Before Ms. Andrea Sullivan continued her cross examination of Mike McHenry, Sr. in the Demetrius Coleman case today, Judge Kelly Neel met with attorneys.
Ms. Andrea Sullivan wanted to ask McHenry about statements he made to the police and to use those to impeach his testimony from yesterday. This involved growing marijuana.
The livestream went offline while "a matter was briefly discussed." When court resumed and cross examination continued, McHenry was evasive in answering questions about financial support and about how he and his daughter Regina Osenbaugh make money. He drove the green Honda back, he said the hood was up because he may have taken the battery out and that the delay in calling police is because he lives in Hyampom and has no cell service or internet.
Jovan Ignjatovic, Regina Osenbaugh's husband was the next witness. He also signed an immunity agreement with the District Attorney. He did this an hour before testifying today. Ignjatovic is being repeesented by Mr. Russ Clanton in a case and the preliminary hearing was rescheduled for January 2021.
On direct, his testimony has been mostly similar to his wife, Regina Osenbaugh's, testimony. Almost identical about Bayfront and the one pound marijuana sample exchange and certain other testimony.
He met Coleman through a good friend a year ago but could not recall the friend's last name. Ignjatovic said the friend's first name was Dave.
Ignjatovic added a few more details in his testimony. Coleman told him he was "robbed by some black guys." Coleman was the unknown caller and Ignjatovic told him that he would call him back because he was in a meeting. Ignjatovic cannot recall if he and his wife read the online news article about Johnny Renfro being shot "the night or the next day "after Coleman stopped by with the green Honda. Before Coleman stopped by at their house on August 29,2019, he called Ignjatovic. There were missed calls because Ignjatovic did not have his phone next to him and Ignjatovic noticed them later.
On cross examination, Ignjatovic testified he met Coleman two weeks ago. He had his dates all messed up between 2018 and 2019. Ms. Sullivan tried to help him out by asking the correct year. That did not make a difference Ignjatovic flatly denied testifying on direct that he met Coleman a year ago, then changed his testimony and said he had problems with his memory because he had chemo last year for non Hodgkin's lymphoma.
Ms. Sullivan asked him later if English was his second language and about his memory and gave him a chance to fix the inconsistencies. Ignjatovic said while English was his second language, he understands it well and his memory was "semi good."
Initially, there was the denial about his case with the DA and what the charges were but then Ignjativic said "yes" that he is being prosecuted for growing illegal marijuana. "The case has been going on for 2-3 years."
This is a 2018 case that has yet to go to preliminary hearing. I posted about that case before this trial. His codefendants have already entered a plea. I have linked that post below.
Ignjatovic said he does "consulting" with cannabis growers and has not made any money yet because he is "building his base." Coleman and Ignjatovic talked about doing marijuana deals "but it never worked out."
Ignjatovic said marijuana was not grown at the Riverfront property but another property. He leased land to people growing marijuana who did not have a commercial cannabis license. This impeaches the testimony of his wife.
He denied Coleman providing him with edibles and like Osenbaugh denied receiving the million dollar cash or any money from Coleman. Ignjatovic said that his wife has three or four rentals and that is their source of income.
He repeated the phrase that Osenbaugh and he claim Coleman said. Both did not recall exact words but said it waa something to the effect of, "if three people know a secret, it is best if two are dead", Ignjatovic said he has never known Coleman to have a gun or any weapon.
Contrary to what his wife said, there has not been surveillance on the property before or after the day Coleman stopped by their house.
Ignjatovic said the police never searched their property.
Ignjatovic said that Osenbaugh was not comfortable discussing their being involved in marijuana and so they did not respond or tell the police anything when they were asked if they were involved in the marijuana industry. Ignjatovic is not a U.S. citizen and he was afraid of the "implications."
On redirect, Deputy District Attorney Carolyn Schaffer asked Ignjatovic, " Do you understand accomplice liability?"
Regarding the case he is being prosecuted for, Ms. Schaffer said, "The charges you are facing for illegal cultivation, you understand are the same as if you were growing."
Ignjatovic said yes. He had argued the point earlier with Ms. Sullivan if he was liable in the case.
Osenbaugh, McHenry, Sr. and Ignjatovic are all subject to recall. The immunity agreement does not cover perjury for testimony in the Coleman trial.
Previous post:
https://johnchiv.blogspot.com/2020/10/regina-osenbaugh-signs-immunity.html?m=1
Related post:
https://johnchiv.blogspot.com/2020/10/does-postponement-of-jovan-ignjatovics.html?m=1
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