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The Honolulu Advertiser
Posted on: Wednesday, October 11, 2006

Stabbing of guard seen key to defense

By Ken Kobayashi
Advertiser Courts Writer

Adam Mau-Goffredo

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State prison officials must turn over to Adam Mau-Goffredo's defense attorneys records and any videotape of him allegedly stabbing a guard with a pen to help determine whether he's fit to stand trial on the Tantalus triple murder charges.

Circuit Judge Dexter Del Rosario granted the request for the materials by defense lawyer Brook Hart who argued they may be relevant not only to whether his client is competent to stand trial, but to the insanity defense.

Mau-Goffredo, 24, who has a troubled mental health history and has been diagnosed as a paranoid schizophrenic, is being held at the O'ahu Community Correctional Center on charges of murdering a Kapahulu couple and a taxi driver and robbing a Round Top Drive home before he was arrested the night of July 6.

While imprisoned, Mau-Goffredo allegedly stabbed a guard in the eye with a ballpoint pen Sept. 15. The 32-year-old guard was treated at The Queen's Medical Center and released. Mau-Goffredo was arrested on suspicion of assaulting the guard, but not charged in the case.

Deputy Attorney General Lisa Itomura raised objections to the defense request, citing privacy concerns and asking the judge to first review the records before releasing them. But Del Rosario overruled her and ordered the documents to be turned over to the defense.

Itomura said the bulk of the records, including the tape, remains with the Department of Public Safety's internal affairs division, but she said she will turn them over to the defense.

Hart said he believes the incident shows his client is not competent to stand trial. "But my personal beliefs about it is not important," he said. "What is important is to get the evidence and have experts make these assessments."

Under state law, a defendant must be able to assist in the defense and understand the criminal proceedings in order to be competent to stand trial.

City prosecutors asked that three mental health experts be appointed to evaluate Mau-Goffredo on whether he is competent or whether he was legally insane. But the hearing on that request that was supposed to be heard yesterday was postponed after the lawyers met with the judge.

Hart said both sides need to get more materials before the judge issues a ruling on the appointment of a panel.

Hart is not opposing the appointment, but has argued it should be initially limited only to the competency issue.

Shortly after the Sept. 15 incident, Hart indicated that his client was not on medication when the alleged attack occurred.

He said yesterday his understanding is that Mau-Goffredo is currently on medication.

"I think he's doing better than he had been doing before," Hart said.

Mau-Goffredo's trial had been scheduled for later this month, but has been postponed indefinitely pending a ruling on the appointment of a panel. Under state law, once the panel is appointed, the criminal proceedings would be stalled while the experts evaluate Mau-Goffredo and the judge decides whether he is competent to stand trial.

Mau-Goffredo remains in custody at OCCC.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.