Posted on: Tuesday, November 9, 2004

Life term in rape, murder case

By Ken Kobayashi
Advertiser Courts Writer

A 40-year-old man was sentenced to life in prison without possibility of parole yesterday for the rape and strangulation of a prostitute whose decapitated body was found in her Waikiki apartment.

Donald B. Marks faced a mandatory life term with parole for second-degree murder, but city Deputy Prosecutor Kevin Takata asked that Marks be given the state's harshest penalty to protect the community.

Takata said Marks has a record of escalating crimes from theft to rape leading to the rape and murder of Yoko Sanders the evening of Nov. 1, 2002, at her Ala Wai apartment, which she used for prostitution.

Circuit Judge Virginia Crandall granted the request, noting that Marks' record includes the rape of a 13-year-old babysitter. The judge had sentenced Marks to a 10-year prison term for the rape in 1994, but he had been released on parole about six months before Sanders' murder.

Takata told the judge the case involved "premeditated rape and slaughter fueled by lust."

He said Marks, who lived next door to Sanders' apartment, hit the woman on the head with a wine bottle because he didn't have $200 to pay for sex, raped her, strangled her with a rope, then cut off her head and forearms in an attempt to cover his tracks.

Sanders' remains were found the next day in two trash bags.

"I don't think there's anything appropriate I can say," Marks told the judge.

He said he couldn't change what happened, although he wishes it didn't happen, and said he was sorry for the victim's family and her daughter.

Marks' lawyer, Myles Breiner, told Crandall the extended term of life without parole isn't warranted. He said his client has liver cancer, isn't likely to get a transplant and has only two or three years left to live. He said over his objections, his client chose to plead no contest.

Breiner said his defense would have been that Marks and Sanders had sex four or five times previously. He said on the night of her death, the two engaged in asphyxiophilia, the restriction of oxygen to the brain to enhance sex.

He also criticized Takata for what the defense attorney called an inflammatory presentation showing graphic photos of the remains, but Takata said he wanted the judge to see the evidence since Marks did not go on trial. Takata also said Sanders did not die from consensual conduct because she would have lost consciousness in 20 seconds and pressure would have to be applied to the neck for two minutes before she died.

Kevin Carter, Sanders' boyfriend, told the judge that the lives of those who knew Sanders are "forever scarred." Sanders' 9-year-old daughter is living with an uncle. "She still feels all alone," he said.

Carter said he does not know why Marks was permitted to walk the streets. "I believe he's a menace to society," he said.

Asked about his reaction to the sentence, Carter gave a one-word answer: "Appropriate."

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