observed might impact the field sobriety test. Right. >> There was a possibility. Yes. >> So you testified on direct examination. You saw the windshield was smashed and you saw blood. Right. >> There's a chunk of hair in the windshield. Right. >> Yes. >> You take a picture of that? Yes. Uh I let me backtrack. Uh I started to say this. I actually took a photograph of it. Okay. >> And and most of the time you're talking to Mr. Magcoo, he was wearing a hat. You recall that, right? >> Uh I don't recall that. So it's dark outside, right? and is a yes because I don't think we get Oh, I'm sorry. You're on. Yes, it was. >> Okay, go ahead. >> And there's a significant amount of blood on his face and it's going into his hair, right? >> Correct. >> Okay. In this case, you did submit evidence to the crime lab for forensic analysis, right? >> Uh blood test. Yes. Blood sample, >> right? So, no hair follicles, right? And there was no attempt to obtain any forensic match between the hair or the blood that was found in the car with any hair or blood from Mr. Mcoo's body. Was there? >> Correct. There was none. >> Okay. On direct examination, you talked about field sobriety tests. You said you're trained in the administration of field sobriety tests, right? >> Yes. And he you forewent the field sobriety tests in this case, but no one asked him at all to perform those field sobriety tests, did they? >> That's correct. >> And after this initial interaction, when you know the ambulance arrives, he goes to Trinity Ann Arbor Hospital. Right. >> Correct. And did you accompany him in the ambulance or you follow behind? All >> okay. And you read him as chemical rights at the hospital while he's in the bed. Correct. >> Correct. >> And he refused at 2:51 a.m. Is that correct? >> And after he refuses, you leave the room to go and work on the affidavit for the search warrant. Right. >> Correct. >> And then Mr. Mcoo vanishes. >> That's awesome. >> Okay. You didn't see him leave? >> I did not. >> You had no idea where he was? >> No. >> And like you said, he wasn't handcuffed or in any way restrained to that bed, was he? >> He was not. >> And there were no officers standing at the door or otherwise supervising that room, were there? >> No. And through your investigation, you determined he's located at an apartment complex at around 3:40 a.m. Is that right? >> Uh, that's what is in the report. I think I I listed a time in there if you want me to look at refresh my memory. >> That it would refresh your recollection to look at your report. >> It would. >> Okay. Your honor, if I may approach goodness, >> you got he's got a copy that was turned over. So, if you look at that, that you believe that will refresh your recognition. >> It uh he was located about 3:40 a.m. >> Okay. >> And he's returned to the hospital. The blood draw was completed at 4:28 a.m. And of course, there's two blood draws done. So, it's 4:28 a.m. and 4:29 a.m. Does that sound right, officer? That sounds correct. >> Okay. So, in an ideal OWI investigation, you want to have eyes on the subject from the time you make the scene until the needle enters the arm. Right. >> Ideal. >> Okay. One of the reasons you do that is to make sure the subject doesn't consume anything that could impact the blood test. Right. >> That is correct. >> And Mr. Mcoo was unaccounted for for nearly an hour in this case. Right. >> That's correct. And in your search warrant affidavit, you didn't mention that, did you? >> I don't believe so. >> Thank you for answering my questions, your honor. I have nothing further at this time. >> Read your >> Thank you, honor. >> Officer Corey, um, were you able to obtain information that the defendant had previously been pulled over by a different police agency operating this car in March of 2023? And after he was recovered and brought back to the hospital, uh, did you have two deputies stand by with him and handcuffed him to the gurnie? >> I I handcuffed him myself, but uh, luckily I had a couple of deputies that were free for the the moment that were able to watch him while I finish up the search for. >> Thank you. Nothing further, honor. anything one >> may want to mute your microphone. >> Your honor, just briefly. >> Thank you, officer. >> Oh, and can I um just ask one other question before you and I'll let you ask your question. Of course, your honor. The PT if There's Alex muted. Okay. >> The PBT. >> Are people going to seek admission of that if defense is challenging the results? >> Yes, your honor. >> Pursuant to the statute, >> correct? >> And your honor, I I understand that the people could rebut that kind of challenge. I'm not sure that we have gotten to that point yet. Um the case law. >> Well, I just want to make sure that if there is going to be a challenge to the results that under the statute, my understanding is although these aren't entirely the circumstance under which it happens, but it seems to me an analysis could be made that the PBT would then become admissible. just so that defense council's aware, but you may inquire. >> Thank you, your honor. I appreciate that. >> Officer, before Mr. Mcoo was admitted to the hospital, did you yourself search him? Search his person. >> That's outside the scope of my redirect, your honor. >> Hello. Go ahead. >> He's wearing a jacket, right? >> I believe so. Yes. >> Do you go through all the pockets of that jacket? >> I probably would. Yes, I believe I did. >> Okay. >> Officer, when you completed the refusal to submit to chemical test form in this case, do you recall writing the refusal time as 1:35 military time? >> No, I don't recall that. >> Would it refresh your recollection to look at the refusal to submit the chemical test form you've completed? Yes. >> I did. Uh I don't recall why I would put that time there. >> Well, again, officer, thank you for answering my questions, your honor. I have nothing further at this time. >> All right. And >> officer Cory, you would agree with me that this says refusal date, but it does not say refusal time. Correct. It just says military time. >> Correct. >> Okay. Thank you. And um lastly, your honor, uh in anticipation of an argument that the blood result is not accurate, I would ask a question about the PBT, but if that argument is not going to be made, then I don't need to >> I would object to any mention or admission of the results of a preliminary breath test in this matter. I'm not sure that that I have raised an argument that regarding its accuracy or regarding a rising blood alcohol level or anything like that. I don't think I've opened the door to that. >> Well, I don't think you have. I just want to make sure we're prepared for the argument. But if that argument is going to be made, then I'm going to let the people question as to that. Your honor, I don't anticipate making an argument regarding a rising blood alcohol or anything to that effect at this point? Well, but are you going to make the argument that the blood alcohol resolved at the time of the test? Well, I'll just do it this way. Is it either lower or higher than the >> Your honor, I intend to make arguments on what has already been stated on the record and I'm not to that mean from the defense. I don't anticipate any further questioning regarding the blood alcohol results from either the lab or the preliminary protest. Okay. Again, that was very KY the way that was put, but I'll just put it this way. What I will do, Miss Lundy, is I will not permit the questioning at this point. However, if it is raised in argument, I may um entertain a motion by the people to reopen their proofs to take testimony regarding that if >> Thank you, honor. >> Understood. Thank you. >> I f you down, sir. Thank you. >> So, the system went down. >> Um, yeah. But >> we don't know. >> I'm not going to take a chance. Do we know when it happened? Just now. >> Just now. >> Just now. Okay. What the court's going to do is court's going to stand in recess. We need to take it back out. >> It's worked too hard today. >> All right. Hey, Magoo, you are too much. >> What kind of sh is this anyway? >> And thanks for hanging out with us on Facts or Frauds. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. And a major thank you to every one of our Facture Frauds channel members. If you'd like to become a member, just hit that join button right next to subscribe or click on the link in the description. [Music] And if you're still hanging out, thank you. I appreciate you all. Make sure you hit the thumbs up button, subscribe, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. If you'd like to become a member, you can do that, too. Till next time, I'll see you soon. [Music]