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XEROX SHOOTINGS TRIAL
Carlisle: Uyesugi
was in control
The prosecutor and defense
By Debra Barayuga
make their final arguments in
the trial over the slaying of
seven Xerox workers
and Suzanne Tswei
Star-BulletinCopy repairman Byran Uyesugi knew it was wrong to kill his seven Xerox coworkers.
But even if he knew, by his own words, "Thou shalt not kill," he "didn't care and did it anyway," said city Prosecutor Peter Carlisle in closing arguments today.
Meanwhile, defense attorney Jerel Fonseca said Uyesugi suffered from delusional beliefs for at least 10 years in which he believed his co-workers were out to discredit him.
He sought sanctuary at home where he immersed himself in self-taught hobbies such as raising fish. But the delusions worsened over the years to a point where they invaded his sanctuary, Fonseca said.
His delusions became so severe that he believed the buttons on his mattress were listening devices a co-worker had placed there to spy on him at his home, Fonseca said. "This was his state of mind on Nov. 2."
Whether at the time of the shooting, Uyesugi could appreciate the wrongfulness of his conduct is the main question jurors will have to answer as they began deliberating this afternoon.
If jurors find Uyesugi knew it was wrong to kill, "then he is guilty of murder in the first degree and his insanity defense fails," Carlisle said.
Uyesugi is seeking to be acquitted by reason of insanity or convicted of a lesser charge on manslaughter in Hawaii's worst multiple murder. Killed in the shootings were Jason Balatico, Ford Kanehira, John Sakamoto, Melvin Lee, Ron Kataoka, Ronald Kawamae and Peter Mark.
That Uyesugi killed his seven coworkers is not disputed. "It was his gun, in his hands, his finger pulling the trigger, pumping his bullets into these people,"Carlisle said.
But even if the jury agrees Uyesui killed the seven men, then they must decide whether Uyesugi was acting under an extreme mental and emotional disturbance at the time of the shooting, which would essentially reduce murder to manslaughter.
In closing arguments, Carlisle recounted how Uyesugi was able to control himself before the shootings.According to Harold Hall, a psychologist hired by the state, "the defendant displayed a formidable amount of self-control before, during and after the incident offense," Carlisle said.
As early as 1993, Uyesugi exhibited self-control by not immediately acting on his threats. He told a co-worker then that if he were ever fired, "I am going to bring my guns and kill as many people as I can," the prosecutor continued.
When he got a call the day before from supervisor Mel Lee that he was going to be trained on the more sophisticated 5100 copy machine immediately after a Nov. 2 work team meeting, he also restrained himself, Carlisle said.
Instead, after deciding he was was going to kill his co-workers, he went out and purchased an extra magazine clip.
The next morning, he concealed his gun under his shirt and on the driving to work and after he arrived, he asked himself, "Should I do it or not?" Carlisle said.
He resisted shooting his co-workers when he first saw them at work. He was controlled enough that he fired 28 shots -- 25 of which hit their intended target -- was able to clear a jam, reload and resume shooting.
"He'd gotten off into the end of the diving board and leaped off into conduct he knew was wrongful," Carlisle said.
While Uyesugi did suffer from a mental disorder, he was not legally insane at the time of the shootings because "Byran Uyesugi knew, understood, recognized and appreciated that killing seven people was wrong," Carlisle said.
The defense argued that it was Uyesugi's delusional system which was in place on Nov. 2 .
On that day, Uyesugi still didn't realize he was suffering from a delusional disorder, Fonseca said.
"Doctors testified Byran had a classical case of delusional disorder," Fonseca said. His beliefs were "firm, fixed and unshakable."
Opening Arguments from May 15, 2000
Xerox killings - Nov. 2, 1999
