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The Honolulu Advertiser
Posted on: Thursday, September 25, 2008

No new plea deal in Pali killings

By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Kevin Gonsalves

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The long-running prosecution of three men charged in the January 2004 Pali Golf Course shootings case will run a little longer.

Federal District Judge Susan Oki Mollway balked again yesterday at approving a new plea deal for one of the defendants, Kevin Gonsalves, that called for him to serve 27 1/2 years behind bars instead of life.

But Mollway indicated she may still approve the arrangement based on justifications to be filed under seal by the U.S. attorney's office and Gonsalves' defense lawyer.

She scheduled another hearing in the case for Friday morning.

In July, Mollway rejected earlier plea deals reached by the government with Gonsalves and co-defendants Rodney Joseph Jr. and Ethan "Malu" Motta on racketeering charges that included the gunshot murders of two men and the critical wounding of a third in a daylight outburst of violence at the Windward Oahu municipal golf course parking lot.

Mollway said at the time she didn't believe that the defendants, by pleading guilty and agreeing not to go to trial, had provided the "substantial assistance" necessary to qualify for less than life prison terms required in federal murder cases.

Yesterday, Assistant U.S. Attorney Thomas Brady filed re-worded charges against Joseph, Motta and Gonsalves.

Mollway asked Brady if the new set of charges was "fashioned" in such a way as to get the defendants "out from under the mandatory life sentence" for a federal murder charge.

Brady told Mollway that the new charges and the proposed plea agreement reached with Gonsalves "are fair to society, fair to Mr. Gonsalves, fair to the victims' families."

"It's the right thing to do," Brady told the judge.

Mollway asked Brady to "flesh out" justifications for the plea agreement contained in a confidential document he filed with the court this week. That additional information will not be available to the public.

According to court papers, the defendants were part of a racketeering conspiracy that involved illegal gambling operations on O'ahu. The defendants engaged in extortion, robbery and ultimately murder to carry out their conspiracy, according to prosecutors.

When two competing groups met at the golf course parking lot to discuss control of gambling operations, the meeting ended in gunfire.

Lepo Utu Taliese, 44, and Romilius Corpuz, 40, were shot to death.

Tinoimalu Sao, 42, was shot in the head but survived.

Joseph, Motta and Gonsalves have been held without bail since shortly after the shootings. The three originally were charged with murder and other offenses in state court but those charges were dismissed earlier this year.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.