Robbery suspect faces
attempted murder trial

By Debra Barayuga
Star-Bulletin

One of four men being held on federal charges in connection with last month's "takeover" robbery at the American Savings Bank in Kahala now faces 17 state charges, including first-degree attempted murder.

An Oahu grand jury yesterday also indicted Albert Raymond Batalona, 24, on one count of first-degree robbery, carrying or threatening to use a firearm in the commission of a separate felony, 13 counts of kidnapping and possession of a prohibited firearm.

First-degree attempted murder carries a mandatory penalty of life in prison without the possibility of parole.

It is committed if a person intentionally or knowingly tries to cause the death of more than one person or certain classes of people, including police officers. Batalona is accused of firing more than 20 shots with an assault weapon at police officer Frederick Rosskopf, who was one of the first officers responding to the July 7 heist.

The kidnapping charges result from the alleged holding of 13 bank employees and customers against their will. Batalona also is accused of using a firearm to hijack a Makiki Bake Shop van to make his getaway.

Based on the known facts in the case, the chances of the state successfully prosecuting Batalona on the attempted murder charge are "very good," said Deputy Prosecutor Kevin Takata, co-chair of the Trials Division in the prosecutor's office.

Rustam Barbee, court-appointed attorney for Batalona, declined comment on the latest charges until he speaks to his client today. Batalona is not aware of yesterday's indictment but had considered the possibility of federal prosecutors turning his case over to the state, Barbee said.

Batalona, along with co-defendants Sean Matsunaga and Jacob Travis Hayme, were transferred over the weekend to the Alameda County Jail in California pending trial because of lack of space in the state prisons.

U.S. attorneys had until this week to indict the three men on federal bank robbery charges, but may ask for an extension.

Barbee, though, said, "My understanding is the feds will decline further prosecution of Mr. Batalona" because of the state charges.

Hayme, Matsunaga and the other co-defendant, Roger Dailey, were not named in yesterday's indictment.

If he is convicted of first-degree attempted murder, Batalona cannot be paroled.

After 20 years, however, the governor may commute his sentence to life in prison with parole. The Hawaii Paroling Authority would then decide how much time Batalona actually serves.

Batalona also faces prison terms of up to 20 years for first-degree robbery, 10 to 20 years for each kidnapping charge, five years for possession of a prohibited weapon and 20 years for carrying and threatening to use a firearm.

A federal magistrate last month ordered Batalona, Hayme and Matsunaga held without bail on bank robbery charges pending a federal grand jury indictment. Under the charge, they face a maximum 25-year prison term, and an additional 10 years because assault weapons were used.

Dailey is cooperating with authorities and is in protective custody.