Suspect said CIA, FBI were his bosses | The Honolulu Advertiser

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Suspect said CIA, FBI were his bosses | The Honolulu Advertiser | Hawaii's Newspaper

Posted on: Saturday, July 29, 2006

Suspect said CIA, FBI were his bosses

By Ken Kobayashi
Advertiser Courts Writer

MENTAL FITNESS AND INSANITY

City prosecutors have asked Circuit Judge Dexter Del Rosario to appoint three mental health experts to examine Adam Mau-Goffredo. State law outlines this process if the judge grants the request:

FITNESS

In order to stand trial, a judge must find that Mau-Goffredo can understand the criminal proceedings and assist in his defense. The judge would rely on findings by three experts appointed by the court to evaluate Mau-Goffredo's mental condition.

If Mau-Goffredo is deemed unfit, the criminal case is suspended until he is well enough to meet the requirements for fitness.

In the extremely rare case that a judge determines the defendant can never be fit, the charges are dropped. But state lawyers can seek a civil court order committing the defendant to the Hawai'i State Hospital.

If Mau-Goffredo is deemed fit, the criminal case proceeds to trial.

INSANITY

The court-appointed three-member panel also would evaluate Mau-Goffredo's mental state at the time of the offenses.

At trial, Mau-Goffredo would be entitled to an acquittal by reason of insanity if, as a result of his mental illness, he is not capable of telling right from wrong or conforming his conduct to the requirements of law.

The defense must prove by a preponderance of the evidence — more likely than not — that Mau-Goffredo suffers from a mental illness that renders him incapable of determining right from wrong or controlling his conduct.

If acquitted by reason of insanity and determined to be dangerous, Mau-Goffredo would be committed to the Hawai'i State Hospital until he is no longer mentally ill or a danger.

If convicted, Mau-Goffredo faces sentencing for the charges, including first-degree murder, which carries a mandatory life term in prison without parole, the state's harshest sentence.

Adam Mau-Goffredo believed he was in the CIA and FBI and told police when he was arrested that he worked for the U.S. government, according to city prosecutors.

Mau-Goffredo, facing charges in the shooting deaths of three people at a Tantalus lookout, also told police his occupation and address were "classified," the prosecutors said.

The 23-year-old man was arrested the night of July 6 after he allegedly shot three people in the head and robbed three people at a Round Top Drive home.

At the time of his arrest, he was wearing a hat with the letters "CIA," prosecutors said.

In addition, Mau-Goffredo, who had been diagnosed as a paranoid schizophrenic, had not been taking his medication regularly for about six months prior to the shooting, prosecutors said.

City prosecutors provided that information in a request yesterday asking Circuit Judge Dexter Del Rosario to appoint three mental health experts to evaluate Mau-Goffredo. The three would be appointed to determine whether he is fit to stand trial and whether he was legally insane at the time of the slayings.

The request triggers what could be the basis of an insanity defense for Mau-Goffredo, who is charged with what prosecutors said appeared to be execution-style murders of a taxi driver, Manh Nguyen, and Jason and Colleen Takamori, a Kapahulu couple.

He is also charged with the home-invasion robbery.

Although the defense can make the request for the panel, city prosecutors said they are entitled under the law to raise the issue if it appears that a defendant's mental condition will be an issue. They also said they wanted to avoid any "unnecessary delay" in the case.

Mau-Goffredo's lawyer, Brook Hart, did not oppose the request, but asked for a hearing, which is set for Sept. 13 before Del Rosario.

"We're going to try to work out with the government aspects of it that can be agreed on, and beyond that, I think I'm not free to comment," Hart said.

In the request, city Deputy Prosecutor Christopher Van Marter said that according to Mau-Goffredo's caretaker, the defendant believed he was a member of the two federal agencies.

He said the caretaker, a reference to William Roy Carroll Jr., also reported to police that Mau-Goffredo was not taking his medication on a regular basis for six months.

Van Marter also cited the court proceedings that resulted in a state judge appointing Carroll and Mau-Goffredo's mother, Lynette L.L. Mau, as co-guardians of Mau-Goffredo.

In addition, Van Marter said he has been informed that the defense has consulted with psychiatrist Daryl Matthews as a mental health defense witness in the case.

Van Marter attached a copy of a court order signed July 12 by Honolulu District Judge Faye Koyanagi granting Matthews the authority to meet with Mau-Goffredo at the O'ahu Community Correctional Center for evaluation and treatment.

Mau-Goffredo is being held without bail.

If Del Rosario grants the prosecution's request, three mental health experts will be appointed to review police reports and Mau-Goffredo's mental history and interview the defendant. Their reports aren't expected to be filed for weeks.

In behalf of his client, Hart has entered a not-guilty plea. The trial was scheduled for the week of Sept. 18, but will now be postponed to another date that will be set later.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.

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