Judge rejects dismissal
of man’s murder charge

WAILUKU » Maui Circuit Judge Shackley Raffetto has denied a motion to dismiss a second-degree murder charge against a man who claims he has not been given a speedy trial.

Raffetto noted the severity of the case yesterday and that Michael A. Pavich had previously waived his right to a speedy trial. The trial is scheduled Jan. 31 before Raffetto.

Pavich, 34, and his girlfriend Lisa H. Avilla, also 34, have been charged in the strangulation death of 82-year-old Edward "Doc" Bird, whose body was found in his ground-floor unit at Pacific Shores in Kihei on Dec. 3, 2000.

Bird was a retired Navy captain and physician.

Avilla's trial is tentatively scheduled for Dec. 13 but will probably occur after Pavich's trial, Deputy Prosecutor Robert Rivera said.

Defense attorney Keith Shigetomi said that when Pavich agreed to the waiver, he did not intend that his trial date would be pushed back for years.

Shigetomi said Pavich, indicted in January 2001 on a murder charge, has been waiting for the results of DNA testing from the county Prosecutor's Office since early 2003.

Shigetomi said he received the results of the tests only about two weeks ago.

Stephanie Floyd, a forensic scientist with Genetic Technologies Inc., said a DNA summary report was prepared and sent in 2002, and a formal detailed report on the findings was not requested until last month.

"That is the main reason for the delay. They didn't request it," Floyd said.

Rivera said a request was made months ago, but a final payment for the testing was not made until recently, which might explain the delay.

Rivera said he intends to introduce as evidence a napkin containing a mixture of blood that has DNA consistent with the DNA of both Bird and Pavich.

Rivera charged that Pavich needed to burglarize homes to feed his crystal methamphetamine habit and entered Bird's home with Avilla.

According to a court affidavit filed by police in December 2000, Avilla told police Pavich choked Bird.