Latchum suspects trial
By Debra Barayuga
delayed for mental
examination
Star-BulletinA mental examination has been ordered for one of three men in the shooting death of an Army pilot at the Waianae Army Recreation Center in June 1998. Two of the men could be facing the death penalty in the case.
U.S. Magistrate Francis Yamashita granted the defense's motion yesterday to delay the start of the trial from Feb. 15 until Sept. 12 so that defendant Bryson Jose can undergo a mental examination.
"After discussions with mainland counsel experienced in death penalty cases, we decided that there are issues that have to be resolved with respect to the state of mind of Mr. Jose at the time of the incident," said Don Wilkerson, Jose's attorney.
The U.S. Justice Department is still evaluating whether to seek the death penalty in this case and should be issuing a decision in a couple of weeks, Wilkerson said.
Jose, 21, Keala Leong, 20, and Roberto Miguel, 19, all have pleaded not guilty to first-degree murder, attempted robbery and attempted burglary. Jose and Miguel also face a firearms charge.
Miguel was 17 at the time he allegedly fired the fatal shot, killing 33-year-old John Latchum Jr., on June 3. While first-degree murder carries a possible death sentence, federal law prohibits juveniles from being executed. Miguel, however, has been charged as an adult so he faces life without the possibility of parole, as do the other two if prosecutors decline to seek the death penalty.
Miguel and five others allegedly tried to break into a beach-side cabin where Latchum and his family were vacationing and rob them.
According to the FBI, Miguel admitted firing the fatal shot, but said he did it because Jose told him to.
Jose and his codefendants are all being held without bail.