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The Honolulu Advertiser
Posted on: Thursday, July 12, 2001

Victorino guilty of manslaughter in 1986 slaying

By Curtis Lum
Advertiser Staff Writer

A Circuit Court jury yesterday found Joseph "Binzo" Victorino guilty of manslaughter in connection with a 1986 shooting death.

John Maher, son of shooting victim Michael Maher, returned to the courtroom yesterday for accused murderer Joseph Victorino's verdict to find it had already been read. Victorino was guilty of manslaughter.

Gregory Yamamoto • The Honolulu Advertiser

Victorino, 66, had been charged with the second-degree murder of Michael Maher, 49, in a Kalihi bar Nov. 22, 1986. But the jury of seven men and five women found Victorino guilty of the lesser charge because they felt he was under extreme emotional disturbance when he shot Maher three times. He was also convicted on a separate firearms count.

Because the two offenses occurred under old state laws, Victorino faces a maximum 10-year prison term on each count when he is sentenced by Judge Michael Town on Sept. 18. Under present law, Victorino would have faced a maximum 20 years on the manslaughter conviction.

Deputy City Prosecutor Wayne Tashima said he was "not real pleased" with the verdict, calling it "puzzling."

Richard Hoke, Victorino's attorney, said he was glad that the jury did not convict his client of the more serious charge. But he, too, questioned the jury's manslaughter verdict because it was based on extreme emotional disturbance.

"I don't think there was any evidence that he was laboring under any emotional disturbance," Hoke said. He said he may file a motion to set aside the conviction based on this lack of evidence. The verdict angered John Maher, the victim's son, who traveled to Hawai'i from Portland, Ore., to attend the trial.

"It was cold-blooded murder, that's all it was," John Maher said. "It's not right. He came into the PWC bar with the intent of killing my father on his mind."

John Maher also was outraged that he was not present in the courtroom when the verdict was read. Maher attended the entire trial and held a vigil outside the courtroom since the jury began its deliberations Friday afternoon. Some jurors told Town that they felt a little intimidated by Maher, even though they did not know who he was. Town asked Maher to distance himself from the courtroom, but told him he would be given adequate notice so he could be in the courtroom when the verdict was announced.

Less than 15 minutes after the jury informed the court that it had reached a verdict, the decision was announced. Maher arrived about five minutes later.

"I've spent $8,000 and I've spent years waiting for this one moment, just for them to shoo me away and do it without me," said Maher, who has been in Hawai'i for the trial since February. "I've waited 16 years for this one measly second."

During the trial, Hoke said that his client shot at Maher in self-

defense and never intended to kill him. Hoke said Maher confronted Victorino in the bar and accused him and two of Victorino's employees of stealing items from a car that had been towed from Maher's lot on Sand Island. Hoke said Maher was abusive and punched the smaller Victorino on the side of the head and beat him. Victorino then fired the gun in self-defense, Hoke said.

But prosecutors said Victorino walked into the bar and slapped Maher twice. Tashima said Victorino then reached into his pants pocket, pulled out a gun and shot Maher in the chest. Victorino fled Hawai'i and was not captured until last November in Kitsap County, Wash. He was extradited to Hawai'i and reindicted on murder and weapons charges by an O'ahu grand jury in February.