16 material witnesses Sixteen Chinese fishermen made their first appearance in federal court handcuffed and shackled yesterday because they are being held as material witnesses to the murder of their captain and first mate.
in ship killings
appear in court
The captain and first mate
of their ship were slain at seaBy Leila Fujimori
lfujimori@starbulletin.comJust before the hearing began, many of the crewmen expressed anger and refused to talk to their lawyers, while others demanded to speak to the Chinese consulate.
During the court session, Daniel Pagliarini, one of 16 court-appointed attorneys for the crewmen, asked U.S. Magistrate Leslie Kobayashi that the men not be handcuffed for future court appearances since they will be transported in small groups.
"It makes them disbelieve your statements they are held just as material witnesses," Pagliarini told Kobayashi.
The magistrate left it up to the U.S. Marshals Service to decide whether to have them handcuffed.
U.S. Marshal Vernon Broad said the restraints were necessary because there were so many detainees. "It's for their own protection as well as for the general public. It's a precautionary measure."
The government petitioned for the arrest of the crewmen as material witnesses Wednesday in the case against Shi Lei, the ship's cook.
The government alleges 21-year-old Shi, who is from China, fatally stabbed captain Chen Chung-She and first mate Li Da Feng on the Taiwanese fishing vessel, the Full Means No. 2, seized the boat and headed toward China.
The crewmen told the FBI they overtook Shi and changed course to Hawaii. The U.S. Coast Guard found the boat 60 nautical miles south-southeast from Hilo.
The other half of the 30-member crew is not being detained and remains on the ship, which is not being held by the federal government and could leave at any time. The ship's Taiwanese owner, FCF Fishery Co., will be responsible for their return. A company representative has refused comment.
Pagliarini told Kobayashi his client wanted to speak to the Chinese consulate, which has no Hawaii office.
But the crewman had spoken to a member of the consulate while here. Assistant U.S. Attorney Thomas Brady confirmed the visit of members of the Los Angeles consulate to Hawaii last Saturday.
The judge told the detained crewmen they would be questioned by the government and Shi's attorneys beginning next week, that their depositions would be taped and they would not be held for trial.
First Assistant U.S. Attorney Elliot Enoki said the case can be tried without the witnesses being present to testify since Shi's lawyer would be present during the depositions.
Attorney Arthur Ross asked the court to limit the time that the government has to take the depositions, and the judge agreed.
The judge explained to the detainees they would not be hurt, but because they have no legal permission to stay in this country, they could not be released.
The crewmen smiled at one another after the judge told them they will be housed at the Federal Detention Center for their safety and comfort.
The lawyers said they would ask for a $40-a-day witness fee for their clients, who usually make about $120 a month on the fishing boat.
Most of the witness lawyers joined Rustam Barbee, who asked the court to dismiss his client since the government failed to show how his client was a material witness.
The witness attorneys met privately with the judge after the court appearances and were told they have until the end of next week to file their requests to dismiss the petition ordering the arrests.
The court scheduled detention hearings for next week.
After the court appearances, witness attorney Michael Ostendorp said: "If it were a British ship, they would not be held at the Federal Detention Center. If they weren't Chinese nationals, they'd be held at the YMCA."