FL MORRIS / FMORRIS@STARBULLETIN.COM Delmer Edmonds Jr.

Judge rules
Edmonds case
dismissed for now

The state can re-indict him at any
time for a slaying 27 years ago

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By Debra Barayuga
dbarayuga@starbulletin.com

DNA testing has excluded Delmer Edmonds Jr. as the source of seminal fluid taken from a 13-year-old murder victim 27 years ago, a Circuit Court judge has ruled.

But Circuit Judge Marie Milks granted the state's request yesterday to dismiss the murder and attempted murder charges against Edmonds, 47, without prejudice, meaning the state can return at any time to re-indict him.

Edmonds, a former Kaneohe Marine, was accused of raping and killing Dawn "Dede" Bustamante and attempting to kill her friend Cherie Verdugo on March 14, 1975.

"The defendant is not deemed by DNA testing to be absolved of guilt in the case," Milks said, noting it's not up to the court, but a fact-finder, to decide how much weight to place on the DNA results.

Milks said there has been no showing that the DNA results are accurate or that they hadn't been tampered with. She also said there was ample evidence that led the state to indict Edmonds in the first place and subsequent evidence that "could outweigh" the reasonable doubt raised by the DNA results.

Edmonds declined comment as he left the courtroom after the court's ruling. He left the islands yesterday. He was temporarily released from prison Friday after being in custody since his arrest July 17, 2001, in Indianapolis, unable to post $500,000 bail.

His attorney, Deputy Public Defender Susan Arnett, who had argued for a dismissal with prejudice, said outside the courtroom they're not surprised at the outcome.

"The state's never going to admit they made a mistake. I hope Mr. Edmonds doesn't die before they admit they made a mistake. The fact is, he didn't do it and he's going home," Arnett said.

In court, Arnett argued the state did "absolutely nothing" from the latter part of 1975 to 2000 to solve the case. During that time, witnesses that could clear Edmonds have since died and since they weren't interviewed in 1975, that evidence is no longer available.

"Mr. Edmonds is entitled at some point to be free of this hanging over him."

Deputy Prosecutor Rom Trader said the state believed it had sufficient evidence beyond a reasonable doubt that Edmonds was responsible for the crimes he was charged with before the DNA results were known. "Now we have to reconsider," he said. "We will continue to pursue this case."

Sheri MacArthur, Bustamante's younger sister, said their family is pleased with the court's ruling "because now he can be indicted again and he will be."

She said Edmonds is not innocent and that the state has evidence that would have come out at trial to prove his guilt.

"I wish people could know about the other evidence: Why we know he's guilty," she said, declining to be specific. "I'm sure he won't sleep well at night now wondering when they'll come back and get him."

The state also noted that Edmonds allegedly made statements about his possible involvement while in custody after his arrest.

According to prosecutors, Edmonds allegedly told a cellmate that he remembered going to a party and then saw two girls walking. He noted he was high on acid and did not know if he killed the girl or not. He also said he left semen and that the DNA would match his semen.

Arnett said Edmonds denies making those statements and that it's not unusual for opportunistic prisoners sharing cells with high-profile prisoners to "make stuff up" for their benefit.

Edmonds has steadfastly maintained his innocence.

He maintains he was at his Waimanalo apartment on March 14, 1975, until 8:45 p.m. when he left to attend a party at a friend's home in Lanikai until 2 a.m.

Investigators have since spoken to several fellow Marines stationed at Kaneohe with Edmonds who said that about the time Bustamante was murdered, Edmonds came to the barracks one night appearing shaken and told them, "If anything happens, I was in the barracks all night, right."

He also showed up at a party in Lanikai, stayed for a few minutes then told a fellow Marine "If anyone asks, I was here all night," prosecutors said.

Yet another Marine told police Edmonds returned to his Waimanalo apartment one night appearing nervous and saying, "The bitch made me mad -- I shot her." When a fellow Marine commented on the interior of his car the next day, Edmonds allegedly said he had sex with a girl in his car.

Edmonds also denied ever making these statements and said he had no idea why they would make it up.

"The question that comes to mind, quite frankly, is if they had all that evidence, why didn't they go to trial?" Arnett asked.

In an interview earlier this week, Edmonds said, "We want to see justice ... want people to stand accountable, but the right people."