Deadly mutiny could
end up in trial

A Chinese cook who pleaded guilty to the 2002 stabbing deaths of the captain and first mate aboard a Taiwanese fishing boat had his sentencing delayed yesterday while defense attorneys argued a motion that would allow him to withdraw his plea and go to trial.

Shi Lei, 23, has sought to withdraw the plea agreement signed in January, arguing that he was coerced into the signing and was represented by ineffective counsel, according to attorneys.

His previous attorney, federal Public Defender Pamela Byrne, had said the plea agreement was in her client's best interest because he faced the possibility of life in prison if convicted, or deportation and a likely death sentence in China if acquitted. The plea agreement calls for a sentence of 24 years to 30 years in prison.

But Byrne was dismissed in June by U.S. District Judge Helen Gillmor, who said she felt the public defender had lost her objectivity and could no longer be impartial.

Shi was represented in court yesterday by attorney Richard Pafundi, who took over the case in July.

"He'd like an opportunity to go to trial, he'd like to raise his defense of self-defense," Pafundi said after court. "He thinks that the plea agreement he entered into -- which is tantamount to him spending another 30 years in prison -- is unfair under the circumstances."

Pafundi declined to comment on whether his client fears a possible death sentence in China if he is acquitted in a U.S. court.

"One can be certain that one does not know what will happen back in China," Pafundi said.

Shi passively observed yesterday's proceedings with his court-appointed translator but did not testify. He has not spoken publicly since his arrest on March 21, 2002, a few days after the fishing boat Full Means 2 pulled into Hawaii waters.

The cook was accused of taking control of the vessel after fatally stabbing the captain, Chen Sung-she of Taiwan, and first mate, Li Dafeng of China, following an argument. According to witnesses, other crew members later overpowered Shi, regained control of the ship and set sail for nearby Hawaii.

Shi had earlier pleaded innocent to charges of seizing a ship by force or threat, but in January entered into the plea agreement. U.S. Attorney General John Ashcroft had previously decided against pursuing the death penalty in the case.

Byrne testified yesterday that Shi was prepared to go to trial and present evidence that he and other crew members were held in slave-like conditions and that the slayings of the captain and first mate were an act of self-defense.

But because of the potential outcomes, "There was no point in going forward because if we win, we lose," she testified.

Assistant U.S. Attorney Thomas Brady denied that prosecutors threatened to deport Shi or have him locked away for life, but simply pointed out that both situations were possible under the law.

Brady also noted that Byrne's office received the plea agreement on Jan. 16, which would have allowed plenty of time for her and translators to review and interpret the document for Shi, so he could consider his options. Shi signed the agreement on Jan. 29 and it was entered with the court the next day.

Byrne at first testified that she never saw the document until Jan. 29, but later, based on records presented by Brady, acknowledged that her office may have received it sooner.

Gillmor did not rule on the motion yesterday and asked both sides to submit closing arguments in writing. She is expected to deliver her decision after Oct. 20.