Wai'anae shooting retrial uncertain
By David Waite
Advertiser Courts Writer
The retrial of two Wai'anae Coast men in connection with the 1998 fatal shooting of Army helicopter pilot John Latchum Jr. at the Wai'anae Army Recreation Center has been postponed indefinitely.
U.S. District Judge Helen Gillmor canceled the March 30 trial date after lawyers for the two accused men said they plan to appeal a ruling by the judge denying their request to dismiss a "felony murder" charge against the two. The lawyers contended that retrying the pair violates their constitutional protection against "double jeopardy" — being tried twice on the same charge.
Gillmor estimated it will take six to nine months for the 9th U.S. Circuit Court of Appeals to rule on the double jeopardy question unless the court agrees to expedite it.
Latchum was killed by a .22-caliber bullet that pierced his heart after he stepped onto the porch of a rented cabin on the beach to confront a group of young men that appeared to be trying to break in.
Federal Public Defender Peter Wolff Jr., who represents defendant Roberto Miguel, said a jury found Miguel and Bryson Jose guilty of the "lesser included offenses" of attempted burglary and attempted robbery in December 2000. In addition, the two were found guilty of "felony murder."
Under federal law, felony murder occurs when a crime victim dies or is fatally injured while other offenses are taking place — in this case, the attempted robbery and attempted burglary.
Since the felony murder charge involves the crimes of attempted robbery and attempted burglary, and Miguel has already been found guilty of those two offenses, he can not be retried again on the murder charge without creating a "double jeopardy" problem, Wolff said.
But Assistant U.S. Attorney Ronald Johnson, said the double jeopardy argument does not apply to the circumstances of the Latchum case. Gillmor agreed with Johnson.
Jose and Miguel were convicted in December 2000 and sentenced to life without parole. But the appeals court ordered a new trial, citing errors by the judge.
Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.
