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XEROX SHOOTINGS TRIAL
Focus now on
jury as Uyesugi
trial’s final
act opens
First closing arguments, then
jurors must consider the evidence,
weigh experts' opinions
and deliberateBy Debra Barayuga
Charges and sentences
Star-BulletinWas he insane ?
That's the main question jurors will be weighing as they start deliberations in the multiple murder trial of Byran Uyesugi.
Circuit Judge Marie Milks will turn the evidence over to the six-man and six-woman jury after what's expected to be four hours of closing arguments tomorrow.
Closing arguments allow the prosecution and defense to highlight for the jury the evidence or lack of evidence important to their cases, and to persuade the jury how to vote. No new evidence will be presented.
Jurors, who have been prohibited from talking about, reading, listening or watching any accounts about the evidence presented over 10 days will be able to discuss the issues for the first time when they meet behind closed doors after the morning arguments.
The trial was on recess last week while Milks fulfilled a prior commitment to teach a course at the National Judicial College in Reno, Nev.
Uyesugi's attorney Jerel Fonseca said all the parties were aware of Milks' commitment and did not feel the recess would affect their case or the jury.
Uyesugi, a 40-year-old copy machine repairman, is charged with first-degree murder, seven counts of second-degree murder and one count of attempted second-degree murder in the November 1999 shooting that killed seven co-workers at the Xerox warehouse on Nimitz Highway.
The victims -- Jason Balatico, Ford Kanehira, Ron Kataoka, Ronald Kawamae, Melvin Lee, Peter Mark and John Sakamoto -- were all longtime Xerox employees who had worked closely with Uyesugi.The first-degree murder charge is for murdering more than one person; the attempted murder charge refers to a Xerox employee who narrowly missed being shot when he fled the Xerox building.
The jurors can find Uyesugi not guilty, guilty as charged of first-degree murder or acquit him by reason of insanity. If they convict him of first-degree murder, they don't have to return verdicts on the remaining counts of second-degree murder and attempted second-degree murder.
They also can convict him of the lesser offense of manslaughter if they find Uyesugi suffered from an extreme mental and emotional disturbance at the time of the shootings.
City Prosecutor Peter Carlisle said before trial began that his goal is to convict Uyesugi "as charged." Defense attorneys Rodney Ching and Jerel Fonseca are seeking an acquittal by reason of insanity.
First-degree murder carries penalties of life without the possibility of parole. Second-degree murder is punishable by life with the possibility of parole. Manslaughter carries a 20-year prison term, but if the court orders that he serve the terms consecutively, he likely will spent the rest of his life in prison.
If acquitted, Uyesugi likely will be sent to the Hawaii State Hospital for an indefinite term until the court finds he is no longer a danger to himself or to the community.
A jury must find Uyesugi guilty of first-degree murder if they feel the prosecution has proven "beyond a reasonable doubt" that he "intentionally or knowingly" caused the death of more than one individual.
Even if the jury finds the prosecution has proven Uyesugi caused the deaths of the victims, the jury must still decide whether the prosecution proved beyond a reasonable doubt that Uyesugi was not under the influence of an extreme mental or emotional disturbance.
If they decide his mental or emotional state influenced the killings, then they cannot convict him of murder but must return a manslaughter verdict.
To find Uyesugi not guilty because of insanity, the jury must decide whether the defense has proven that at the time of the shootings, Uyesugi suffered from a mental disease, disorder or defect and because of it, he either lacked substantial capacity to know right from wrong or to conform his conduct to the requirements of law.
In an insanity case, the burden of proof is on the defense to show that Uyesugi more likely than not was insane at the time of the shootings.
If Uyesugi is found not guilty by reason of insanity, Milks can commit him to the State Hospital if she finds he poses a danger to himself or others, order him released with conditions if he can be treated and supervised properly, or order him discharged if he is found to be no longer suffering from a mental illness and no longer presents a danger to himself or others.
Jurors were instructed that they should not allow the possible sentences to influence their decision.
But they face a tough task because of the emotionally charged and high-profile nature of the crime, said criminal defense attorney William Harrison, who has represented defendants in insanity cases.
Jurors have heard tearful spouses and prosecutors recount the horrible consequences of the shootings. But while jurors can't consider passion and prejudice in reaching a verdict, those issues will certainly play in the back of their minds, Harrison said. "It's not a clean case."
In weighing the testimony of the experts, it will be up to jurors whether to accept their statements and how much weight to give them. Just because someone is qualified as an expert and expresses an opinion, doesn't mean they have to accept it, Milks told jurors during instructions.
Testimony from doctors about what Uyesugi told them during their interviews also should not be viewed as evidence of its truth, but to help jurors assess the doctor's reasoning and opinions, Milks said.
Whether the jury convicts Uyesugi as charged or acquit him by reason of insanity, the outcome will mean the same, Harrison said.
"Either way, Uyesugi will be in a facility pretty much for the rest of his life because it's difficult for a judge in this kind of case to clinically discharge him."
Charges and sentences
The charges:
Possible verdict:
Possible Sentence:
Star-Bulletin staff
Xerox killings
