Judge McNally SNAPS — “Do I Look That Stupid?”

Added: 2026-05-18

[00:00:00]required of him as to whether or not he was diabetic and he and he clearly stated that he was not at the scene.

[00:00:07]Okay, fair enough.

[00:00:08]>> Yes, your honor.

[00:00:09]>> Your honor, for the record, >> yes, >> I have a flash drive that I'll put into evidence which has the videos on it.

[00:00:15]Folks, watch this. And on the video, uh officer Fields, it's at approximately 6 minutes 20 seconds on that video that the missions.

[00:00:24]>> Okay, >> I'm stipulating tonight, >> but I'll I'll receive that into evidence anyway. Thanks.

[00:00:30]>> Okay. Now, so you can call your first witness and we will go from there.

[00:00:40]>> Okay. Your honor, I have one.

[00:00:42]>> If you want to go ahead and give an opening statement, I don't have a problem. If you want to do that, if you want to do that, Mr. Gonia, that's fine, too. You can both give one or wave your right to give one.

[00:01:06]Your honor, I'm going to have a tough time pronouncing this name.

[00:01:11]>> Okay.

[00:01:11]>> So, I think it's best that I spell it.

[00:01:14]>> Okay.

[00:01:14]>> It's doctor and then it's K h a l. Is it a l or a t? It's t i. Excuse me. K H A T I B S H.

[00:01:32]>> It's a U or a H.

[00:01:36]>> A H I D I.

[00:01:40]>> So it's K H A T I B S H A H I D.

[00:01:46]>> ID ID I Dr. Katiti.

[00:01:52]Is it Dr. Kashidi >> Katip Shahiti >> Kip Shahiti. Ah, thank you. Katip, can you please come up here and be sworn?

[00:02:05]>> Can you ask her first name?

[00:02:07]>> Ma'am and and when you come up here, I'm going to ask you to pronounce it and state your first name for me. Will you do that, please?

[00:02:14]>> No. Right up to the witness chair here.

[00:02:20]>> Good afternoon. Can you raise your right hand? Do you sound so sly swear affirm under penalties of perjury that the testimonial you'll give in these proceedings will be the whole truth. So I help you God.

[00:02:28]>> Yes.

[00:02:29]>> All right. Have a seat. What is your first name?

[00:02:32]>> Batita.

[00:02:34]>> I'm sorry.

[00:02:34]>> Bula.

[00:02:36]>> Can you Can you spell that?

[00:02:38]>> B A T U L Dash B as in Lloyd I t >> Bulba. And then the last name pronounce again for me is Katep Shahiti.

[00:02:51]>> Katip Shahiti.

[00:02:52]>> Okay. Thank you very much. You can proceed.

[00:02:55]>> Okay. Thank you.

[00:02:59]Dr. First, thank you for coming through today. Um how are how do you know um my client?

[00:03:11]>> Physician.

[00:03:13]>> Collaborating physician.

[00:03:14]>> Collaborating physician. What does that mean?

[00:03:17]>> I've been with him in the sidelines with monitoring his blood glucose levels because of his family history as well as his own with diabetes, coronary artery disease, but has broken up with articulated plaque which is significant for diabetics.

[00:03:35]>> What is your specialty? What type of >> family medicine? Okay. So, you're a family doctor and you're monitoring his blood glucose levels as well as what?

[00:03:47]>> His blood pressure, heart rate, anything else.

[00:03:55]>> His basic labs, regular labs, cholesterol levels, uh corateed arteries, heart.

[00:04:04]I've seen him in stress test.

[00:04:06]How long have you been seeing him? How long has he been a patient of yours?

[00:04:12]>> Well, he's been a patient of Dr. Kazov, family medicine physician, and I was collaboration with her.

[00:04:20]>> How many times have you seen Mr. Pastor >> Morgan?

[00:04:27]>> Okay, go ahead. Oh de um what is the difference between pre-diabetes and di diabetes?

[00:04:37]>> Well pre-diabetes is a diagnosis with the A1C of 5.7 to6.4 and diabetes is 6.4 and up. In the case of diabetics where in considered diabetic anyone with an A1C above 5.7 with a history of high blood pressure is considered diabetic. Even though the range is 5.7 on lab and you have been a study of high blood pressure history and heart disease and vaming we consider diabetes treated as such to prevent it from getting worse.

[00:05:14]>> Okay. Thank and he has hypoglycemia as well.

[00:05:17]>> I'm just going to put this out. Sean Bowman, um when I get blood testing done, it's like sometimes 8, 9, and he says it should be seven um or closer to seven.

[00:05:32]What does that mean? Depending on age and risk factors, below seven is safe in some people. However, the actual is 6.4 is considered diabetes. 5.7 is considered diabetes, but you have history of high blood pressure. Family history and risk factors.

[00:05:50]>> So 5.7 is you said I thought you said it was pre-diabetic.

[00:05:55]>> 5 >> 5.7 6.4 is pre-diabetic.

[00:06:00]>> Correct sir. However, when you have a history of high blood pressure, family history, anyone with A1C 5.7 and up is considered diabetic to be treated as such. not meaning insulin meaning you do the risk factor risk factor modification to prevent it from getting worse. Eye doctors all the eye doctors consider diabetes 5.7 and up. Doesn't matter whether it's pre-diabetic they call it diabetic.

[00:06:30]>> You have your medical records with you medical records of >> Mr. Pastor. Okay. Go ahead. Thank you.

[00:06:39]Um, so for instance, let's say I'm eight or seven and they call me pre-diabetic.

[00:06:49]Would that be correct or >> no? Okay. Um, thank you.

[00:06:55]>> The what is and you already talked about a pre-diabetic.

[00:07:00]Um, does a pre-diabetic do you know about acetones?

[00:07:06]>> Absolutely. And please explain what acetone is.

[00:07:10]>> Acetones are what um can build up in your blood with significant stress of muscles or with fasting and build up because your body goes into a state of ketosis becoming acidic to compensate for the blood glucose levels that are high or low depending on the exertion level and whether you are fasting or not. If someone is diabetic or pre-diabetic, would the acetones be higher?

[00:07:41]>> Yes.

[00:07:42]>> Um, is it a form of ethanol?

[00:07:46]>> Is not a form of ethanol? It's acet acetone.

[00:07:51]>> Okay.

[00:07:51]>> Is a type of I guess acid in the body. Same as ethanol, but it's different.

[00:07:59]>> Can um that be emitted out of your mouth when you talk or talk? Yes.

[00:08:05]>> Will it um if somebody's pre-diabetic or diabetic?

[00:08:11]>> Are they usually on medication of some sort?

[00:08:14]>> Yes.

[00:08:14]>> Um what type of medication was um my client on?

[00:08:19]>> Metformin.

[00:08:21]>> And what is that?

[00:08:22]>> Metformin is for diabetes,000 milligrams once or twice a day.

[00:08:27]>> Okay. Was did he take any shots?

[00:08:30]>> No.

[00:08:31]>> Okay. And you said he takes a prescribed once or twice a day.

[00:08:36]>> Metformin. Yes. And that is known to cause metabolic acidosis in people who are fasting, which is why we do not give it when you're admitted to hospital cuz you're already not eating as much.

[00:08:46]You're already in fasting mode. So anyone who is on metformin at home is not on metformin when you're in the hospital cuz you become acidotic. It it makes ketones in your urine, in your breath. That's why his CO2 was high in his blood levels too which is reported in his labs as well as can be detected as a acetone in the breath that's how you can tell um if you're going to measure by an instrument measure somebody's blood alcohol content and somebody blows into it the tube or whatever blows into Would it be accurate if somebody has these acettoins as a pre-diabetic?

[00:09:33]>> No.

[00:09:34]>> Why wouldn't it be?

[00:09:35]>> Because you're already acidotic and on metformin and being fast.

[00:09:39]>> She's not a toxicologist, right?

[00:09:42]>> You're not.

[00:09:43]>> She's not a toxicologist, >> but she you could testify to um acetones to keep that in practice.

[00:09:54]>> Absolutely. Okay.

[00:09:55]>> Absolutely.

[00:09:57]And >> I just want you to know if you're going to if I'm not going to consider that testimony. She's not a qualified toxicologist.

[00:10:06]>> So I'm going to strike that.

[00:10:07]>> All right. The uh but you did state earlier if I heard you right that these higher acetones will come out of a person's mouth that is a pre-diabetic or diabetic.

[00:10:22]>> Yes.

[00:10:23]And if somebody was measuring that would it be at how high are they than normal?

[00:10:31]Is there a way quantitative >> quantitatively? I often see on the what what your measurement level is nanog per deciliter or milligram per liter depending on how you measure it in the blood versus breath.

[00:10:45]>> No matter what they would be high >> you cannot that is not appropriate. She is not qualified to testify to that.

[00:10:53]>> Well, she >> if you're No, no, no, no. You're going to have to get a toxicologist. You should have brought a toxicologist in here then.

[00:11:02]>> Ma'am, let me ask you a question. When did you have all your records related to Mr. Pastor?

[00:11:08]>> Yes.

[00:11:09]>> When is the first time you saw him and take your time reviewing those records?

[00:11:15]>> 2019.

[00:11:18]>> Okay. And you talked about these levels as to diabetic pre-diabet you said 2020 correct >> correct >> what were his levels at that juncture >> fasting glucose levels were 120 and up which is considered diabetic A1C I don't have the 2020 record of A1C but I have fasted glucose above 120 is considered diabetics so fast >> did you You did you write your I presume you wrote your diagnosis in your records?

[00:11:54]>> Correct.

[00:11:54]>> I have I have the diagnosis in your records.

[00:11:57]>> But you you any physician correct me if I'm wrong.

[00:12:01]Sure.

[00:12:01]>> They typically go through histories, >> conduct tests, and then they come up with a diagnosis.

[00:12:08]>> Correct.

[00:12:08]>> Correct. Show me the first time that you diagnosed him in your records with being diabetic.

[00:12:25]I don't see any reason to not have those marked. Right. Um just so it's not a public records, >> Mr. Bolognia.

[00:12:34]>> It's a public record. is put in CG protect and sensitive information at home.

[00:12:43]>> No, I I think it should be if this is the record they want to make or not.

[00:12:46]>> I think they have to be. So, >> no, I I regard a part of the record. I just think there's anything sensitive.

[00:13:01]Well, I think we should have a mark defense one.

[00:13:05]You agree, Mr. Clo? Yes, sir.

[00:13:07]>> So, let's have them marked and received as defense one. And I'll be happy to give you an opportunity if you'd like to go back and to uh uh >> to redact whatever you'd like. In other words, you can't redact it without >> I'm sorry.

[00:13:25]>> That's a good cause.

[00:13:27]>> Okay. Well, can we test? There's three items here. Can we just call it all defense uh number one?

[00:13:35]>> Yeah, as long as all it's copies of all of her records.

[00:13:38]>> These are all >> that she has maintained with regard to Mr. Pastor.

[00:13:44]>> Which ones were you asking?

[00:13:46]>> I think the first time >> I I think we should have all of her records as it relates to Mr. Pastor marked as defense one. If you want to take a minute and go through and redact those or you doctor needs or the doctor needs us to make copies, >> we can make copies and then we can go from there.

[00:14:06]>> Can we go over them together so I can see which one is appropriate?

[00:14:13]>> I mean, I don't want this is all about whether or not he's died.

[00:14:17]>> Correct.

[00:14:18]>> I'm not looking to have uh his medical history divulged.

[00:14:24]So if if it relates but but I think we I still need a clean copy. You need your original copy and then there should probably be a redacted copy that's marked as defense one.

[00:14:38]>> And you also ask the prosecutor based upon this evidence you stipulate that he's a pre.

[00:14:44]>> No.

[00:14:47]>> Why not?

[00:14:48]>> Wait a minute. Now it's not your turn to ask questions. Come on.

[00:14:53]Well, don't be confused. You let the lawyers do the work and I do the work. I wouldn't tell you how to be a physician, right?

[00:15:01]I wouldn't. So, don't don't start questioning why the prosecutor isn't stipulating or why Mr. Glovis isn't stipulating or why anybody's asking you any questions here today. I'll be happy to give you take the original records, make copies, two of them. one that will be returned to you, the original, plus one that we will have in a redacted form if it's going to suppress information that is not involved and then other words.

[00:15:34]>> Understand, judge.

[00:15:36]>> And then another copy that's at least a clean copy. Um, >> yeah, these are >> Did did you find an area where you said in a diagnosis that he was diabetic?

[00:15:46]Doctor, >> I No, come on. I asked you.

[00:15:54]I've been going to doctors, too. I want I want a straight answer here. Did you ever write in any of those record records diagnosis the fat subject is diabetic?

[00:16:05]>> Then I want to see them.

[00:16:07]Where are they? Are they here?

[00:16:11]Just pull them out.

[00:16:12]>> I have Islam. I cannot diagnose that.

[00:16:16]>> Here is the diagnos.

[00:16:18]>> Why would you not bring all of your records?

[00:16:21]>> I didn't know why, you know, to bring it down.

[00:16:25]>> Go get them.

[00:16:26]>> Do you have >> Go get them. This This hearing is going on today. And And really, go get them.

[00:16:33]Have them send them to you. They can email them to us. They can fax them to us. I I don't need anybody to see anything, but I want to see all your records.

[00:16:46]>> Where's your office?

[00:16:49]>> Have them send them over.

[00:16:51]Have them send them over right now.

[00:16:53]We're taking a recess on these. Would you go get Mr. Holberg and Mr. Kaylee on this other case, please?

[00:16:59]>> We'll take a recess. Stay seated.

[00:17:01]>> Did you order them?

[00:17:02]>> No, not once.

[00:17:03]>> That's why he's taking a break for me to do that.

[00:17:06]I'm so confused because I'm thinking that why I'm a collaborative physician is primary physician is Dr. >> Is there any medical records of diagnosis at the blue >> Dr. she wasn't she 2019.

[00:17:38]She only met her back. She even Nobody ever put in any records at all that said he's a pre-diabetic. Nobody ever did that over the years.

[00:17:49]>> Yes.

[00:17:50]>> That's what I mean. Dr. >> Okay. What else? Can you go down?

[00:18:01]>> What's the date on it?

[00:18:06]>> Go back to 2019. Go ahead.

[00:18:11]>> 20 2021. And it says pre-diabetes.

[00:18:14]>> No, 2022.

[00:18:16]Okay. It's 2022. that was in order to say that binary that's being diagnosed.

[00:18:27]I mean, I've never done this.

[00:18:28]>> It's April 26th.

[00:18:31]>> And we have one year of >> April 26.

[00:18:36]>> You want to go back to 2019, 2020, 21.

[00:18:40]>> What does it say up here? 22.

[00:18:43]>> 22. Okay.

[00:18:45]>> Show me where.

[00:18:46]>> What does it say down here?

[00:18:48]>> Show me.

[00:18:49]>> When I was being listen, look, >> the judge doesn't care about numbers.

[00:18:54]Okay. He wants to hear it say pre-diabetic. Where does it say that? 26 2021.

[00:19:00]>> Where does it say pre-diabetic?

[00:19:02]>> Where does it say pre-diabetic?

[00:19:05]>> It's on the map where it shows on your back.

[00:19:08]>> Why don't you get up and and show me where it says in writing?

[00:19:12]>> Right here. It's right here.

[00:19:13]>> Where does it say? Show me in writing where it says >> It's right here.

[00:19:17]>> It says pre-diabetes.

[00:19:19]>> Yes. Right here.

[00:19:20]>> Right there. Risk of diabetes 5.7 it's diabetes it's right there >> increased risk for diabetes >> but the result should diabetic >> okay yes >> this is what we give the test >> did it that's why I said that was the date of the diagnosis >> and this was 62322 >> that from that level but we have a we have an other results here when we have higher glucose level from a year before and I have all the medications here from men for me from Dr. Eamadi since since then since 2021 medications been prescribed.

[00:20:11]>> Well, I'll show him this and then the medicated list. Dutch doesn't care about numbers. He told me last time, don't give me lamps.

[00:20:22]>> Don't give me lightups.

[00:20:23]>> No, this is causesto.

[00:20:29]>> Yes, absolutely. But for causes ketosis, >> you're going to have to speak because she's the one who described it.

[00:20:36]>> But I can testify to that causes ketosis. Thank you.

[00:20:47]I have another one. I have another but it shows the >> well when it comes when we have to send to different labs versus >> say this test says that >> and he's on this medication. Why is he on this medication? That's a deadline from 2021.

[00:21:10]The order collection time 512 2021 everywhere.

[00:21:17]>> It doesn't say pre-diabetes.

[00:21:21]That's a judge. It's not going to be >> a lab doesn't say pre-diabetes. So the life just >> Well, then you don't have you don't have anybody sex.

[00:21:33]>> Yes, I did. primary care said that there was an official diagnosis and then I got next was diagnosed with diagnos you're doing this because you want to set it aside. Why don't you have something from 2019 or 2020? This is [ __ ] because I just esceded yesterday.

[00:22:05]>> If they've been working with you for years, wouldn't it be in the reports?

[00:22:09]>> They want the whole chart record from the uh >> You tell the judge that so he can tell you today.

[00:22:15]>> Okay. You explain. You know how well you get along with the judge. You're always trying to keep talking with him and he's pissed off at you more than once.

[00:22:29]>> Yeah. What is success you might be diabetized?

[00:22:33]And you know that some people ask >> because there has to be evidence that you're a pre-diabetic.

[00:22:38]>> But it's in the it's right there.

[00:22:40]>> Okay. You're going to go up there and talk about >> Okay.

[00:22:43]>> Why don't you go back up on that stand?

[00:22:45]Judge wanted you to stay in the stand.

[00:22:47]>> She told the girl told me to come down.

[00:22:49]>> She said come back. Judge said there comes this is >> the girl told me to come back. This is a service strap. I have all stated.

[00:23:06]>> Are you guys ready?

[00:23:07]>> Yeah. Okay.

[00:23:15]They're going to do they're going to get us first.

[00:23:20]>> Miss Homeberg. Ready?

[00:23:23]>> Yeah.

[00:23:23]>> Close. is Beyonce.

[00:23:27]Why do you still get most of the people?

[00:23:30]>> I'm just losing him and you. Okay.

[00:23:41]>> You need this clear.

[00:23:42]>> Yeah. Sorry. Yeah. Yeah. Yeah. They're they're going to do this one real quick.

[00:23:46]>> Somebody is in my ear. Yeah.

[00:24:08]Boy, it's such a simple place. It's made >> homework. Ready?

[00:24:17]No.

[00:24:20]>> Yeah.

[00:24:33]>> Where did Roger go?

[00:24:35]>> Get the >> Okay.

[00:24:37]>> I believe right.

[00:24:52]Yeah, sorry.

[00:25:06]>> What are we doing? Are we going to the hearing?

[00:25:07]>> Yes.

[00:25:12]Do you guys have the video?

[00:25:14]>> Yes, we both have it.

[00:25:18]>> I'm finishing this other case today. I I I'm so sorry that this has happened. I really truly am. I'm sorry to you bringing you in. I'm sorry to you. I'm sorry to all of you. I I just [clears throat] >> We have a jury coming up though, right?

[00:25:42]>> Yes.

[00:25:51]>> This will take long. The only issue is to stop. So nothing after that other than statements in the video. Is that is that correct?

[00:26:00]>> Yes. Yes. Um call.

[00:26:06]>> Yeah. Let me call the case. Christine Francis Luzinski 26245459.

[00:26:12]Your names?

[00:26:16]>> Good afternoon.

[00:26:20]>> Your name?

[00:26:22]>> Sir, your name?

[00:26:23]>> Officer.

[00:26:24]>> Good afternoon, everybody. So, I'm trying to figure out how I want to proceed here. I read the briefs. You've got um I think what you're trying to tell me or I don't know if you wrote it to Mr. Holberg that that he was approaching from the opposite direction. Correct. Is that not what you're saying?

[00:26:44]>> That's essentially what I'm saying. Yes.

[00:26:47]>> That he wasn't capable of following her and seeing her cross the line.

[00:26:51]>> Correct.

[00:26:53]>> Does the video show that one way or the other?

[00:26:56]The video shows the statements that were made that are written in my >> Yeah, I know. But >> Josh, we don't have an incar video.

[00:27:03]>> No, there's no incar video.

[00:27:06]>> It doesn't start soon enough. I I reached out Well, not only Mr. Taylor informed us, but I also reached out directly to Skyhigh PD to see if they had anything.

[00:27:15]>> Guys, I'm not going to cut these guys off. I'm going to get done with this case. It's been going on for months.

[00:27:22]I would prefer that you see how I'm doing in half an hour. and we might be able to do this. If you want to go out to lunch, you want to do something, come on back at 2:45, 3:00 and I can let you know one way or the other. I'm sorry. I >> It puts me in a bit of a bit of a scheduling lash to be here. I didn't anticipate.

[00:27:42]>> What do you have?

[00:27:43]>> I have four appointments available at my office starting at 3:30 4:00.

[00:27:49]>> Well, that's okay. If I'm if we start at 2:45, we should be be able to be done, right? So that's what I'm going to ask you to do. Come on back at 2:45. I'm recalling Norbert Pass there. 25T644584.

[00:28:04]>> Where's the physician at, Mr. Clovis?

[00:28:07][clears throat] >> She went to Newport to get the >> I didn't tell her to go to Newport and get the records.

[00:28:13]>> I didn't tell her anything.

[00:28:14]>> What in the world is going on with her?

[00:28:17]She comes here with parts of her records.

[00:28:21]You calling people against pastor 25t644584.

[00:28:28]Who told her to leave? Did anybody tell her to leave?

[00:28:31]>> I did not tell her leave.

[00:28:33]>> Well, then why'd she leave? I said send them. Get on the phone with her. Tell them to call and get have the office send her the send the records. I'm not waiting for her to go to Newport. She should have come here with all her records. I have a feeling they don't exist. Tell her I said to come back here right now or else I'm striking every bit of her testimony.

[00:28:52]>> Hey, judge.

[00:28:53]>> Call her. Mr. Pastor, go out in the hallway and call her.

[00:28:57]>> You know, your honor, I did want to um respond a um June 23rd, 22. Uh >> tell her to come back right now. Nobody said for her to leave.

[00:29:14]>> Okay. I want her back now.

[00:29:20]>> Don't fine, man.

[00:29:21]>> No, I'm not going on on this case until she comes back. This is ridiculous. I said she could have them mailed here, emailed them here. She only brought part of her records. I want to go back and just ask. Do I really look that stupid?