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The Honolulu Advertiser
Posted on: Saturday, March 7, 2009

FINAL TESTIMONY IN MURDER TRIAL DESCRIBES MOTTA'S 'CALM' ATTITUDE
Pali suspect sought control of gambling

By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Attorney Jeff Portnoy and other lawyers at a news conference in front of Circuit Court yesterday expressed support for Judge Michael Town, who was investigated in a 2004 corruption case concerning the murder trial of Ethan "Malu" Motta and Rodney Joseph Jr.

Photo by JEFF WIDENER | The Honolulu Advertiser

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Hawaii news photo - The Honolulu Advertiser

Ethan "Malu" Motta

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Hawaii news photo - The Honolulu Advertiser

Rodney Joseph Jr.

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Ethan "Malu" Motta "was just real calm, like it was a joke to him," when he discussed the murders of two men at Pali Golf Course in 2004 with his cousin, FBI informant Jonnaven Monalim, according to court testimony yesterday from Monalim.

The trial of Motta and Rodney Joseph Jr. for federal racketeering crimes closed yesterday, more than a month after it began. Final arguments from the prosecution and defense will be delivered Wednesday, followed by jury deliberations.

Monalim was wearing a body microphone supplied by the FBI when he talked to Motta on the Big Island Oct. 30, 2004. At the time, Motta was free on $1 million bail after being charged in state court with the Pali murders. The conversation took place at the Hilo home of Motta's mother, following a fundraiser held elsewhere to raise money for Motta's legal defense.

Asked by the prosecutor, Assistant U.S. Attorney Thomas Brady, what Motta's demeanor was when the two men talked, Monalim said, "He was cool."

Motta "had a mission in mind, to take over (illegal gambling) completely," Monalim said.

Motta and Joseph are accused of using violent crimes, including murder, robbery and extortion, to further a racketeering business that centered on protection of illegal gambling games.

They allegedly murdered two men in a rival protection group, Lepo Utu Taliese, 44, and Romilius Corpuz, Jr., 40, at an afternoon meeting at the golf course parking lot in early 2004. A third victim, Tinoimalu Sao, was critically injured by a gunshot wound to the face but survived to testify against the defendants earlier in the trial.

According to Monalim, Motta made statements and gestures during their conversation that do not appear on the transcript of the tape-recorded conversation.

At times, Monalim said, Motta whispered when he "was bringing up names or talking about the murder."

In one of those whispers, Motta said that "If he gets through this (murder case), he's gonna be bigger than his uncle," according to Monalim.

That was a reference to former Leeward O'ahu organized crime figure Charles "Charley" Stevens, who was an uncle to Monalim and both Motta and Joseph, according to Monalim.

"Our family not gonna have nothing to worry about if he beat this one," Monalim quoted Motta as saying.

Monalim said FBI agents searched his home in 2004 and that he began cooperating with them that year after they told him they had evidence connecting him to methamphetamine trafficking and money laundering.

He acknowledged that he has not been charged with a crime and has not "spent a day in jail" since he began cooperating.

"No promises were made. No deals were made. I'm not sure what's going to happen to me," Monalim said.

Monalim denied accusations from defense lawyers that he tried during the conversation with Motta to question the reputation of state Circuit Court Judge Michael Town.

It was Motta who first brought up the name of Town during the conversation, according to Monalim. While talking about Town, Motta put his hand in his pocket to say, "I got the judge in my pocket," Monalim testified.

Motta's defense lawyer, Charles Carnesi, accused Monalim of making up lies about Town to curry favor with federal law enforcement agencies, who were threatening to prosecute Monalim for drug dealing and money laundering.

"Did you feel that in some way slandering this judge would maybe get you a little more credit?" Carnesi asked.

"Negative," Monalim replied.

"Nobody involved in the prosecution indicated to you they were unhappy with some of the rulings this judge made?" Carnesi asked.

"I wasn't there to talk about Judge Town, period," Monalim said.

Town presided over the murder case of Joseph, Motta and a third defendant, Kevin "Pancho" Gonsalves, when it was still being actively prosecuted in state court.

Over the objections of prosecutors, Town allowed Motta to be free on $1 million bail, noting that, unlike Joseph and Gonsalves, Motta did not have a record of criminal convictions.

Motta has been held without bail after he and Joseph and Gonsalves were indicted in the federal case in 2006.

Town has declined comment, saying through his law clerk that the Code of Judicial Ethics prevented him from speaking publicly about the matter.

No charges were ever brought against Town.

Yesterday, a group of prominent Hawai'i lawyers came to Town's defense in front of state Circuit Court, calling Town a judge of the highest integrity.

Among the group were Richard Turbin, William McCorriston and Jeff Portnoy, all past presidents of the Hawaii Bar Association.

They said the contents of the tape had wrongfully impugned Town's reputation and intended to ask the U.S. Attorney's Office and the FBI for an "explanation and apology."

Efforts to obtain comments from those agencies were unsuccessful yesterday.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.