XEROX SHOOTINGS
The Xerox copier repairman who allegedly gunned down his supervisor and six co-workers pleaded not guilty today and may claim insanity.
"We know that there were some concerns (about his mental health). We're trying to get his medical records and find out what all the facts are," said criminal defense lawyer Jerel Fonseca, who met with his client for the first time yesterday. "We're looking into any possible defense, including mental illness."
Byran K. Uyesugi, 40, was arraigned this morning before District Judge Paula Devans-Matayoshi, having been charged yesterday with one count of first-degree murder, seven counts of second-degree murder and related firearms charges. A first-degree charge covers multiple killings, and conviction means a mandatory sentence of life imprisonment without parole. Hawaii has no death penalty.
Uyesugi was clad in white coveralls and socks, and was shackled at the wrists and ankles. He shuffled into the courtroom with his head bowed, trying to avoid news cameras. Family members were not present, and he did not speak at the hearing.
At least six sheriff deputies were in the courtroom. One or two are normally present for a defendant's first court appearance.
First Deputy Sheriff Frederick "Cappy" Caminos said security was beefed up because calls had been made to the Oahu Community Correctional Center that the state Public Safety Department perceived to be threats against Uyesugi. But there were no problems at the hearing, Caminos said.Prosecutors now have 48 hours to charge him through a preliminary hearing or grand jury indictment to send the case to Circuit Court. Devans-Matayoshi set a preliminary hearing for 1:30 p.m. Tuesday.
Attorney Rodney Ching, co-counsel to Fonseca, said it is likely a special grand jury would be convened before then. "It's not an ordinary case."
Uyesugi, who has been held in a solo cell at the Honolulu Police Department cellblock, was to be transported to OCCC after his arraignment.
Fonseca said because of the volume of information and time needed to prepare for the case, Uyesugi may not go to trial for possibly six months.
He said it will be difficult for Uyesugi to receive a fair trial because of the nature of the crime and the high amount of publicity surrounding the case. Possible remedies that could be sought include a change of venue, he said.
The court today confirmed Uyesugi's $7 million bail, reportedly the most ever in Hawaii. City Prosecutor Peter Carlisle said he would seek to have even that amount revoked so Uyesugi could not be released pending trial. Fonseca said that was unnecessary because "$7 million bail is the same as no bail for the Uyesugi family. They can't come up with that amount even if they wanted to."He acknowledged it would be difficult to defend Uyesugi "without raising some sort of mental defense" but refused to discuss possible evidence or Uyesugi's personal or work history. Fonseca did say Uyesugi would plead not guilty at his preliminary hearing next week.
A neighbor said earlier this week that five or six years ago, Uyesugi had complained of being tormented by a "spirit ... poking him in the brain." However, others who knew him had no such inkling. And Uyesugi underwent anger management counseling after kicking an elevator door in 1993. The charge was dismissed after the counseling but prevented him from legally registering more firearms than the 17 he owned at the time.
Uyesugi had not yet made a statement to the police but may later, Fonseca said, adding that he was "quiet, reserved" during their 15-minute meeting yesterday. He refused to disclose what was said.
Carlisle said he doubted an insanity defense would hold up based on the gunman's "actions at the building," which he declined to specify. But others speculated that Carlisle meant in part that the gunman apparently spared one victim and left the building calmly, trying to conceal his gun on the way out.
Carlisle, whose wife worked for Xerox for 20 years, said he may handle the case himself, and decried the cowardice and brutality of the crime: "Shooting down people who are unarmed, who are essentially defenseless -- I consider that a cowardly act."
Fonseca and Ching got the case after the Uyesugis' family attorney, who does not handle criminal cases, contacted them. They discussed the case and decided to take it.
Ching acknowledged that "the facts, at this point, they seem overwhelming," but added: "If there is something we can do to assist him and the family, we will do it. It's a job."
Ching said he and Fonseca knew defending the man accused in the deadliest shooting in state history would not be popular. He said his children even have been "questioned" about it at school."I don't think we anticipated the full ramifications of this," Ching said.
Meanwhile, Xerox's 92,000 employees in 65 countries worldwide gathered at 8 a.m. Hawaii time for a moment of silence for the seven victims. Xerox President and CEO Rick Thoman called for the vigil by e-mailing the employees.
There have been 13 multiple killings in American workplaces since 1986. Of the three suspects who survived, two claimed to be mentally ill, according to The Associated Press.
Honolulu defense attorney Clifford Hunt, who is not involved in this case, said it is tough to win insanity defenses because "the community is very against it. They feel someone's escaping punishment, but that's not really the case. They're locked up, but in a mental hospital instead of a prison." However, such patients can seek release by proving they are no longer insane.
Hunt said prosecutors generally argue that if a crime was committed in a deliberate fashion, the perpetrator "couldn't be crazy. But that's not true either. An insane person can operate in a calculated way because they are operating under a delusion."
Conversely, he said, one could argue that "a person that walks into a business and murders seven people -- come on, they're obviously insane. Rational people don't come in and kill all their co-workers."
To prove insanity, the defendant must prove he suffered from a recognized disorder and was operating under its influence at the time of the crime, Hunt said. Another strategy would be to argue that the defendant suffered "extreme mental or emotional disturbance" at the time, but that would at most reduce the charges to manslaughter, he said.
Police have not given a possible motive for the attack but have said how they think it happened. They claim Uyesugi went to the Xerox parts warehouse on Nimitz Highway soon after 8 a.m. Tuesday and fired a 9 mm Glock handgun at one co-worker sitting at a desk on the second floor, another as he tried to leave the room, and five more meeting in a conference room down the hall.
Detectives recovered 28 bullet casings at the scene. One man in the first room was not shot, and provided eyewitness testimony to police.
Uyesugi allegedly walked calmly out of the building and drove away in his green Xerox van to a wooded spot in Makiki Heights. He surrendered to police after a five-hour standoff.
All seven victims were longtime Xerox employees. Uyesugi himself has worked at the company for nearly 15 years, and is on unpaid leave since being arrested.
Xerox spokesman Jeffrey J. Simek said Uyesugi had not been in danger of being fired or disciplined before the killings, as family members had earlier speculated. The company had no idea what may have motivated the attack, he said.
Jaymes K. Song contributed to this report.
