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The Honolulu Advertiser

Posted on: Saturday, April 16, 2005

Trial granted in killings at sea

By Ken Kobayashi
Advertiser Courts Writer

A 24-year-old cook who pleaded guilty to fatally stabbing the captain and first mate aboard a Taiwanese fishing boat before taking over the ship on the high seas in 2002 will be able to withdraw his pleas and stand trial on the charges.

Lei Shi

Lei Shi pleaded guilty in January 2004, admitted he stabbed the two men, and faced a prison term of 25 to 30 years, but he has since changed his mind and asked that he be allowed to stand trial.

U.S. District Judge Helen Gillmor earlier this month granted his request.

In her April 8 decision, Gillmor agreed with Shi's attorney that a recent U.S. Supreme Court decision warranted the withdrawal. The high court decision made federal sentencing guidelines advisory. Previously, they were considered mandatory.

Shi's attorney, Richard Pafundi, argued that if Shi knew the guidelines would be advisory, he wouldn't have pleaded guilty.

"This (new trial) is what he asked for and he got it," Pafundi said yesterday. He said a conference will be held with the judge, probably next week, for the scheduling of the trial. Pafundi also said Shi will contend that he acted in self-defense.

Shi remains in custody without bail at the federal detention center in Honolulu.

Coast Guard officials here have said they had never seen a case quite like this.

Shi is accused of stabbing the two men and hijacking the Full Means No. 2 in March 2002. There were more than 30 crew members aboard the boat.

According to pretrial hearings, Shi and other crew members had been recruited from rural areas of China and had been at sea for more than a year when he and the captain had a dispute. Shi claimed he was beaten by the captain after asking to be allowed to return to China.

Shi admitted he stabbed the captain, Chen Sung She of Taiwan, and first mate, Da Fen Li, of China, and took control of the vessel, according to pretrial statements.

The crew two days later overpowered Shi and set out for Hawai'i. A Coast Guard cutter reached the vessel on March 19, 2002, about 60 nautical miles south-southeast of Hilo and escorted the ship to Honolulu.

The U.S. attorney at the time, John Ashcroft, decided against seeking the death penalty.

Assistant U.S. Attorney Tom Brady, who has been prosecuting the case, could not be reached for comment yesterday.

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