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Resentence possible in
‘heinous’ murder

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By Debra Barayuga
Star-Bulletin

Kauai prosecutors say they will consider the family's concerns when deciding whether to hold another sentencing hearing or simply resentence a couple currently serving two consecutive life terms for the kidnap and murder of Kimberly Washington-Cohen in 1997.

The Hawaii Supreme Court on Friday affirmed Monica Alves Peralto's and Mitchell Peralto's convictions and life term with parole on the kidnapping charge, which is normally punishable by a 20-year term of imprisonment.

But it sent the enhanced sentence for second-degree murder back to the trial court for resentencing because of a similar case that applied retroactively.

The trial court had previously granted the enhanced sentence of life without parole for the murder charge after a jury found the Peraltos guilty of the charges and unanimously agreed that the murder was especially "cruel and heinous."

The high court indicated the trial to determine guilt or innocence should have been held separate from a sentencing trial, where the jury determines whether defendants qualify for enhanced sentencing based on whether the crime was "especially heinous, atrocious, or cruel."

Kauai prosecuting attorney Michael Soong, who prosecuted Monica Alves Peralto and her husband, Mitchell Peralto, said he will discuss with the victim's family if they want the Peraltos resentenced to life with the possibility of parole on the murder charge, or to conduct a sentencing trial and "bring up the trial again."

"Maybe the family doesn't want to go through it again."

The couple were convicted in January 1998 of kidnapping and second-degree murder for the death of Alves Peralto's cousin. The couple had accused her of stealing from them.

Witnesses said the couple beat Washington-Cohen, bound her arms, ankles and breasts, gagged her mouth tightly until her face was deformed, and taped a blanket over her head and torso before dumping her into their back seat. Her body was found the next day in a shallow grave.

Last May, the high court ruled in another case, State vs. Young, that there wasn't enough evidence that a murder was "unnecessarily torturous" to the victim.

Monte Young had been convicted of second-degree murder for bludgeoning a man repeatedly in the head with a claw hammer in May 1997, resulting in his death.

The trial judge had rejected Young's insanity defense and sentenced him to life without parole for the "especially heinous, atrocious or cruel" murder.

The trial court resentenced Young to a life term with the possibility of parole. He is appealing the Paroling Authority's decision that he serve 100 years before he can seek parole.

Besides the Peraltos, there is only one other case in the state where the defendant received an enhanced sentencing for an especially heinous murder.

Mark Wade Dunse is serving a life term without parole for the 1996 murder of Johnnie May Nuuhiwa on the Big Island.