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Thursday, May 11, 2000



Serrano jurors
report threats; potential
new witness emerges

By Rod Thompson
Star-Bulletin

Tapa

HILO -- Jurors were to continue deliberating today in the Sequoya Vargas murder case, despite an unknown man threatening some of them, and despite the naming of a new potential witness who might help show the suspect is innocent.

The jury is deliberating charges of murder, kidnapping and sexual assault against Richard Damian Serrano, 29, accused in the 1993 death of Vargas, 16, a Pahoa High School girl.

Two other men, who made plea deals, testified they joined Serrano in the attack, getting Vargas drunk, raping and beating her, and finally dragging her out to sea to die. Vargas was never found.

Serrano said the two, Jason McCubbins, 27, and Matthew Gibbs, 26, falsely accused him in order to get leniency.

Jurors, who began deliberating Tuesday, reported to Judge Riki May Amano yesterday that a man walked by them when they were on a break, demanding they find Serrano guilty. Four jurors heard the comments.

A fifth juror reported hearing a comment from a different person.

Defense attorney Harry Eliason asked Amano for a mistrial, but she denied the request after jurors assured her they would ignore the out-of-court comments.

Eliason also asked for a mistrial based on information available from Matthew Soriano, a person not previously mentioned in the case.

Eliason said he belatedly learned about Soriano from prosecutors, and that Soriano may provide information helping to show his client is not guilty.

No further description of Soriano or his information was given in court.

The vagueness left Amano uncertain about the value of Soriano's information, and she set a hearing for May 22 to find out what he has to say.

That hearing wouldn't be needed if the jury finds Serrano not guilty. If he is convicted, Soriano's information might lead to overturning their verdict and to a new trial.



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