OPD wants to see more docs in case vs man who rammed another car

The Office of the Public Defender has asked the Superior Court to order the Office of the Attorney General to produce all notes, police reports, and videos taken by the government in connection with the case against a 68-year-old man accused of trying to run over a man with a car and repeatedly ramming a parked vehicle in Kagman 3.

Assistant public defender Vina Seelam, who is counsel for Vicente Basa, asserted Monday that the only evidence the government had provided to Basa was the complaint and affidavit of probable cause.

At the hearing, the OAG offered only one witness, police detective Daniel Kaipat, Seelam said, who attested to various facts that he learned both from witness interviews he did himself as well as observations and interviews made by police officer Christopher Mendiola.

She said Kaipat also offered testimony based on his observations of a cellphone video of the incident, which was taken by another person. According to Kaipat, the person who took the video gave him a copy, which he then copied and gave to the OAG.

Seelam said none of the notes or reports were provided to the defense prior to the preliminary hearing, and that the OAG also failed to provide a copy of the video.

Tthe preliminary hearing was suspended and continued to Sept. 9, 2020, to allow for briefing and argument related to Basa’s request for materials relevant to the hearing.

Assistant attorney general Steven C. Kessell filed an information charging Basa with assault with a dangerous weapon, two counts of assault, two counts of criminal mischief, disturbing the peace, driving without a driver’s license, reckless driving, and theft of vehicle.

After it was established during cross-examination that Kaipat had relied on the various witness interviews and the video when seeking to establish probable cause at the preliminary hearing, the defense asked the court to order the OAG to provide all notes, police reports, and video to the defense.

Seelam said the defendant has both a statutory and a constitutional right to effectively cross-examine the government’s witnesses at a preliminary hearing, and effective cross-examination requires the disclosure of materials relevant to the probable cause determination prior to the preliminary hearing.

She said the defense should have the opportunity to verify Kaipat’s testimony using the original witness statements themselves.

According to Kaipat in his report, the Department of Public Safety received a call last Aug. 3 at 5:15pm about three persons fighting along Lalangha Avenue in Kagman 3.

Kaipat said investigation showed that earlier that day at 4:30pm, Basa tried to rent a vehicle in As Lito but, when the owner asked him for his driver’s license, he said the company should have his record because he had previously rented vehicles from the company. As the owner was checking if there was such a record (there was none), Basa left the area with a 2005 Toyota Matrix.

The owner and his brother then followed Basa on their own vehicle to Kagman 3, where Basa stopped the vehicle in the middle of the road. The owner approached Basa, who was still inside the car, and asked for his driver’s license. Basa told the owner that he will borrow someone else’s driver’s license. The owner refused and told Basa he will refund his money and to return the car.

Basa got mad, got out of the car, and tried to hit the owner’s head with his fist but the owner blocked it with his arm. Basa also approached the owner’s brother and also tried to punch him in the head but the attack was also blocked.

Basa got into the Matrix car and drove toward the owner, who jumped out of the way. The brothers then ran to a nearby house for safety. Basa then kept ramming the vehicle that was parked outside the house.

Police learned that the vehicle was owned by Richard Basa. The report did not mention if the two Basas are related. Defendant Basa then left the scene. At 7:42pm that same day, police arrested him. (Ferdie de la Torre)