By Misha Berman
During the afternoon of January 28, in Department 14, a preliminary hearing was held for Defendant Michael Klutsenbaker, who is being charged for driving with expired registration. According to both Officer Jeffrey Vignau and Officer Mathew Muscardini, of the Davis Police Department, when they pulled Mr. Klutsenbaker over and searched his car they also found marijuana, a canister of pepper spray that had the label “Tear Gas” on it, and a bag of ammunition. Today’s afternoon preliminary examination consisted of witness testimony from Officers Vignau and Muscardini, who described what they saw, why they pulled Defendant Klutsenbaker over and what they found in his car.
The first witness that was called was Officer Vignau, who said that he asked Mr. Klutsenbaker for his driver’s license and for any other form of identification. Officer Vignau pointed out that he did not see Officer Muscardini find the pepper spray or does not remember when he was told about the pepper spray. He also doesn’t remember whether the ammunition or pepper spray was found first.
“I didn’t find any other contraband before Officer Muscardini found the pepper spray and ammunition,” stated Officer Vignau.
Deputy District Attorney (DDA) Carolyn Palumbo asked Officer Vignau why he checked the defendant’s car. Officer Vignau responded that there was a gardening tool in the car and he wanted to check the VIN (vehicle identification number). DDA Palumbo sat down and Deputy Public Defender (DPD) Richard Van Zandt stood up and asked Vignau whether he checked the VIN. Officer Vignau responded that he did and he realized the license plate matched.
Mr. Van Zandt had no further questions. Officer Vignau was then dismissed. Judge David Rosenberg then called for recess but, before he left the bench, he said that he was disappointed that this preliminary hearing had been going on for 90 minutes with only one witness questioned.
After recess the second witness, Officer Mathew Muscardini, was called to the witness stand. According to Muscardini, on December 15, 2015, he was on patrol in Davis and was partnered with Officer Vignau, when he saw Defendant Klutsenbaker driving a Toyota and noticed that his license plate tag was expired.
Officer Muscardini then said that when he pulled over Klutsenbaker, he approached the passenger’s side and that “Ms. S” was sitting in the passenger seat. According to him, Officer Vignau approached the driver’s side where Klutsenbaker was. He said the window was partially opened on the passenger’s side and he asked Ms. S to roll down her window. He described what he saw through the window.
“I saw rolled up marijuana and it was next to the gear shifter. I then told Officer Vignau what I found,” said Muscardini.
Officer Muscardini said that Officer Vignau then told both Ms. S and Mr. Klutsenbaker to exit their vehicles. The officers then searched the vehicle and, while doing so, Muscardini saw more marijuana and a small canister of pepper spray that said “Tear Gas” on it.
“I found lots of items in the car, such as a sleeping bag,” said Officer Muscardini.
Muscardini also said he found a black nylon bag in the trunk. Inside the bag was a plastic container, which was full of ammunition and bullets without casings. According to Officer Muscardini, there was a total of 156 rounds.
“There was no paperwork,” said Officer Muscardini.
According to Muscardini, he found another similar black nylon bag with ammunition in it as well, and paperwork regarding the vehicle Klutsenbaker was driving. Muscardini said that Klutsenbaker told him the pepper spray was found in the trash, and the defendant denied any knowledge of the ammunition that was found.
Officer Muscardini then said he does not know the difference between pepper spray and tear gas, when Mr. Van Zandt asked him about that.
Van Zandt then played a video showing what happened the night the defendant was pulled over. According to the video, Officer Vignau told Ms. S to step out of the vehicle, and he questioned her. Van Zandt paused the video then asked Muscardini whether he remembered when he noticed the rolled up marijuana “joint.” Muscardini said he does not remember. He then said that he mentioned the joint after Vignau asked Klutsenbaker if they could search the vehicle.
Muscardini said that he then left the joint but removed the contraband, then took pictures. Van Zandt next asked whether the officer had probable cause to search for possession of marijuana. Officer Muscardini said he did not.
At the end of the preliminary hearing, Van Zandt told Judge Rosenberg he is not contesting the fact that Klutsenbaker’s vehicle was stopped, but only the searching of the vehicle. Van Zandt said the issue is whether suspicion of marijuana possession can be surmised by just looking in the window of somebody’s car, and Mr. Van Zandt told Judge Rosenberg that he would like to collect more evidence.
DDA Palumbo then told Judge Rosenberg that she believes that is irrelevant because they were looking for documents for a vehicle with expired registration, and the marijuana was an inevitable discovery.
Judge Rosenberg ruled that Mr. Van Zandt must file his supplemental briefing by February 2, 2016, with Ms. Palumbo filing her supplemental briefing by February 5, 2016.
The review of the supplemental briefings will be on February 9, 2016, at 1:30pm.
