STATE OF MICHIGAN
SEVENTH DISTRICT COURT (VAN BUREN COUNTY)
THE PEOPLE OF THE STATE OF MICHIGAN
V Case No. 13001746FY
SCOT DAVID GRANKE,
Defendant.
______/
PRELIMINARY EXAMINATION
BEFORE THE HONORABLE ARTHUR H. CLARKE, III, DISTRICT JUDGE
South Haven, Michigan - Wednesday, December 18, 2013
APPEARANCES:
For the People: Ms. Susan Zuiderveen, P76985
Mr. Eric Jenkins P77863 Assistant Prosecuting Attorney
1007 East Wells
South Haven, Michigan 49090
(269) 637-5258
For the Defendant: Mr. John Frost P71389
Mr. CalebGrimes P77551 Attorney at Law
401 Center Street
South Haven, Michigan 49090
(269) 637-2000
Recorded and transcribed by: Laura M. Canaan CER-3535
Certified Court Reporter
TABLE OF CONTENTS
WITNESSES: PEOPLE:Page
Marlene Granke
Direct examination by Ms. Zuiderveen 4
Cross-examination by Mr. Frost 14
Redirect examination by Ms. Zuiderveen 22
Recross-examination by Mr. Frost 24
Trooper Evan Hauger
Direct examination by Ms. Zuiderveen 27
Cross-examination by Mr. Frost 49
Redirect examination by Ms. Zuiderveen 64
Exhibits Marked Admitted Withdrawn
Exhibit 1 35 37
South Haven, Michigan
Wednesday, December 18, 2013 - 1:39 p.m.
(Court, counsel, and all parties present)
THE COURT:I have file 13 001746 in the name of Scot Granke. Is that you, sir?
THE DEFENDANT: Yes sir.
THE COURT: Mr. Granke, you are present with your attorney, Mr. Frost. Mr. Frost, are you ready to proceed today?
MR. FROST: I am, Your Honor.
THE COURT: Thank you.
Ms. Zuiderveen, are you ready to proceed?
MS. ZUIDERVEEN: Yes, we are, Your Honor.
THE COURT: Thank you.
Any preliminary matters that the Court must address prior to beginning?
MR. FROST: It is my understanding that the prosecutor intends to call two witnesses in this matter, Mrs. Granke and Detective Trooper Hauger. As long as Mrs. Granke is called first, I won't need to sequester witnesses here.
MS. ZUIDERVEEN: And the People are actually calling her first so there shouldn't be an issue, Your Honor.
THE COURT: Thank you. And under sequestration we always allow the investigating officer to be present in the courtroom. With that concept in mind we are happy to proceed. Anything else, Mr. Frost?
MR. FROST: No, Your Honor. Thank you.
THE COURT: Ms. Zuiderveen?
MS. ZUIDERVEEN: No, Your Honor.
THE COURT: You may proceed then, ma'am.
MS. ZUIDERVEEN: Thank you. The People call Marlene Grankeas our first witness.
THE COURT: Thank you.
Ma'am, if you would come over to the chair. Before you have a seat, if you would stop, raise your right hand.
Do you solemnly swear or affirm that the testimony you are about to give shall be the truth, the whole truth, and nothing but the truth?
THE WITNESS: I do.
THE COURT: Thank you. If you would have a seat there, please, ma'am. Ma'am, that microphone just records your voice, it doesn't make it any louder. So if you would speak loud enough so the individuals at the two tables can hear you. Thank you.
Marlene Granke
(At 1:42p.m., sworn as a witness, testified as follows)
DIRECT EXAMINATION
BYMS. ZUIDERVEEN:
QCan you state your name and spell your last name? Would you spell your first and last name for the record?
AMy name is Marlene Granke. M-a-r-l-e-n-e Granke, G-r-a-n-k-e.
QThank you. And where do you live, Mrs. Granke?
ACurrently living in Kalamazoo.
QWhere did you live actually when this incident occurred on August 21?
AI lived in the marital home in Bangor.
QAnd do you know that address?
A27035 County Road 215, Bangor.
QIs that Arlington Township?
AYes, it is.
QVan Buren County?
AUm-hum.
THE COURT: Did you say yes to that?
THE WITNESS: Yes.
THE COURT: Van Buren County, is that in Van Buren County?
THE WITNESS: Yes.
THE COURT: Okay. Thank you.
MS. ZUIDERVEEN: Thank you.
BY MS. ZUIDERVEEN:
QAnd then how long did you live there prior to moving?
AI believe it was six or seven years.
QOkay. And then when did you move?
AOn October 31st.
QOf this year, correct?
ACorrect.
QAnd then do you know the defendant?
AYes, I do.
QAnd how do you know the defendant?
AHe is my husband.
QAnd you are still currently married legally at this time?
AAt this time, yes.
QAnd did you call the police on August 21st of this year?
AYes, I did.
QAnd can you tell the Court why you called the police?
AI can't remember which situation that was.
QOn the 21st. It would have been, it would have been right before Detective Trooper Hauger came to your home?
ABecause I had concerns about what was in my home.
QAnd can you tell the court what was in your home?
MR. FROST: Your Honor, at this point I would like to log an objection. Mr. Granke wishes to invoke the doctrine of spousal privilege here, spousal immunity. They are still currently married.
THE COURT: Ms. Zuiderveen.
MS. ZUIDERVEEN: They are estranged and at this point Mrs. Granke would like to testify and actually was part of this in calling the Trooper and I do feel that she is an integral part of the entire incident.
MR. FROST: That may be, but Mr. Granke has an ability to invoke that privilege, Your Honor.
THE COURT: He -- it is for confidential communications if I understand the privilege correctly and if we are going to get into conversations we may be able to invoke privilege and such as that, but if she wants to testify as to what she knows of her own free knowledge she may testify to that and there is no privilege communications. So, she may continue to testify.
MR. FROST: Thank you, Your Honor.
MS. ZUIDERVEEN: Thank you, Your Honor.
THE COURT: You are welcome.
BY MS. ZUIDERVEEN:
QSo, going back, you stated that you had concerns when you called the police. Can you tell me what the, tell the Court what the concerns were that you had?
AI was afraid that my husband had more marijuana than he was allowed.
QAt the house that you were living in?
AAt the house that we were living in, yes.
QSo you say more than he was allowed. So you understood that he was allowed a certain amount and that he was over that amount?
AYes.
QAnd why did you feel that he could have a certain amount?
ABecause I have heard that there is certain amounts that you are supposed to have and I just --
QBecause he had a medical marijuana card, is that correct?
AThat is correct.
QOkay. And why did you think he was over?
ABecause at one time I was able to be in the grow room.
QOkay. Okay. And so did you participate in the growing of the marijuana or participate in this and that is how you saw it?
AAt first, yes, I did.
QOkay. You say at first, how long ago was that?
AI can't remember the exact date.
QCan you give me an idea in terms of was it days, months, years?
AFor a couple months.
QCouple months? So you had, so you did it for a couple months or it has been a couple months since you were involved?
AIt was done a couple months.
QTotal?
AYes.
QAnd then do you remember how long ago that was?
ANo, I don't.
QOkay.
AExactly.
QSo you didn't have any involvement in what was at your home when you called the police at that time?
ANo, I did not.
QHow long had it been since you had any involvement?
AQuite a few months.
QOkay. Probably more than six?
MR. FROST: Objection. She answered the question, Your Honor, the prosecutor is leading the witness at this point.
THE COURT: I will let the prosecution ask if she has any idea what quite a few months terms out to be.
MS. ZUIDERVEEN: Thank you, Your Honor.
BY MS. ZUIDERVEEN:
QSo you think it was more than six months?
THE COURT: You don't have to ask specifics. Just can she put a definition to it.
MS. ZUIDERVEEN: Okay.
THE COURT: You said quite a few months. Do you have any idea what quite a few months means?
THE WITNESS: I am going to say at least six months.
THE COURT: You may continue.
MS. ZUIDERVEEN: Thank you, Your Honor
BY MS. ZUIDERVEEN:
QAnd so you called the police officers to your home and then they arrived on that day, on August 21st is that correct?
AThat is correct.
QOkay. And then do you remember talking to them?
AYes, I do.
QWhat did you tell them at that time?
AI told them that I was afraid of the marijuana being in the home and that I didn't want it there anymore.
QDid you show them the marijuana at that time?
AI was unable to because I was locked out.
QSo where was the marijuana located?
AIt was in the garage.
QOn the property where your home was at?
ACorrect.
QIt is attached to the house?
ANo, it is not.
QSo, a detached garage and it was locked?
AYes.
QAnd you did not have any access to it?
ANo, I did not.
QOkay. And you did not have keys. Did the officer search any other parts of your house?
AYes, they did.
QOkay. And what were they searching for at that time?
MR. FROST: Objection. Speculative.
THE COURT: She can answer what she has to her own knowledge.
BY MS. ZUIDERVEEN:
QDid you allow the troopers to search your home?
AYes, I did.
QWhat did you tell them to search for?
AI told them that there were weapons in the house and there wasn't supposed to be weapons where there was marijuana.
QAnd so you gave them permission to search your home, is that correct?
AYes, I did.
QAnd did you give them permission to search any other area?
AI told them that they were allowed to go wherever they needed to go.
QAnd so then they were able to go -- was there an outbuilding that they went to?
AYes, there was.
QOkay. But not the detached garage? Is that an outbuilding in addition to the detached garage?
AThe detached garage was locked.
QOkay. And then there is a separate outbuilding that they also searched, correct?
AA pole barn.
QOkay. Okay. A pole barn. Okay. So were any of the guns yours in the home?
ANot in the home.
QAny of the guns yours in the pole barn?
ANo. It was not.
QAnd then did you show the detectives the guns?
AYes, I did.
QOkay. And did you contact the detectives, so this was on the 21st of August on a Wednesday, so after they left did you contact them a few days later?
AYes, I did.
QOkay. And why did you contact them later?
AI can't remember if it was because there was more marijuana that was found or if there was more weapons that were found and I didn't want to be responsible for anything found in the house.
QSo, did they take the weapons on the first day, on the 21st when they came to your home?
AYes.
QAnd so then you had found additional --
AYes.
Q-- either weapons or marijuana --
AYes.
Q-- and then that is why you called? Okay. Okay. And then how did you discover that marijuana or those weapons? Do you remember?
ATrying to clean the house.
QAnd then where was that located?
AThe weapons?
QWhatever you called them about the second time, the marijuana or the weapons, was that in the house?
AThere was a couple extra times that the officers were called out. I had found more marijuana. I had also found more guns. I found guns in the house and I found marijuana in the garage after it had been searched.
QOkay. The detached garage after it had been searched. Okay. Okay. I just want to clarify, none of the marijuana was yours?
ANo, it was not.
QAnd none of the guns taken were yours?
ANo, they were not.
QHow long did you know the marijuana was there then?
AFrom the beginning.
QOkay. And why did you call on that day, on the 21st? What made you call from the point that you knew about it up until that point?
ABecause when it started everything was supposed to have been done the right way. It wasn't supposed to be told to everybody in the neighborhood and I became scared because everybody, a lot of other people had approached me saying that they knew we had marijuana. I had kids approach my daughters at school about the marijuana.
QAnd I forgot to ask you, you had told me how long you lived in the house, how long did the two of you live in the home together?
AWe both lived in the house up until he moved out in, I believe it is late June.
QIn June of this year, correct?
AYes.
QOkay. So, did he come back to the house after June, after he moved out?
AYes, he did. He would come back and see his son and then he would go out in the garage.
QTo the detached garage, or --
ATo the detached garage.
QThe one that you did not have access to at that time?
ACorrect.
QAnd then before when you called the police on the 21st of August, how long had it been, do you remember, since he had been to the detached garage and to your home?
AI don't understand the question.
QHow long had he, when was the last time he had visited the detached garage at your home before the 21st? Was he there on the 21st, or --
AI believe it had been maybe a couple weeks.
QCouple weeks.
MS. ZUIDERVEEN: No further questions, Your Honor.
THE COURT: Thank you. Mr. Frost.
CROSS-EXAMINATION
BY MR. FROST:
QMrs. Granke, none of the guns that were seized were yours, but many of the guns on the property were yours, isn't that correct?
AAbsolutely not.
QYou didn't have any, none of those guns on that property were yours. Is that what you are telling the Court?
ANone of those guns were mine.
QOkay. You were a resident of that home on your own starting around the first part of June, is that correct?
AApproximately that date, yes.
QSo that is when Mr. Granke moved out, first part of June, right?
ASomewhere in there, yes.
QOkay. And that was because you two were going through a divorce, is that correct?
ACorrect.
QWould you, would you, is it safe to assume that that is a contentious divorce?
ASimpler terms.
QDo you understand, you don't understand what contentious, okay. Is there a lot of anger?
ANot that much.
QBut there is some?
AThere is some.
QAnd you are currently still undergoing that divorce, is that correct?
AThat is correct.
QWas there a custody battle?
AYes, there was.
QYou were actively involved in this grow operation at one point, weren't you?
ANot exactly active.
QOkay. You were involved in it, weren't you?
AIn the beginning when it was legal, yes.
QWell, we have not yet determined that it wasn't legal at this point. So, I will ask to strike that statement from the record. But I think we clarified you were involved in the grow at some point, correct?
AIn the beginning, yes.
QOkay. You were actually a registered caregiver, is that right?
ANo, I am not.
QYou were at one point?
AAt one point, yes.
QDo you had medical marijuana patients, is that correct?
AI was told --
QMa'am, my question is, did you have medical marijuana patients at some point?
AI did not have medical marijuana patients. I didn't see anyone.
QOkay. Were you listed as a medical marijuana caregiver for patients at some point?
ACorrect.
QThat is a yes?
AYes.
QNow, Mr. Granke moved out around the beginning of June and it took you close to three months to call the police with respect to your concerns that there were guns in the home. Why is that?
AWhy did it take so long?
QYes.
AI was scared. The guns had been in the house for a long time. I had gotten used to, over the years, them building up. I began to get scared because there was somebody that was seen outside the house multiple times. I began getting scared that somebody was going to break in.
QWho is that somebody? Do you know?
AI have no idea.
QThere was someone seen outside of your house on multiple times?
AThere was a truck outside my home.
QOkay.
AMultiple times.
QWhen did you file for divorce?
AI am not good with days.
QOkay. But it was only after Mr. Granke moved out and the divorce became contentious with a custody battle that you actually called the police, is that correct?
AAt that time I didn't have to be scared. He wasn't in the house anymore.
QWell, please answer my question. It was only after Mr. Granke had moved out and the divorce had become contentious and involved a custody battle, only at that point did you call the police, correct?