State v. Luke

The state accused Alik Luke (defendant) of attempted burglary of the home of Cindy and Derek Yamamoto and burglary of the home of Lori Kohara and Kyle Shimoda. Security systems at both homes captured footage of the incidents. The trial court admitted the Yamamoto video at trial after Yamamoto testified that he installed his security system and verified the accuracy of the video based upon his firsthand personal observations of the incident. Shimoda testified that Cam Security installed and maintained his system. Shimoda generally explained how the system operated and confirmed that it was working properly before the burglary. Shimoda was not home when the incident occurred. Shimoda learned of the incident when the police called and asked him to come to a public storage facility. Upon arrival, Shimoda identified several of his possessions, including a suitcase. Shimoda then met officers at his home and viewed his security footage, which showed a man entering the home and later leaving with Shimoda’s suitcase. The video had time and date stamps. Cam Security downloaded the video and provided a copy to the police. Shimoda confirmed that the copy the state sought to use at trial was identical to the video he viewed in his home on the day of the incident. The trial court refused to admit the Shimoda video, in part because Shimoda did not personally witness the burglary and in part because he did not install the system. The trial court subsequently dismissed the case. The state appealed to the Hawaii Intermediate Court of Appeals, arguing that the trial court should have admitted the Shimoda video.