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The Honolulu Advertiser
Posted on: Thursday, December 10, 2009

Hearing set on whether accused killer's statements admissible


By Jim Dooley
Advertiser Staff Writer

Another hearing has been ordered on the admissibility of statements made by Matthew Higa to police and hospital workers after he allegedly killed toddler Cyrus Belt last year.

Circuit Judge Dexter Del Rosario today admonished Higa’s defense lawyer to submit his objections in writing rather than in the form of oral arguments.
“This case is a significant case ... of high public interest,” Del Rosario told defense lawyer Randall Oyama in a hearing this afternoon.
“I think it is reasonable to assume that in the event there is a conviction in this matter, there would be fairly extensive litigation in appeals and review of the record,” the judge continued.
“The court believes that this requires a (written) motion to suppress on the part of the defense,” Del Rosario said.
“That’s why I wanted to express my concern,” he continued.
He said he meant his comments to be “an education as well as an admonishment to make a better appellate record.”
Del Rosario scheduled a further hearing on the admissibility of evidence for Jan. 6.
Oyama declined comment as he was leaving court.
Higa is accused of killing the 23-month-old boy by dropping him off a freeway overpass shortly before noon on Jan. 17, 2008.
Higa lived in the same Punchbowl area apartment building as the victim and his mother.
Police testified that Higa, an admitted crystal methamphetamine addict, told them after he was arrested that he “didn’t mean to do it” and that the child’s mother told him to throw the baby off the overpass.