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Robbery suspects
now refuse to
testify against
codefendant

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By Debra Barayuga
Star-Bulletin

Two of three men who pleaded guilty to an armed "takeover" of the American Savings Bank in Kahala last July will not be testifying against codefendant Albert Batalona, on trial for attempted murder.

But portions of statements that Jacob Hayme and Sean Matsunaga gave to police and federal prosecutors will be admitted at trial, which resumes tomorrow. And a third codefendant, Roger Dailey, who identified his cohorts to police, is expected to take the stand tomorrow.

Hayme and Matsunaga, who both agreed to testify at any proceedings involving codefendants under a plea agreement with federal prosecutors, yesterday told Circuit Judge Marie Milks that they will not take the witness stand against or for Batalona.

Hayme said he changed his mind because "I don't wanna become a cooperating witness." Matsunaga invoked the Fifth Amendment.

Batalona is accused of firing multiple shots from a semiautomatic assault rifle at a police officer responding to the robbery. He faces life without the possibility of parole if convicted.

Batalona's defense, according to his attorney David Klein, relies on statements made by Hayme and Matsunaga indicating they both fired their weapons.

The state, during opening statements, noted Hayme did fire his weapon into the air at least five times.

The state objects to Matsunaga's recorded statement because it conflicts with the statement he gave in his plea agreement and other statements given by other witnesses.

Assistant U.S. Attorney Ron Johnson declined comment on what will happen to Matsunaga and Hayme for backing out of their plea agreements. Both are expected to be sentenced before Judge Alan Kay on Oct. 30. They were facing up to 20 years imprisonment on the bank robbery charge and a mandatory 10 years for the use of an automatic weapon.

Richard Kawana, attorney for Hayme, said it's up to federal prosecutors to determine whether they feel there's been any violation of the plea agreement.

He declined comment on whether Hayme is considering withdrawing his plea.

Matsunaga's attorney, Richard Gronna, also declined to comment.