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The Honolulu Advertiser
Updated at 5:18 p.m., Thursday, July 10, 2008

Plea deal rejected in Pali killings case

Advertiser Staff

A federal judge today rejected a plea bargain between the government and admitted Pali golf course killer Rodney Joseph Jr., causing Joseph to withdraw his guilty plea and demand a jury trial in the case.

U.S. District Judge Susan Oki Mollway said she could not agree with the argument — advanced by the Justice Department and Joseph's lawyer — that the defendant's agreement to plead guilty constituted "substantial assistance" to prosecutors in the case.

Joseph was facing a mandatory sentence of life in prison unless he could show that he substantially assisted the government.

Mollway's ruling means she must reject identical plea deals reached with the government by two other co-defendants with Joseph, Ethan "Malu" Motta and Kevin Gonsalves.

They are scheduled to appear before Mollway July 22.

The three are charged with killing two men and seriously wounding a third in a hail of gunfire between competing criminal factions in the parking lot of Pali Golf Course in January 2004.

Mollway said trial for Joseph on murder and racketeering charges will begin Sept. 9, but that date is likely to be delayed.