Posted on: Friday, October 1, 2004
Suspect's statement tossed
By Ken Kobayashi
Advertiser Courts Writer
A statement given to police by Rodney Joseph Jr. cannot be used against him in his murder trial for the slaying of two men and attempted murder of a third during a shooting at the Pali Municipal Golf Course this year, a state judge has ruled.
City Deputy Prosecutor Lucianne Khalaf said her office will review the ruling to determine whether to seek an appeal which could postpone the trial set for January.
Khalaf said not being able to use the statement during trial won't have much effect on the prosecution's case because it was "self serving" and Joseph suggested he acted in self defense. But she said other evidence might have to be suppressed if it was obtained based on information from the statement.
Joseph, 36, Kevin Gonsalves, 33, and Ethan Motta, 34, are accused of the daylight shooting at the popular municipal course.
The three are charged with murder for the deaths of Lepo Utu Taliese, 44, and Romilius Corpuz, 40, and the attempted murder of Tinoimalu Sao, 42, who was shot in the head.
Joseph surrendered to police the day after the shooting. That evening, he and Evans met with detectives Kathleen Osmond and Larry Tamashiro. The videotaped statement from Joseph lasted about an hour and 45 minutes.
Town agreed with Joseph's current lawyer, Reginald Minn, that the statement should be thrown out because of Evans' conduct.
The judge said Joseph was entitled to a "competent and effective" attorney before waiving his right to remain silent, but was "misled" by Evans into giving up that right when the lawyer talked about such topics as a possible plea deal, bail and witness protection.
Town said Evans "did not have a firm grasp of the facts;" apparently had not done any independent investigation; had to be corrected by Joseph when the lawyer told the detectives what Joseph would say, and met with police and Joseph together when normal practice is to talk to the client and the detectives separately.
Town cited the testimony by Peter Wolff, the federal Public Defender who reviewed the interview and concluded that Evans did not meet the "minimum standards" for a competent lawyer.
Town also overruled defense lawyers who argued that the transcript and videotape of the interview should be kept confidential until the end of the trial to protect their clients' rights to a fair trial. Honolulu attorney Jeffrey Portnoy earlier argued on behalf of the Honolulu Advertiser and KITV that both should be made public.
The judge said the media may review, but not copy, the tape and transcript as early as today.
According to other court documents, Joseph acknowledged in the statement that he had a gun and opened fire at the golf course, but then blacked out. He said the shooting was the result of a rivalry between groups over providing security at illegal gambling operations, the documents state.
Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.
Joseph, one of three defendants, gave the statement to detectives the day after the Jan. 7 shooting, but Circuit Judge Michael Town ruled yesterday that Joseph did not knowingly, intelligently and voluntarily give up his right to remain silent because he was misled by Christopher Evans, Joseph's then-attorney.
Rodney Joseph Jr.