Prosecutors ask
for denial of bail
City prosecutors are asking the court to hold two murder defendants in the Pali Golf Course shootings without bail based on the nature of the charges and the number of victims.
Rodney Joseph Jr., 35, and Ethan Motta, 34, pleaded not guilty yesterday in Circuit Court to first-degree murder charges in the Jan. 7 shooting that left two men dead and another critically injured.
Rodney Joseph Jr.: Pleaded not guilty to first-degree murder in the Jan. 7 shooting
Lepo Taliese, also known as Lepo Utu, 44, and brother-in-law Romelius Corpuz Jr., 40, died of numerous gunshot wounds. Corpuz' brother, Tino Sao, 42, also was shot, but survived.
Police say the shootings apparently stemmed from a dispute between two factions vying to provide security at underground gambling houses.
Joseph, Motta and Kevin "Pancho" Gonsalves, 33, who was captured yesterday in Nanakuli after an extensive search, were indicted Jan. 13 for their alleged roles in the shooting and were ordered to remain in custody in lieu of $1 million cash bail only.
Defense attorneys for Joseph and Motta have filed motions to remove the "cash-only" designation, arguing that it's illegal.
In a motion seeking to hold them without bail filed Friday, prosecutors argued that the three face charges for serious crimes and should be considered dangerous and at risk of fleeing.
Under state law, a defendant is presumed to be a flight risk if charged with an offense punishable by mandatory life in prison without parole. The law also states bail may be denied if there is a serious risk that the person will obstruct justice or attempt to obstruct justice or injure or intimidate prospective witnesses or jurors.
After a grand jury indicted the three, prosecutors said that threats had been made against potential witnesses. Police confirmed that an employee of the golf course who may have witnessed the shooting was threatened with death if he testified.
Deputy Prosecutor Lucianne Khalaf confirmed yesterday that additional threats had been made, but declined to detail the source or the target to protect the identity of cooperating individuals.
Ethan Motta: His lawyer says state laws don't authorize the court to impose cash-only bail
Deputy Public Defender Todd Eddins, who represents Motta, argued that state statutes do not authorize the court to impose cash-only bail.
State law says "any person charged with a criminal offense shall be bailable by sufficient sureties" -- including cash, credit card, stocks, bonds or real property to satisfy the bail amount.
Eddins cited Supreme Court decisions that found that cash-only bail, in effect, denies a person bail by limiting his ability to post it in a manner that he can.
"A court may simply set the amount of bail. It cannot limit the form in which an accused may secure bail," Eddins argued in his motion.
Joseph's attorney, Michael Green, has joined in Eddins' motion.
When asked earlier about the report of threats, Green said none were coming from their side and the only ones he knew about were coming from friends of the victims.
The case has been transferred to Circuit Judge Michael Town, who has yet to schedule a hearing on either motion. Defense attorneys asked for a delay in the hearing to allow them to call witnesses.
