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Separate trial
from alleged Latchum
gunman sought

By Debra Barayuga
Star-Bulletin

One of three men awaiting trial in the 1998 shooting death of Army pilot John Latchum at the Waianae Recreation Center has asked to be tried separately from the alleged shooter.

U.S. District Judge Helen Gillmor yesterday said she is inclined to avoid a separate trial, but continued the hearing on Keala Leong's request to today, after which she is expected to rule.

Leong, 19, allegedly was with a group of males, including Bryson Jose, 20, and Roberto Miguel, 17, who are accused of attempting to burglarize a beachside cabin occupied by Latchum and his family early June 3, 1998.

Latchum was killed by a single gunshot to the chest when he went outside and confronted the group.

According to the FBI, Miguel admitted to firing the .22-caliber rifle, but said he did so at Jose's urging. All three have pleaded not guilty.

Rustam Barbee, attorney for Leong, said Miguel's statement to police implicates his client. If the statement is admitted at trial, Leong will not have the opportunity to confront his accuser.

Assistant U.S. Attorney Ron Johnson suggested that portions of Miguel's statement could be redacted so that Leong's right to a fair trial would not be prejudiced.

Cautionary instructions also can be given to the jury that the statement is to be only used against Miguel and not the other defendants.

When the case goes to trial, the government does not intend to rely solely on Miguel's statement, but also on other individuals who allegedly will name Leong and Jose, Johnson said. However, "The most powerful piece we have against Miguel is his own statement."

As another alternative, Johnson suggested having two juries hear the case -- one to hear all the evidence, and the other to hear all evidence except Miguel's statement.

Shanlyn Souza, federal public defender for Miguel, did not object to the severance. Don Wilkerson, attorney for Jose, is expected to join in Leong's motion, Barbee said.

Earlier this year, U.S. Attorney General Janet Reno declined to authorize a death penalty prosecution for Jose and Leong. Miguel was not eligible for the death penalty because he was a juvenile at the time of the shooting.

The three face life imprisonment without parole if convicted of first-degree murder.

The trial, initially set for Feb. 12, was postponed to Sept. 12 after the court ordered a mental examination of Jose at Wilkerson's request.