Judge denies mistrial
in shooting case
A circuit judge denied a defense motion for mistrial yesterday in the attempted murder trial of convicted cop killer Shane Mark.
In denying the motion, Circuit Judge Karen Ahn ruled that Mark's public defender, Debra Loy, is not limited from cross-examining a state witness who had been previously represented by the Office of the Public Defender.
"There has been no showing that Ms. Loy's loyalty to Mark would be divided or less than complete," Ahn said. She also denied a motion by Loy to withdraw as Mark's attorney. The trial is expected to resume today after a five-day break in which the judge considered the motion.
The state witness, John Piko, had been expected to testify last week. He was one of two state witnesses who testified at Mark's first trial last fall that Mark shot at him and another man in the parking lot of a Moanalua church in February 2003. The shooting occurred a month before Mark fatally shot Honolulu police officer Glen Gaspar at a Kapolei ice cream store and allegedly pointed his gun at another officer before being subdued.
Mark was convicted in December of second-degree murder in Gaspar's death and for second-degree attempted assault for shooting at a man who was with Piko at the Moanalua church parking lot.
Mark is now on trial for a first-degree attempted murder charge for allegedly pointing the gun at officer Calvin Sung in the Gaspar shooting and a second-degree attempted murder charge for allegedly shooting Piko in the leg in Moanalua.
Loy had asked the court to declare a mistrial, arguing that she cannot continue to zealously represent Mark without cross-examining and impeaching Piko. Public defenders had represented Piko in a 2001 forgery case and as recently as February, by Deputy Public Defender Jason Burks, when Piko's probation was revoked.
Prosecutors learned of Piko's conviction only recently and notified the defense on July 14.
Ahn ruled Piko may be considered a "former" client.