Soldier's fate remains unclear
By Ken Kobayashi
Advertiser Courts Writer
The sentencing for a man found guilty more than two years ago of a gunpoint robbery of two women at a Manoa home has again been delayed because his Hawai'i National Guard unit is going to Iraq.
Another hearing is scheduled for Monday as the lawyers and judge sort out what to do next.
Already, the two-year delay for the sentencing of Shaun Rodrigues is considered the longest ever for city prosecutors, and the postponement could extend for another 18 months while he's on active duty.
Rodrigues, 24, was found guilty in a nonjury trial by Circuit Judge Virginia Crandall in March 2002 for the home-invasion robbery of Dawn Sugihara and her mother, Dianne.
The women testified that Rodrigues, who had a gun, forced them to lie face down while he rummaged the home looking for money and jewelry. He also got the older woman's wedding ring after he threatened to cut off her finger if she didn't give it to him, according to the testimony.
Rodrigues, who is free on $75,000 bail, was found guilty of burglary, first-degree robbery and kidnapping, which carry at least a maximum 20-year prison term.
City deputy prosecutor Russell Uehara is asking that the sentence be increased to a life term with parole.
Sentencing, however, was delayed for about a year while Crandall put together her written findings. It was delayed again, Uehara said, to give Rodrigues' lawyer, William Harrison, time to investigate the case and find new evidence.
Harrison yesterday said that because Rodrigues hasn't been sentenced, he isn't considered legally "convicted" under state law.
On Aug. 16, Rodrigues was activated for 545 days of duty, Harrison said.
Harrison said Rodrigues may still be in Hawai'i training on the Big Island, but cannot leave the Army without permission. But without Rodrigues being present in court, he cannot be sentenced. Under state law, defendants must be present at their sentencing.
Harrison and Uehara met privately with Crandall yesterday.
Also pending is a request by Harrison for a new trial.
Maj. Charles Anthony, spokesman for the Hawai'i National Guard, said that he cannot comment on Rodrigues' situation because of federal privacy laws. But yesterday, Anthony said the Judge Advocate General, the military's justice system, has asked for information about Rodrigues and will make a recommendation to the Army as to whether he should be discharged.
In the meantime, the delays have left both Rodrigues and the victims frustrated, the lawyers said.
Harrison said his client is innocent and there is evidence to show he wasn't properly convicted.
Uehara said the victims feel "justice has not been done" because Rodrigues has been able to delay sentencing.
"They feel very disappointed, and I don't blame them," Uehara said.
Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.
