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AFTER 2-1/2-years, John Latchum Sr. can finally say justice was done.
Two defendants are convicted
of murdering the Army pilot;
a third case ends in a mistrialBy Debra Barayuga
Star-Bulletin"It does pay off, it just takes a while sometimes," he said today from his home in Bear, Del., after two of three defendants were convicted of murdering his son, Army pilot John Latchum, at a Waianae vacation cabin.
Roberto Miguel, 19, and Bryson Jose, 22, are now facing a mandatory sentence of life in prison without parole after their convictions in federal court yesterday.
"If you're patient, it all comes out in the end," he said.
As for his son's wife, Wendy, "I know it's a relief for her to know they won't bother her or anyone else -- get them off the streets."
Latchum Sr. says he's willing to wait some more to see what happens to the third defendant, 21-year-old Keala Leong.
If not for one juror, Leong would also be awaiting a life sentence with no parole .
Instead, U.S. District Court Judge Helen Gillmor declared a mistrial for Leong on first-degree murder and attempted burglary charges.
U.S. Attorney Steve Alm had no comment on the verdict, but said he will decide in the next few weeks whether to retry Leong, 21, on the first-degree murder and attempted burglary charges.Miguel, the alleged shooter who was 17 at the time but was prosecuted as an adult, will be sentenced July 2. Jose will be sentenced on June 25. Both were also convicted of firearms offenses.
All three defendants remain in custody without bail until sentencing or, in Leong's case, the retrial question is resolved.
Wendy Latchum, who was present for most of the trial and testified for the government about the night she last saw her husband of 11-1/2 years alive, returned to the mainland last week along with her father-in-law.
Miguel and Jose showed no visible reaction when the verdicts were read. But they applauded and nodded in approval when Gillmor, after polling the jurors and holding a series of private discussions with the attorneys, declared a mistrial for Leong.
Leong's codefendants believed strongly that he should not have been charged, Rustam Barbee, Leong's attorney, said outside the courtroom.
Leong, whose mother, grandparents and aunt and uncle were in the audience during the verdict, was pleased with the outcome, Barbee said. The verdict shows the juror was not persuaded by the government's arguments that Leong was guilty of murder just because he was at the cabin that night, said Barbee.
While Leong doesn't dispute he was there, "Clearly based on the evidence, he was not a participant," Barbee said.
If Leong is retried, Barbee said he is confident his client will be acquitted.
The jury deliberated almost three full days after the government presented evidence for 13 days in the last five weeks.
All three defendants declined to testify in their defense and only Jose called a witness.
They were indicted on charges of first-degree murder, two counts of attempted robbery and attempted burglary.
To convict the defendants of murder, the jury had to find that they were guilty of attempted robbery or attempted burglary and that during the course of those offenses, someone was killed, and that the killing was a reasonably foreseeable consequence.
Government prosecutors contended that Miguel fired the fatal shot, but that all three went to Cabin 48F at the beachside Waianae Army Recreation Center popularly known as Rest Camp at the in the early morning hours of June 3, 1998, with the sole intent of breaking in and robbing the occupants.
It was the last day of vacation for Latchum, 33, who was staying at the beachside cabin with his wife, Wendy, and their two children, Joshua and Breanna.
He was shot in the heart when he went outside to scare off the group of boys who were trying to break in, according to his wife's testimony.
Government witnesses Keoni Tapaoan and Donald Calarruda, who were with the three defendants at Rest Camp, placed Miguel, who was holding the gun, and Jose on the porch. They said Miguel was trying to break into the front wooden door and Jose was bent over the sliding glass door next to it. They last saw Leong on the bottom step leading up to the porch, but not on the deck.
Tapaoan testified that Miguel later told him he shot the man on the porch and demonstrated his firing stance.
Another witness testified that he saw the youths running from the direction of Rest Camp and that one, Jose, told him he had better run because "we just went shoot somebody." He said he also saw Jose trying to stuff a rifle into the backpack worn by another youth.
Don Wilkerson, attorney for Jose, said his client is disappointed in the verdict, but feels he has issues that he can appeal.
Wilkerson, in closing arguments, had argued that there was no physical evidence that proved Jose tried to break into the cabin and rob the occupants.
Neither door to the cabin had damage that would have indicated someone tried to break in.
Deputy public defenders Peter Wolff and Shanlyn Souza, who represented Miguel, could not be reached for comment.
During the trial, they questioned the credibility of the government's witnesses, particularly Calarruda who "lied, lied and lied again," not only to police and federal investigators but also to a federal grand jury.
Wolff and Wilkerson during closing arguments questioned whether their clients were even capable of intent when they were so high on beer and marijuana before heading to Rest Camp.
The jury of nine women and three men eluded reporters after the verdict.
At least one female juror sniffed back tears earlier when Judge Gillmor polled them individually on whether they agreed with the verdicts as to Miguel and Jose.
The announcement of the verdict took more than an hour because of one female juror who said she did not agree with the verdict for Leong.
When polled on the four individual counts Leong was charged with, she said she would have found Leong not guilty of first-degree murder and attempted burglary.
The jury was unanimous in acquitting Leong of two counts of attempted robbery as to John and Wendy Latchum.
Calarruda has since been charged in connection with the shooting, but not with felony murder. Tapaoan could still be charged since the government did not give him immunity for his testimony and made no promises.
