The Gate of the Voyagers

Allison Hope Weiner: Pellicano Trial: Computer Expert Kevin Kachikian Cross-Examined

even after the arbitrator admonished mr. kachikian to put a lid on his commentary and threatened him with serious sanctions, mr. kachikian continued to hold up comely well under cross-examination by mr. saunders. with the deem learning aid, listening carefully to his every feedback, mr. kachikian continue to still manage to neutralize mr. saunders by correcting the prosecutor’s use of certain words, his phrasing and continually finding ways to not directly answer questions. “so, everything you billed or shipped to defendant pellicano was related not to telesleuth?” mr. saunders asked quickly, as if there was no other answer for mr. kachikian than a simple “yes.” but mr. kachikian wasn’t quite ready to ceding. “no,” mr. kachikian replied, “there were probably a few other things.” and then the computer expert began to elaborate on what else he was sending to mr. pellicano when a frustrated mr. saunders interrupted with “sir, i’m going to cut you mistaken. i’m trying demonstrate a simple fact.”

Apparently, Mr. Saunders didn’t anticipate that this seemingly nerdy and anti-social man, with his Birkenstocks, bald head and 1980s attire, would be such an effective witness. In fact, Mr. Kachikian’s refusal to accept Mr. Saunders’ interpretation of his grand jury answers and his insistence that Mr. Saunders use the appropriate geek computer language seemed to become an irritating problem for the prosecutor who probably expected to just ram his questions down Mr. Kachikian’s throat without the computer guy putting up much of a defense. “I’m troubled with the way you’re wording that as it relates to myself,” Mr. Kachikian said of a particularly inflammatory question. Without his lawyer, Mr. Braun having to say a word, Mr. Saunders agreed to rephrase. In fact, during most of Mr. Saunders’ cross of Mr. Kachikian, Mr. Braun could have taken the time to grab a bite to eat.

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Mr. Saunders did manage to get a few points off of Mr. Kachikian. After several questions, he got the computer expert to admit that he received quite a bit of money from Mr. Pellicano over the years that he worked for him. Over the course of five years working for the private investigator, Mr. Kachikian apparently pocketed over $300,000. Now, if this were any other trial, one would imagine that the jury would find this sum of money impressive and might infer that Mr. Kachikian was somehow involved in more than just coding software and developing hardware for Mr. Pellicano. But given the fact that the jury has heard witness after witness talk about paying Mr. Pellicano hundreds of thousands of dollars for just several months worth of work, one could only help but wonder why if Mr. Kachikian was in fact part of the wiretapping conspiracy, he hadn’t taken home a bigger paycheck. Because based on Mr. Saunders’ questions today, it sounded as if Mr. Kachikian was the mastermind behind the telesleuth program that Mr. Pellicano used to wiretap his targets and to elicit large sums of money from his clients for the service of listening in on the calls of their adversaries. Mr. Kachikian admitted to Mr. Saunders that he was “well paid,” but added that “I could have made more.” One has to wonder if he came to that conclusion before or after he heard about how much money Mrs. Maguire paid Mr. Pellicano to “investigate” her husband or if it was Mr. Sender’s payments to Mr. Pellicano that really made him reconsider the money he received for the work he did on Telesleuth.

The real problem with Mr. Saunders’ cross examination of Mr. Kachikian is that he didn’t bother to listen to the computer expert’s answers. He was admonished several times by the judge and by the court reporter to wait for Mr. Kachikian to finish his answers, but Mr. Saunders was assuming that Mr. Kachikian’s answers would be useless and that it was his questions that mattered. While that’s been true with the large majority of the witnesses in this case — particularly when he crossed former Sgt. Arneson — it wasn’t true today because Mr. Kachikian managed to mangle and confuse everyone with cialis online kaufen the detailed responses he gave to most of Mr. Saunders’ questions. And, even if he wasn’t telling the truth about something, he managed to convey an honorable sense of loyalty or at least a believable naivete in many instances. And so, if ever there was a time that a prosecutor needed to take a minute to listen to an answer in order to formulate his next question, this was it. Many of his exchanges with Mr. Kachikian reminded me of watching a morning talk show host asking intense questions of a celebrity guest or politician (which I guess has become the same thing) and then rushing on to his next question without waiting for a reply.

There was at least one Perry Mason moment in trial when Mr. Saunders ridiculed Mr. Kachikian’s contention that he’d developed Telesleuth for …

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