Capobianco Trial: Mana Foods Manager Verifies Time Card

Steven Capobianco (far left) with defense team M.Nardi (middle) and J.Apo (right). Photo by Wendy Osher 7.27.16.

The general manager at Mana Foods in Pāʻia said Steven Capobianco clocked in for work at 6:53 a.m. on Sunday, Feb. 9, 2014, placing him at work just before video footage was captured of a vehicle similar to the one that he owned traveling up Baldwin Avenue several minutes earlier.

In earlier testimony, Maui police officer Jeffrey Calibuso said he obtained surveillance video from the Bank of Hawaiʻi Pāʻia branch of a 1990s model Silver Toyota 4Runner, traveling up Baldwin Avenue at 6:41 a.m. on Sunday, Feb. 9, 2014.  The branch is located below the store on the same side of the street.

Witnesses testified that the employee parking area for Mana Foods is located across the street about two tenths of a mile away in a gravel lot just below the Pāʻia Post Office.

Capobianco’s vehicle was supposed to be stalled in East Maui according to what the defendant had told police during an earlier interview, when he had said the vehicle got stuck about three miles past Keʻanae on Feb. 8, 2014.

He had told police that he hitchhiked back so he could get to work in the morning, and related to police that he caught a ride to work on Sunday Feb. 9, 2014 from a friend.  That friend testified that he helped Capobianco find parts for his vehicle in the past, but never drove him to work, as the defendant had claimed.

Capobianco also told police that Carly “Charli” Scott picked him up on Sunday evening, Feb. 9, 2014, so that he could retrieve his vehicle.  Scott, who was Capobianco’s ex-girlfriend, was reported missing the next night after she failed to show up for work and did not return phone calls and messages from her family members.

Capobianco is standing trial for Scott’s murder, and for setting her vehicle on fire. Scott was 27-years-old and five months pregnant at the time with an unborn child fathered by the defendant.  Capobianco has pleaded not guilty to the charges.

General Manager Verifies Time Card Records:

Patricia E. Gagne, general manager at Mana Foods in Pāʻia testified on Monday, verifying Capobianco’s pay stub records for the week of Scott’s disappearance and answering questions relating to the company’s time card policies and practices.

Gagne, who has worked at Mana Foods for 24 years, and as general manager for 18 years of that time, said she oversees most of the employees, with special attention to the bakery where Capobianco was employed.

As part of her responsibilities, Gagne said she oversaw time cards for all cashiers, as well as employees of the bakery, kitchen, cleaners and certain stock areas.

According to her testimony, Gagne printed out Capobianco’s time card for the period of Monday, Feb. 3, 2014 to Sunday, Feb. 16, 2014, and turned it over to police at their request on Feb. 28, 2014.

She noted blanks on the Wednesdays and Thursdays of both weeks, Feb. 5-6 and Feb. 12-13, when Capobianco would have been “off,” and noted two additional days, Saturday and Sunday Feb. 15-16 as days that he did not work.

Details of Capobianco’s Time Card Outlined:

According to Gagne’s testimony, “Each employee has an employee number and they punch that into our time clock, and then they either enter it as either an ‘in’ or an ‘out.'”

Gagne reviewed the time card and testified that Capobianco punched ‘in’ and ‘out’ on the following dates and times:

Saturday, Feb. 8, 2014: Clocked in at 7:06 a.m.; Clocked out at 2:34 p.m.  In response to a juror question about why the defendant did not have a documented break on that day, Gagne responded saying, “Sometimes people don’t take breaks.  We don’t regulate that. That’s up to them.  We tell them they’re supposed to take a break, but if they don’t take a break, we don’t dock their time.  That’s just how it works out sometimes.  They just work straight through because they want to be done.  It’s their decision.  They are allotted time for a break,” said Gagne.
Sunday, Feb. 9, 2014: Clocked in at 6:53 a.m.; took a break at around noon; clocked back in about a half hour later; clocked out at 3:52 p.m.
Monday, Feb. 10, 2014: Clocked in at 6:56 a.m.; clocked out for a break at 10:41 a.m.; clocked back in at 11:13 a.m.; and clocked out for the day at 3:21 p.m.
Tuesday, Feb. 11, 2014:  Clocked in at 6:57 a.m.; clocked out for a break at 9:32 a.m.; clocked back in at 10 a.m.; clocked out for another break at 1:06 p.m.; clocked back in at 1:31 p.m; and clocked out for the day at 2:53 p.m.
Wednesday, Feb. 12, 2014: off
Thursday, Feb. 13, 2014: off
Friday, Feb. 14, 2014: Clocked in at 6:59 a.m.; and clocked out for the day at 7:02 a.m.  In answering questions relating to the three minute work day, Gagne said, “I don’t know the circumstance of that… Apparently he left almost immediately after arriving,” she said.
Saturday, Feb. 15, 2014: did not work
Sunday, Feb. 16, 2014: did not work

In response to a juror question asking if employee work schedules are set or if they vary from week to week or day to day, Gagne responded saying that generally, workers are on a set schedule of when they start “within reason.”

“As I mentioned previously, sometimes they’ll get done sooner than other days depending on what they have put in play for the day,” said Gagne.  “They have to finish wrapping, packaging, displaying the products, so that can vary from day to day, but generally, the start time is within a certain parameter, depending on which side of the bakery they work on,” she said.

Policy on Time Cards, Reconciling Pay:

Gagne said the policy regarding clocking in and out is that, “you are the only person to clock ‘in’ and ‘out’ for yourself, and if there are any omissions or changes, they’re reported to either the bookkeeper or myself, depending on what area of the store the person works in.  We can make changes.”

Gagne said time cards can be reconciled if a note is left or a verbal request is made to amend. “Generally what we’re doing is we’re either changing it from an ‘in’ to an ‘out.’  People will punch and not realize that they’re punching in, and that will show up on our computers out of order.  So in order for all the time to be recorded correctly, we’ll change it from an ‘in’ or an ‘out,'” she said.

“If they forget to clock back in from a break or forget to clock out for a break and clock back in, we’ll consult with them, if they haven’t left us a note to add that time in so that they get paid properly,” said Gagne.

Gagne described the protocol that employees follow upon clocking in saying, “Depending on when they’re scheduled to work, they’re not supposed to clock in prior to their schedule.  Within five minutes is alright, and then they come in through the door that we call the ‘out door.’  It’s the only door open. They come through that door and into the time clock area which is toward the rear of the store and clock in there,” said Gagne.

Looking at the time card, Gagne said the defendant’s regular shift would have been, “anywhere from 6:30 to 7 a.m.,” but explained further saying, “it depends on the person who is in charge of the department and also in this case, the side of the bakery that someone works on.”

“Some sides come in a little earlier than others because there’s more prep involved.  I believe at this point, it looks like he could come in somewhere before 6:30 a.m.  I don’t know if there’s any earlier than that.  So I’m not really sure since I’m only looking at this time card,” said Gagne.

“Baking being what it is, it’s not necessarily an eight hour shift,” Gagne said.  “It might be a six hour shift one day and a nine hour shift another day, depending on what’s got to be finished before a person can leave, and whether or not someone had a coworker with them that day, ” said Gagne.

On cross exam, Defense Attorney Jon Apo presented a time card from Monday, Oct. 14 to Sunday, Oct. 27, 2013.  During a break in testimony, Gagne was able to verify the document.  She explained that an asterisk on the card would have meant that there was a time missing from the time clock that needed to be filled in. Once that was clarified, there were no further questions.

The trial is set to resume on Wednesday, Sept. 21, 2016.