Jury convicts
prison escapeesAlbert Batalona is also
found guilty of stealing
a car and cell phone
A Circuit Court jury convicted inmate Albert Batalona and adjacent cellmate Warren Elicker of escaping from Halawa Correctional Facility in April -- a first from the prison.
Batalona was also found guilty of the lesser charges of second-degree and fourth-degree theft for stealing a man's car and another man's cellular phone at the Stadium Mall area shortly after their escape.
The jury took nearly two days to convict the two.
The state accused the two of leaving the facility without permission on April 4. Batalona was also accused of threatening "imminent force" against two men he met at Stadium Mall to obtain their car and cell phone.
Batalona, Elicker and David Scribner, another inmate who pleaded guilty earlier, fled to Windward Oahu and hid in the Hauula mountains. They were captured a week later following an intense manhunt. The trio had managed to dig holes in their adjoining cell walls and escape during a power outage at the prison. Scribner earlier had pleaded guilty to escape.
Nelson Goo, Batalona's attorney, said he was pleased with the verdicts, saying Batalona would have pleaded to those charges if given the chance. He criticized prosecutors for "overcharging" his client with second-degree robbery and refusing to work out a plea agreement before the case went to trial.
Jean Ireton, deputy prosecuting attorney, defended the robbery charges against Batalona, saying the grand jury had agreed they were appropriate. The prosecutor decided not to plea bargain with Batalona partly because of his dangerousness and the "need to confine him in prison for as long as possible for the protection of the public," she said in a written statement.
Batalona is currently serving a life term without parole for shooting at a police officer responding to a robbery at the American Savings Bank in Kahala in 1999.
Batalona argued at trial that he escaped because he believed he was dying from lack of adequate medical care for his ailments. Elicker had contended he escaped because he felt his life and family was in danger from rival gang members in the prison.
Winston Ling, attorney for Elicker, declined comment.
Ireton said the Prosecutor's Office will ask the court to sentence Batalona to 20 years in addition to his life term for the attempted murder of a police officer. Batalona and Elicker will be sentenced Jan. 12.
