Posted on: Thursday, November 4, 2004

Robber to remain free on appeal

By Ken Kobayashi
Advertiser Courts Writer

The Hawai'i Supreme Court yesterday rejected a request by city prosecutors to order convicted robber Shaun Rodrigues to immediately start serving his maximum 20-year prison term.

Circuit Judge Virginia Crandall on Sept. 10 sentenced Rodrigues for the burglary, armed robbery and kidnapping in the home invasion of two Manoa women in 2000. But over objections by city prosecutors, the judge permitted Rodrigues to remain free on $75,000 bail while he appeals the convictions.

City prosecutor asked the high court to issue a writ directing Crandall to order Rodrigues to go to prison immediately rather than await the outcome of an appeal, which could take at least a year.

But in a brief two-page decision, the court justices unanimously denied the request without asking either Crandall or Rodrigues' lawyer William Harrison to respond.

City Deputy Prosecutor Russell Uehara said yesterday that he is very disappointed because he thought his office had a strong case for the request and because the high court did not give any reasons for the denial.

Rodrigues, 24, was found guilty by Crandall in a nonjury trial, but Harrison has maintained that his client is the victim of mistaken identity and innocent. He earlier predicted the high court would deny the prosecutor's request. He said Crandall made the correct decision in allowing Rodrigues to remain free.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.