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The Honolulu Advertiser
Posted on: Saturday, February 3, 2007

Murder case evidence barred

By Ken Kobayashi
Advertiser Courts Writer

Adam Mau-Goffredo

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A state judge has thrown out evidence taken by police from Adam Mau-Goffredo's home four days after he allegedly shot and killed three people at Tantalus Lookout last year, but it was unclear yesterday how much the ruling would help him or hurt the prosecution.

Circuit Judge Dexter Del Rosario ruled that the search warrant that police used to recover boxes of materials from Mau-Goffredo's 10th Avenue home was not specific enough.

He said it was a "general warrant" prohibited by the state Constitution because it gives police too much discretion in seizing a person's property.

The ruling means that the materials cannot be used by the prosecution in Mau-Goffredo's trial on first-degree murder and other charges. He is accused of shooting the three people and robbing a nearby home the night of July 6 last year. But the prosecution has other evidence it can use, including handwritten calligraphic notes found with Mau-Goffredo that police say show he planned the shooting of one of the victims.

The items suppressed by the judge include books, photographs, notes, CDs and DVDs and other personal property, Mau-Goffredo's lawyer Brook Hart said.

Mau-Goffredo, who has been diagnosed as a paranoid schizophrenic, is expected to raise the insanity defense. The court will be appointing three mental health experts to determine if he is mentally competent to stand trial and whether he was insane at the time of the crimes.

It wasn't clear whether the experts will be allowed to review the materials recovered from the home in formulating their opinions.

The judge will rule on that issue once the attorneys submit legal arguments.

City prosecutors also have the option of appealing the ruling, which would halt the criminal proceedings until a decision by the state's appeals courts. The delay could take months or more than a year.

City deputy prosecutor Kevin Takata declined to comment on whether the prosecution will appeal or what effect yesterday's ruling might have on the prosecution's case.

Hart said the defense hadn't reviewed all the materials to determine whether they would hurt his client's case.

Mau-Goffredo remains in custody at Halawa prison.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.