Judge says guilty plea in murder to stand

By David Waite
Advertiser Staff Writer

A man who pleaded guilty to murder in federal court in exchange for an agreement by prosecutors not to seek the death penalty against him won't be allowed to withdraw the plea, a federal judge ruled yesterday.

Richard Lee Tuck Chong told federal Judge Alan Kay that he never wanted to plead guilty to "pre-meditated murder" for the September 1997 slaying of William Noa Jr. at a Makaha beach.

"I never want plead guilty, even to avoid the death penalty," Chong said, testifying extensively for the first time in his case.

But in denying the defense request to withdraw his plea, Kay ruled that Chong fully understood what he was doing when he pleaded guilty.

Chong was the first person in Hawai'i to face a capital offense since the 1950s. The Territory of Hawai'i abolished capital punishment in 1957, but Chong became the first person here charged under a 1994 federal law carrying the death penalty for certain drug-related murders.

Chong yesterday testified three lawyers on his defense team "badgered" him for months to accept a plea agreement that called for a life sentence without parole but eliminated the possibility that prosecutors would seek the death penalty.

Although he has never denied killing Noa, Chong told Kay that he steadfastly refused his attorneys' advice to accept the plea until his resolve was eroded by the side effects of Wellbutrin, a prescription drug he was taking to combat attention- deficit and hyperactivity problems.

Chong's lawyers on the change-of-plea issue, Richard Burr and Birney Bervar, argued during yesterday's hearing that the drug "compromised" Chong's desire to fight the charge to the point that he finally acquiesced to repeated recommendations by the three other lawyers to accept the plea agreement.

But Ken Sorenson, an assistant U.S. attorney, argued that there was no evidence to show that Chong was confused when he entered the guilty plea in Jan. 13, 2000, or that the medicine impaired his judgment. In fact, Chong and his attorneys have said that the drug helped him to focus on helping with his defense and made him more affable, Sorenson said.

Chong admitted shooting Noa, 33, at Lahilahi Beach Park. The prosecution has maintained that Chong shot Noa in the head over a $100 drug debt. But Chong denied he went to the park intent upon shooting Noa.

"He (Noa) took a step towards me — I think that set me off," Chong said. "I feared for my life; I guess I just reacted."

Chong said he continually disregarded the advice of his defense attorneys Michael Weight, Donna Gray and Marcia Morrisey that he consider a plea agreement.

During the months leading up to the trial date, he began taking Wellbutrin, although the drug made him "feel wimpy," Chong said.

He said his defense lawyers brought in a stream of friends and relatives to try to persuade him to accept the guilty plea. "I no wanna argue with the lawyers any more; they was trying help me," Chong said.

In response to questions from Sorenson, Chong said his lawyers never "forced or coerced" him into signing the plea agreement. Sorenson also questioned Chong about the hearing on Jan. 13, 2000, when he answered questions from Kay under oath. Chong admitted that Kay asked him if he had read the agreement, if he understood it, if he was thinking clearly and so on, and that he answered yes to each question.

But yesterday, Chong suggested that the medicine he was taking may have clouded his judgment without him realizing it.

"When I put my John Doe on the thing, it was immaterial to me... I don't recall reading nothing," Chong said.

Weight testified Chong was consistent about not wanting to plead guilty to premeditated murder even up to the point the agreement was signed in court. He said "a lot of pressure was brought to bear" on Chong to sign the plea agreement, largely because the defense team was concerned that there was substantial evidence in the case that could be used against Chong.

In response to a question from Sorenson, Weight said the defense team never "forced" Chong to accept the plea agreement. "You have to understand — you don't force Richard Chong to do anything," Weight said.

Burr said he plans to appeal Kay's ruling.