Sentencing set
for isle guardsman

A circuit judge will consider a
defense request to reopen the
home invasion case at that time

Circuit Judge Virginia Crandall has set a hearing Sept. 10 to sentence a home invader convicted more than two years ago of tying up two Manoa women and robbing them at gunpoint.

Crandall found Shaun Rodrigues, 24, of Kailua, guilty in March 2002 of first-degree burglary, two counts of first-degree robbery and two counts of kidnapping in the July 8, 2000, incident following a jury-waived trial.

But sentencing was delayed numerous times and could have been delayed for another year and a half after Rodrigues, a specialist in the Hawaii National Guard, was placed on active duty Aug. 16 and was to be deployed to Iraq.

Defense attorney William Harrison contends that Rodrigues is not technically convicted until he is sentenced and that he is obligated to fulfill his duties as a guardsman.

"He loves his country and wants to serve his country and should be entitled to serve his country," Harrison said yesterday.

Rodrigues' command in the National Guard supports him and was aware of the charges he faced but did not relieve him of his duties because they were waiting until he was sentenced, Harrison said.

Crandall did not address the issue of whether Rodrigues has been legally convicted.

But Deputy Prosecutor Russell Uehara maintains that Crandall found Rodrigues found guilty more than two years ago following a jury-waived trial. She also issued written findings in December detailing the basis for her decision.

Uehara had asked the Hawaii National Guard last week to reclassify Rodrigues to inactive status so he could not be deployed. Within days the Hawaii Army National Guard issued an order Friday removing Rodrigues from active duty effective tomorrow after reviewing his case and the judge's 27-page findings.

Uehara said Army officials were surprised to learn about Rodrigues' current status.

"Once they found out what really happened and looked at the findings, (they said), 'Hey, this person should not have been activated,' because a person who has pending sentence for multiple felonies with mandatory prison terms and a person facing trial in another felony case should not be placed on active duty," Uehara said.

Rodrigues faces mandatory 20-year prison terms for the robbery and kidnapping charges. But Uehara said he will ask the court to extend the terms to life with parole based on the multiple offenses.

Harrison said they will oppose the request because Rodrigues is innocent. He has asked the court to reopen the case based on newly discovered evidence implicating another man for the robbery. Crandall is also expected to hear arguments on that request on Sept. 10.