United States District Court, W.D. Virginia, Harrisonburg Division
Michael F. Urbanski United States District Judge
December 22, 2015, a jury found defendants Felix Adriano
Chujoy and Carolyn J. Edlind guilty of conspiracy to engage
in witness tampering under 18 U.S.C. § 1512(k) (Count
One), witness tampering under 18 U.S.C. § 1512(b)(1)
(Count Two), and obstruction of justice under 18 U.S.C.
§ 1503 (Count Three). The jury also found Edlind guilty
of perjury under 18 U.S.C. § 1623 (Count Four), and a
second count of obstruction (Count Five). The final two
counts concern Edlind's testimony before the grand jury
on October 6, 2015.
the court is defendants' joint motion for acquittal, ECF
No. 113. Edlind and Chujoy argue insufficiency of
the evidence and claim no reasonable juror could convict on
any count. They also claim plain error in the court's
jury instructions. The government disagrees and urges the
court to affirm the guilty verdicts.
careful review of the trial record and the arguments of
counsel, the court concludes that the government submitted
sufficient evidence for a reasonable juror to find Edlind and
Chujoy guilty of conspiracy, witness tampering, and
obstruction as charged in Counts One, Two and Three. However,
the court does not find that any of the six alleged false
statements in Count Four support Edlind's perjury
conviction. The court likewise finds the evidence
insufficient to convict Edlind of obstruction as charged in
Count Five. Accordingly, the joint motion for acquittal, ECF
No. 113, is GRANTED in part and DENIED in part. The
defendants' convictions on Counts One, Two, and Three are
affirmed. Edlind's convictions on Counts Four and Five
are vacated, and a judgment of acquittal will be entered on
current indictment relates to another criminal case pending
before this court: United States v. Maria Rosalba
Alvarado McTague, et al., No. 5:14-CR-055 (filed Dec. 4,
2014) [hereinafter the "Inca's Secret case"].
The government alleges that Chujoy and Edlind contacted
Michael Kwiatkowski, a witness in the Inca's Secret case,
between March 2015 and June 2015 in an attempt to influence
his testimony during trial. The government further alleges
that Edlind lied about her communications with Chujoy and
Kwiatkowski when she was questioned before the grand jury.
The relevant facts are outlined below.
Investigation of Inca's Secret Restaurant
about July 2014, the Department of Homeland Security began
investigating the legal status of workers at the Inca's
Secret Restaurant in Harrisonburg, Virginia. Trial Tr., Dec.
16, 2015, ECF No. 109, 4:16-6:22 ("12/16 Trial
Tr."). Chujoy and his mother Maria Rosalba Alvarado
McTague ("Alvarado") were targets of that
investigation. Id. In December 2014, Chujoy and
Alvarado were indicted on various federal charges, arrested,
and released on bond. Id. at 27:8-29:23;
36:21-37:4. As a condition of bond, Chujoy and
Alvarado were to avoid all contact with potential witnesses
in the Inca's Secret case. Id. at 36:8-38:13;
Gov't Exs. 3, 4. Notably, Alvarado was released into the
third-party custody of Edlind and her husband, Gary Edlind.
12/16 Trial Tr. 37:23-38:13. The Edlinds were close friends
with Chujoy, and Carolyn Edlind was often described as
Chujoy's "tia" or "aunt." See,
e.g.. Trial Tr., Dec. 18, 2015, ECF No. 111, 74:3-4
("12/18 Trial Tr.").
early 2015, the government discovered evidence that Chujoy,
Alvarado, and Chujoy's sister, Gladys Chujoy, were
contacting witnesses in the Inca's Secret case. 12/16
Trial Tr. 8:18-23; 40:4-23. Agent Tami Ketcham of the
Department of Homeland Security obtained cell phone records
for these witnesses, and discovered they received multiple
calls from phones associated with Alvarado, Gladys Chujoy,
and several known associates of Chujoy. Id. at
9:2-25:25; Gov't Exs. 6-11; 13-25. No calls were
discovered from Chujoy's personal phone. However, federal
agents interviewed Chujoy's known associates- including
Edlind and Kwiatkowski-and learned that Chujoy had made calls
from their phones on various occasions. 12/16 Trial Tr.
64:7-68:18; Trial Tr., Dec. 17, 2015, ECF No. 110,
113:3-114:10; 177:21-23; 206:9-12 ("12/17 Trial
Tr."); 12/18 Trial Tr. 42:12-43:13; 75:12-76:15.
on evidence that Chujoy, Alvarado, and Gladys Chujoy had
contacted potential witnesses, the grand jury returned a
superseding indictment in the Inca's Secret case in March
2015. 12/16 Trial Tr. 40:24-41:20. This superseding indictment
alleged charges of obstruction and witness tampering against
all three defendants. Id. Chujoy was re-arrested on
March 18, 2015, at Edlind's residence in Harrisonburg,
Virginia. Ld at 52:953:15. The court thereafter detained
Chujoy at the Rockingham County Regional Jail. Id.
at 42:10-12. Trial on the superseding indictment in the
Inca's Secret case was set for June 22, 2015.
Id. at 42:16-20.
Witness Tampering of Kwiatkowski
his re-arrest in March 2015, Chujoy continued to contact
friends and family from prison. In particular, Chujoy made
multiple attempts to speak with Kwiatkowski or have others,
including Edlind, speak with Kwiatkowski on his behalf.
Kwiatkowski had a "close" friendship with Chujoy
for at least six years, which intensified after Kwiatkowski
returned to Harrisonburg in 2013. 12/18 Trial Tr. 72:1-73:8.
The two men socialized with several mutual friends, including
Edlind. Id. at 72:1-74:7. This friendship made
Kwiatkowski a potential witness in the Inca's Secret
case. For example, Chujoy told Kwiatkowski that employees at
the Inca's Secret Restaurant were undocumented aliens.
Id. at 77:21-78:21. Further, Kwiatkowski's cell
phone was used to contact other witnesses in the Inca's
Secret case, and Kwiatkowski could testify that Chujoy
borrowed his phone on several occasions. Id. at
of her investigation in the Inca's Secret case, Agent
Ketcham interviewed Kwiatkowski in May 2015. 12/16 Trial Tr.
67:9-13. Kwiatkowski provided a witness statement that was
disclosed to Chujoy's defense counsel. Id. He
was also subpoenaed to testify during trial of the Inca's
Secret case. 12/16 Trial Tr. 26:22-27:3.
"Taco Tuesday" Dinners
first relevant contact between Chujoy, Kwiatkowski, and
Edlind came in late 2014. After Chujoy's first arrest in
the Inca's Secret case, he attended several dnners with
Edlind, her husband Gary Edlind, Kwiatkowski, and a friend
named Christina Kang. The majority of these dinners took
place on "Taco Tuesdays" at the El Charro
Restaurant in Harrisonburg. 12/17 Trial Tr. 179:9-180:14;
12/18 Trial Tr. 82:11-83:14. During this period-which
stretched from December 2014 to March 2015-Kwiatkowski,
Edlind, and Kang were some of Chujoy's closest friends
and provided him with "emotional support." 12/18
Trial Tr. 116:22-118:5.
Chujoy was re-arrested on March 18, 2015, Edlind continued to
organize "Taco Tuesdays" dinners with Kwiatkowski,
Kang, and her husband to dscuss Chujoy and his legal
situation. Notably, Edlind asked Kang and Kwiatkowski to turn
their cell phones off or leave them in the car during these
dinners because Edlind believed the "government"
could listen to their conversations. 12/17 Trial Tr. 184:2-6.
Kang testified that this request made her feel "very
uncomfortable" and like she "had to hide
something." Id. at 184:2-11.
dinners with Edlind, Kwiatkowski, and Kang were sporadic, and
occurred approximately once every two or three weeks from
late March 2015 until June 2015. 12/17 Trial Tr.
180:7-185:21; 12/18 Trial Tr. 82:11-84:4; 87:16-88:20. During
these meetings, Edlind, Kwiatkowski, and Kang discussed their
"reactions" to Chujoy's ongoing prosecution,
12/17 Trial Tr. 183:11-22, and Edlind offered updates on
Chujoy's condition in prison. 12/18 Trial Tr. 81:20-82:7.
Edlind also asked Kwiatkowski to visit Chujoy at the
Rockingham County Regional Jail. Id. At one dinner,
Edlind and her husband asked Kwiatkowski about his interviews
with federal agents. Id. at 94:3-12. Kwiatkowski
"brush[ed] off these questions because he
"didn't want to tell them that [he had spoken with
law enforcement] because then [he] figured they'd ask
|him] . . . what [he] said or something like that."
Dinner at Edlind's Home in March 2015
addition to the Taco Tuesday dinners, Edlind hosted at least
one dinner for Kwiatkowski and Kang at her home in
Harrisonburg. This dinner occurred on or about March 25,
2015, only a few weeks after Chujoy was re-arrested on the
superseding indictment in the Inca's Secret case. 12/17
Trial Tr. 180:15-182:9; 12/18 Trial Tr.
84:585:1. At this time, Edlind was
"obsessing" about Chujoy's case and was worried
about the charges pending against him. 12/18 Trial Tr.
128:11-25. During the dinner, Edlind "bash[ed]"
Chujoy and disclosed things about him that Kwiatkowski and
Kang had not known. Id. at 85:9-21. Further, Edlind
and her husband told Kwiatkowski and Kang that if federal
agents tried to contact them, they should say that they
"d [id] n't know anything because [they]
d[id]n't know anything." Id. Kwiatkowski
was "kind of shocked" by this statement and found
it "strange." Id. at 85:24-86:22. As
Kwiatkowski explained at trial:
I felt [the dinner] was really strange . . . and I didn't
understand it because I thought it was just going to be a
meal about, like, reminiscing [about Chujoy], not finding out
stuff that we didn't know about him and then the last
part where they were, like, you don't - - just say you
don't know anything.
Id. at 87:10-15. However, Kwiatkowski admitted that,
at the time, he did not believe he knew anything
relevant to the Inca's Secret case, did not feel
threatened or intimidated by the Edlinds, did not tell the
Edlinds he felt uncomfortable, and continued to attend Taco
Tuesday dinners with them. Id. at 129:7-130:12.
Jail-House Phone Calls in April and May 2015
being re-arrested in March 2015, Chujoy tried to contact
various individuals- including Kwiatkowski-from the
Rockingham County Regional Jail. Chujoy used his inmate PIN
number to place telephone calls to Edlind, Kwiatkowski, and
three other individuals. 12/16 Trial Tr. 70:4-71:19; 12/17
Trial Tr. 9:17-25. Jail officials track phone calls using an
inmate's PIN number, which allows deputies to identify
which inmate placed a specific outgoing call. 12/17 Trial Tr.
148:23-149:12. Of the five people Chujoy contacted via phone,
several, including Edlind and Kwiatkowski, were individuals
whose numbers had previously appeared in the call records of
witnesses in the Inca's Secret case. 12/17 Trial Tr.
trial, the government introduced recordings of eight phone
calls Chujoy made using his inmate PIN number. Gov't Exs.
37-54. The first call was to Kwiatkowski on March 31, 2015.
Gov't Exs. 37-38. In that call, Chujoy briefly asked
Kwiatkowski to visit him at the jail. Gov't Ex. 38.
Kwiatkowski testified that Chujoy also called him on several
other occasions to encourage him to visit the jail. 12/18
Trial Tr. 79:17-82:9. Recordings of those calls were not
introduced at trial.
other seven recorded phone calls were to Edlind, and took
place between April 5, 2015 and May 1, 2015. Gov't Exs.
41-54. In each, Chujoy asked Edlind if she has
talked to Kwiatkowski, tells Edlind to encourage Kwiatkowski
to visit him in the jail, and confirms that Kwiatkowski is on
his visitation list. Gov't Exs. 41-54. Kwiatkowski never
visited Chujoy because he "didn't really want to be
a part of this" and "didn't want to visit
him." 12/18 Trial Tr. 81:15-19. However, Kwiatkowski
testified that Edlind reminded him on multiple occasions that
he was on Chujoy's visitation list, and asked him if he
was going to visit Chujoy in jail. Id. at
Chujoy Receives Kwiatkowski's Witness Statement
in June 2015
about June 2, 2015, Chujoy met with his defense counsel to
prepare for trial in the Inca's Secret case, then
scheduled to begin on June 22, 2015. During this meeting,
Chujoy was given a copy of Kwiatkowski's interview with
federal investigators. Gov't Ex. 28.2. Chujoy was
disturbed by Kwiatkowski's statements; he stated in a
letter sent to Edlind on June 3, 2015 that he was
"pretty shocked" by Kwiatkowski's interview and
that he hoped "it [was] either a big misunderstanding or
that the feds are twisting it around." Id.
Indeed, Chujoy's receipt of Kwiatkowski's interview
set off a flurry of activity as described below.
Jail-House Phone Calls in June 2015
point, Chujoy began using PIN numbers from other inmates to
make phone calls. Using another inmate's PIN number makes
it more difficult to track jail phone calls, since calls made
using another inmate's PIN number are logged to the
owner's account, not the account of the inmate placing
the call. 12/17 Trial Tr. 148:23-149:12. The government
offered evidence that Chujoy knew his jail phone calls were
being recorded, and that Chujoy's jail commissary
balance-from which the cost of phone calls are deducted-
showed a positive balance on days when Chujoy placed phone
calls using PIN numbers from other inmates. Id. at
37:4-40:19; Gov't Exs. 28.1, 33.
total, the government obtained eleven calls Chujoy made using
another inmate's PIN numbers. 12/17 Trial Tr. at
24:19-26:9. Of these eleven calls, ten were made to Donald
Smith, Chujoy's friend and then-deputy sheriff in Augusta
County, Virginia. Id. at 24:19-26:9. Smith was also
a witness in the Inca's Secret case. Like Kwiatkowski,
Smith loaned his cell phone to Chujoy on multiple occasions,
and Smith's cell phone number was dscovered in the call
records of witnesses in the Inca's Secret case. 12/17
Trial Tr. 29:24- 30:20.
government offered recordngs from four of these calls, which
were placed between May 29, 2015, and June 14, 2015.
Gov't Exs. 56.1-63. In the first call from May 29, Chujoy
and Smith briefly dscussed Smith's previous interview
with law enforcement about the Inca's Secret case.
Gov't Ex. 57. During the second call-which occurred on
June 2-Chujoy told Smith that "Mike" was the reason
federal agents had interviewed Smith and encouraged Smith to
contact "Mike." Gov't Ex. 59. Subsequent
evidence made it clear that "Mike" was Michael
third call came two days later, on June 5, 2015. Gov't
Ex. 61. Chujoy discussed Kwiatkowski's interview with
federal agents, including statements Kwiatkowski made about
Chujoy's ownership of a home in Harrisonburg and
Alvarado's ownership of other homes abroad. Gov't Ex.
60.1 3:15-4:02. Chujoy was concerned Kwiatkowski was mistaken
about the ownership of these homes. Id.
Specifically, the following exchange occurred on the June 5
* * * *
Chujoy: The problem, the problem is, that a lot of you know -
I, I think [Kwiatkowski] doesn't understand the fact
that, you know, how I would always be joking with him?
Chujoy: And then he would take it seriously?
Chujoy: And everybody knew it that it was just a joke but
him? That's where a lot of the confusion comes, because
like he . . . so just clarify that, because I mean well some
of it is just crazy, you know?
Smith: Well, I don't want to go to talk to Mike, if
Mike's gonna just tell them a bunch of bullshit, and
it's gonna bother you. I mean it's gonna hurt... I
don't wanna do that.
Chujoy: I know, but I think . . . that he, he needs to
realize that fact that . . . that I don't know if he
realizes the fact that there was a lot of . . . like, I
don't think he understands the miscommunication there was
because of the fact that he wouldn't understand when
things were a joke and when things weren't a joke, you
* * * *
Chujoy: But yeah, if you could try clarifying that with him
it'll be good or or getting him to, to, to come by, come
into town or something, you know?
Smith: Who you talkin' about, Mike?
Chujoy: Uh huh.
Smith: Well, I don't know when I ever see Mike and I
don't really, you know, I can try to talk to him, but I
don't really want to say, you know, I don't really
want to say anything to him that, you know, where they'll
come after me saying I tried to, you know, change his
testimony I mean I don't want to -
Chujoy: Okay, never mind then.
Smith: You know, I don't want to -
Chujoy: Okay, it's no big deal then.
Smith: But I'll, I'll do what I can.
Gov't Ex. 61. At trial, Smith testified that he never
spoke with Kwiatkowski and stated that
"pressur[ing]" Kwiatkowski would be "against
the law." 12/17 Trial Tr. 219:15-22; 223:2224:17.
However, Smith also believed Chujoy was trying to get
Kwiatkowski to tell the truth about the ownership of these
homes. Id. at 244:22-245:9.
Chujoy told Smith on the June 5 call that he had sent Smith a
letter about Kwiatkowski, and asked if Smith had received it.
Gov't Ex. 61. Smith told Chujoy that he had not, and
stated he had also not spoken with Kwiatkowski. Id.
Chujoy told Smith the letter should arrive "today or
tomorrow." Id. He also asked Smith to speak
with his "aunt"-which Smith understood to be
Edlind-because Chujoy had written her a letter with
"more details." Id; see also 12/17 Trial
Tr. 218:19-25. Smith never contacted Edlind about
Chujoy's letters because Smith "didn't have
time." 12/17 Trial Tr. 219:1-5.
fourth call between Chujoy and Smith occurred on June 14,
2015. Gov't Ex. 63. Chujoy again asked if Smith had
received his letter about Kwiatkowski, and Smith said he had
not. Id. Chujoy also told Smith to
"remember" that Chujoy had previously borrowed cell
phones from other people because he had a "crappy
phone" that he "could barely hear."
Letter from Chujoy to Edlind Dated June 3, 2015
also maintained a steady contact with Edlind from jail. In
addition to jail phone calls, Edlind visited Chujoy in the
jail at least nine times between April and June 2015.
Gov't Ex. 35. Chujoy also wrote several letters to
Edlind. Of particular importance is a letter dated June 3,
2015. In the June 3 letter, Chujoy described
Kwiatkowski's interview with federal agents and asked
Edlind to contact Kwiatkowski. The letter stated:
I'm going to keep this very short in hopes that it
reaches you by or before Saturday. I met w[ith] my attorney
yesterday [and] he read me Mike Kwiatkowski's interview
w[ith] the feds. I'm pretty shocked by what it says, so
I'm hoping that is either a big misunderstanding or that
the feds are twisting it around. The interview says that
according to Mike, my mom was very intimidating, that I
can't be trusted, and that I'm always lying and
making up stories. It goes on into more specific stories and
examples that made me laugh, as I realized that Mike really
is as dumb as a door knob, as he obviously could not
understand/differentiate when I was joking and when I was
being serious. His entire testimony/interview reminded me of
a big misunderstanding that we (Mike, Christina [Kang] &
I) had over a joke, when I told Christina that he was mildly
Please make sure to meet with both of them so that Mike
understands that much of the information he gave out is
incorrect and could lead into me getting into a
huge problem. Be nice to him about it, as I
wouldn't want to offend him or have him take things
personal. I understand that my jokes are sometimes stupid
[and] between that [and] him not being able to tell when I
was joking or not, his comments/interview are ludicrous.
I hope you get to meet w[ith] them ASAP, as clarifying all
this is pretty crucial.
* * * *
P.S. He should probably also clarify that we didn't
really start hanging out until half way through 2014, as that
would probably explain why we were always on two different
pages [and] why he didn't really know much about me, or
why he couldn't tell when I was joking.
Gov't Ex. 28.2 (emphasis in original). This letter was
dated two days before Chujoy's June 5 phone call to
Smith, in which Chujoy also asked Smith to speak with
Kwiatkowski. Gov't Exs. 60.1, 61.
receiving the June 3 letter, Edlind reached out to
Kwiatkowski. First, Edlind contacted Kwiatkowski by
phone-though Kwiatkowski could not recall the exact date of
this phone call-and stated that Chujoy had written
Kwiatkowski a letter. 12/18 Trial Tr. 96:5-97:8. However,
Edlind refused to read the letter to Kwiatkowski or describe
its contents. Id. Instead, she encouraged
Kwiatkowski to pick the letter up in person. Id.
6, 2015-three days after Chujoy wrote Edlind-Edlind visited
Chujoy in the Rockingham County Regional Jail. Gov't Ex.
35. A few hours later, Edlind sent Kwiatkowski and Kang a
text message to arrange a meeting. Gov't Ex. 30. In her
initial text message, Edlind stated that it was "very
important we meet this week!!!! please [sic] contact me if
you can't do Tuesday" and hinted that there was
"serious stuff to discuss." Id. Kang
replied that she would prefer to speak via phone, and
Kwiatkowski stated that he "probably shouldn't be
talking about" things that could not be discussed via
phone. Id. In response, Edlind stated "not on
the phone you know why" and "the phones are bugged
you know that enslave [sic] the phones in the car will be
fine like we have in the past." Id.
Edlind's final text stated that "you guys opt out
I'll tell Felix don't worry about it I don't need
to stress either." Id.
his reservations, Kwiatkowski made plans to meet with Edlind
on June 16, 2015 at the El Charro Restaurant. Gov't Ex.
31. This meeting was six days before Chujoy's June 22
trial in the Inca's Secret case. Kang did not respond
further to Edlind's June 6 text message, and did not
attend the subsequent dinner meeting. Kang testified that
Edlind's message made her feel "uncomfortable"
and "like we were being put in a situation where we had
to be secretive about things that were either allowed to be
discussed or weren't, but the fact that we had to put out
phones in the car, there's this feeling of secrecy that I
felt uncomfortable participating in ... I didn't want to
go." 12/17 Trial Tr. 189:20-190:14.
Dinner at El Charro on June 16, 2015
to June 16, Kwiatkowski told federal agents about
Edlind's text message and agreed to wear a recording
device to the El Charro dinner. 12/18 Trial Tr. 98:13-100:24.
The government introduced a full recording of the dinner, as
well as various excerpts. Gov't Exs. 66-92. Three people
attended the June 16 dinner: Edlind, her husband Gary Edlind,
and Kwiatkowski. 12/18 Trial Tr. 101:16-17. As Kwiatkowski
arrived, Edlind told him to sit on his phone or leave it
outside. 12/18 Trial Tr. 101:19-24. Kwiatkowski complied, and
left his phone outside. Id. at 102:7-10.
Edlinds and Kwiatkowski then engaged in a somewhat meandering
conversation that lasted approximately an hour. See Gov't
Ex. 92. At first, Edlind said that Chujoy had written
Kwiatkowski a letter telling him "not to say anything,
don't write him, or do nothing." Gov't Ex. 69.
Edlind later clarified that Chujoy did not write a letter to
Kwiatkowski, but rather wrote a letter to Edlind instructing
her to tell Kwiatkowski "not to mention anything about
that and don't contact because . . . [t]hey're
reading the mail." Gov't Ex. 75. It is not clear
from the transcript just what Chujoy wanted Edlind to tell
Kwiatkowski not to mention.
Edlind and her husband also discussed facts relevant to the
Inca's Secret case, including that Chujoy and Alvarado
had used friends' cell phones to contact witnesses, and
that Edlind thought some of the charges had been a set-up.
Gov't Exs. 77, 79, 81, 87, 89. At one point, Edlind
corrected Kwiatkowski when he stated that Chujoy was a
manager at Inca's Secret, stating that Chujoy was only a
"volunteer" at the restaurant. Gov't Ex. 83.
Edlind then described how hard it was to tell when Chujoy was
joking, called both Alvarado and Chujoy liars, and stated
that "you can tell them nothing." Gov't Ex. 85.
conclusion of the meeting, Edlind told Kwiatkowski that he
did not need to meet with prosecutors if they offered to
speak with him before trial. Gov't Ex. 91. However,
Edlind encouraged Kwiatkowski to abide by his trial subpoena
and assured him that he was not a target of the pending
prosecution. Gov't Ex. 92 43:05-49:10. Both Edlinds also
told Kwiatkowski to "tell the truth" and to not
worry if his testimony was damaging to Chujoy. Id.
at 45:25-46:20; 12/18 Trial Tr. 137:2-12. Kwiatkowski
testified that he dd not believe the Edlinds were attempting
to "trick" or "mislead" him during the
dnner on June 16, agreed that the Edlinds dd not tell him
what to say or what not to say in court, and stated he did
not feel threatened or intimidated by the Edlinds. 12/18
Trial Tr. 137:13-138:13.
Continuance of the Inca's Secret Trial
the June 16 dinner, the June 22 trial in the Inca's
Secret case was continued for reasons unrelated to the
instant case. 12/16 Trial Tr. 43:16-45:25. After the
continuance, Chujoy was re-released on bond and again ordered
to have no contact with potential witnesses. Id. at
46:1-25. Despite this order, Chujoy exchanged text messages
with Kwiatkowski between August 1, 2015 and August 29, 2015.
Gov't Ex. 32. In these messages, Chujoy invited
Kwiatkowski to join him at multiple social events. See
Id. Kwiatkowski responded several times, but did not
meet with Chujoy in person. Id. Finally, Kwiatkowski
messaged Chujoy on August 29, saying that it was not "a
good idea to be in contact until things settle down after the
court date." Id. Chujoy responded that he
"completely understood" and stated that "I
haven't really texted you or anything though, at least
not to my knowledge." Id. Kwiatkowski found
this last response confusing because it was "obviously
not true." 12/18 Trial Tr. 110:4-22.
also contacted Smith and Kang after his release in late June.
While recovering several personal items from Smith, Chujoy
mentioned again that Kwiatkowski had "said a bunch of
stuff that wasn't true." 12/17 Trial Tr.
238:20-241:1. However, Smith testified that he never
"sat down and plotted anything with [Chujoy]" and
stated that he never "talked to [Chujoy] about going and
talking to Mike." Id. at 239:22-240:4. For her
part, Kang told Chujoy it was "best" if they had no
further contact. Id. at 191:20-192:9.
Edlind's Alleged ...