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Uyesugi found fit
to stand trial by
3 experts
Parts of the slaying suspect's
By Debra Barayuga
fitness report are kept secret
despite protests
Star-BulletinByran Uyesugi, the copy machine repairman accused of murdering seven co-workers last year, has been found fit to stand trial and assist in his defense.
Circuit Judge Michael Town made the finding yesterday after Uyesugi was examined by a panel of three court-appointed experts. But the judge, over the objections of an attorney for several news media organizations, ordered that portions of the panel's fitness report be kept secret.
Uyesugi, 40, has been charged with shooting his co-workers at the Xerox building on Nov. 2 in the state's worst multiple murder.
His attorneys asked that parts of the examiners' report be sealed because they contained statements he made about the circumstances surrounding the shooting and his alleged involvement.
Jerel Fonseca, one of Uyesugi's lawyers, said that those statements would not be admissible at trial and that their release would deprive his client of his constitutional right to to a fair trial.
"We have to minimize the effects of pretrial publicity to preserve Mr. Uyesugi's First Amendment rights," Fonseca said. "We don't think if certain facts came out, that could've been done."A psychiatrist and two psychologists independently found that Uyesugi was mentally competent to proceed with trial, understood the charges, proceedings and punishment he faces and could assist counsel in his defense.
The doctors also examined Uyesugi to determine his mental fitness at the time of the incident. Fonseca declined comment on those specific findings and said the defense still intends to raise the insanity defense at trial.
It will be up to a jury to decide Uyesugi's mental fitness at the time of the shootings. His trial on charges of first-degree murder, six counts of second-degree murder and another count of attempted second-degree murder has been set for May 15.
If convicted of first-degree murder, he faces life without the possibility of parole.
In rendering his decision, Town said court records and proceedings historically have been open to the public.
But after reviewing the examiners' report, he felt there was a "substantial probability" that Uyesugi's right to a fair trial would be prejudiced. He also wasn't persuaded that alternatives such as extensive voir dire -- questioning of potential jurors -- or change of venue could protect Uyesugi's right to a fair trial.
"I'm convinced this is the right thing to do," Town said. His order is in effect until the court rules otherwise.
The state and defense are expected to meet today to agree on specific statements they will ask the court to keep sealed and why.
Jeff Portnoy -- an attorney for the Honolulu Advertiser who also was representing TV stations KHON, KITV, KHNL and KGMB -- objected to having portions sealed.
Given the inordinate publicity surrounding the case already, "I don't think there's anything in that report that anyone can legitimately argue will jeopardize this defendant's rights to a fair trial," he said.
The public is entitled to know what is going on in the case, he argued. "Any secrecy will lead to suspicion, distrust of the judicial process and, in a crime like this, the process itself."
Portnoy, who had not seen the report, said the defense failed to present a compelling argument that the report contained information that could be prejudicial to Uyesugi.
He said an appeal will depend on how much is sealed, and the reasons.
Prosecutor Peter Carlisle joined in the defense's request to seal portions of the report, saying the contents might prejudice potential jurors.
The state is particularly concerned about finding 12 jurors who can set aside their preconceived notions and biases and render a verdict based solely on the evidence presented at trial, Carlisle said.
Xerox killings
