The state Supreme Court ruled yesterday that the prosecution cannot use statements by one of three men in their trial on charges that they committed a brazen, daylight double murder at the Pali Municipal Golf Course two years ago.

In a setback for the prosecution, the high court ruled that Rodney Joseph Jr.'s statement to detectives was taken in violation of his right to remain silent under the state Constitution.

The court also held that any evidence gathered by police as a result of what they learned from Joseph cannot be used in the trial.

The court's ruling sends the case back to Circuit Judge Michael Town for trial.

The date of the trial is expected to be set later.

Joseph, 38, Kevin Gonsalves, 35, and Ethan Motta, 37, are charged with first-degree murder in connection with the shooting that police have said was linked to a feud between two groups providing security for gambling houses. First-degree murder carries a mandatory life prison term without parole, the state's harshest sentence.

Lepo Utu Taliese, 44, and Romilius Corpuz, 40, were killed in the early-afternoon shooting at the popular golf course on Jan. 7, 2004. A third man, Tinoimalu Sao, 44, was shot in the head but survived.

Police said the three men who were shot were unarmed.

Joseph surrendered to police the evening of the shooting. The next day, he gave a "pre-interview" statement to the detectives before giving a "formal interview" to the same detectives. He was advised of his rights between the two talks.

Joseph told the detectives he was in charge of security for gambling, but Taliese was in charge of a group that took over security operations two days before the shooting, according to a transcript of the statements. Joseph said he saw three men approaching him, fell to the ground, grabbed a gun and started firing.

In 2004, Town suppressed Joseph's statements.

Instead of proceeding to trial, city prosecutors appealed Town's ruling.

The high court ruled yesterday police should have told Joseph before the "pre-interview" he had a right to remain silent.

City Deputy Prosecutor Lucianne Khalaf could not be reached for comment yesterday, but at the time of Town's ruling, she said her office was considering an immediate appeal because it might not be able to use evidence police gathered based on what they learned from Joseph.

Clifford Hunt, Gonsalves' lawyer, yesterday said Town will now have to decide what other evidence will be suppressed. Hunt said the evidence might include statements from a man who said Joseph gave him guns that he melted down and tossed into Kapalama Canal.

Joseph's lawyer, Reginald Minn, declined to comment on the ruling.

Motta is free on $1 million bail. The other two defendants are in custody on $1 million bail each as set by Town, but city prosecutors are asking that the high court overrule Town and order the men held without bail.

Associate Justice Simeon Acoba wrote the court's opinion that Joseph's constitutional rights were violated. He was joined by Chief Justice Ronald Moon and substitute associate justice Corinne Watanabe.

Associate Justice Paula Nakayama wrote a separate opinion, saying she agreed with suppressing the statements, but on different grounds: that Christopher Evans, Joseph's lawyer at the time, did not effectively represent his client when he gave up his right against self-incrimination. Associate Justice Steven Levinson joined in Nakayama's opinion.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.