StarBulletin.com

Would-be killer gets chance at parole


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POSTED: Saturday, September 27, 2008

A 22-year-old man who went on a 2003 crime rampage and almost killed a man in a Punchbowl home-invasion robbery should be in prison for an “;exceptionally long time,”; said city Prosecutor Peter Carlisle.

Circuit Judge Patrick Border resentenced Miti Maugaotega yesterday to life in prison with parole for attempted murder and a total of 60 additional years for various charges, including sex assault of a 55-year-old woman. The charges stemmed from five robberies and burglaries.

In 2004, Maugaotega was sentenced to 11 life terms, including one without the possibility of parole. However, last year, the U.S. Supreme Court set aside a state Supreme Court ruling that upheld the long sentence.

The federal court ruled that a jury, not a judge, must decide whether the facts demand that a defendant's sentence should be extended beyond the statutory maximum term and the scope of the jury's verdict.

Carlisle said after consulting with Eric Kawamoto, who was shot by Maugaotega in the chest, and the other victims, the prosecution decided to withdraw the extended sentences, rather than have drawn-out proceedings that would require impaneling a new jury and getting expert testimony on Maugaotega's rehabilitation.

Maugaotega will now go before the Hawaii Paroling Authority, facing life in prison with the possibility of parole for his attempted murder charge, and an additional 60 years in prison for his other charges.

“;The consecutive sentences are going to have a bigger impact on exactly how much time he spends in jail,”; Carlisle said.

Maugaotega entered Kawa- moto's Punchbowl home in June 2003 and shot him in the heart, critically wounding him.

Kawamoto has since recovered and attended yesterday's hearing. He said although the five-year ordeal in the system has been trying, he is still satisfied with the outcome because the prison terms are to be served back-to-back.

“;We're just extremely glad it's over,”; added his wife, Leslie Kawamoto. “;It's closure for all of us, and it's good to move on.”;

Maugaotega was being held in an Arizona prison, but has recently been flown in and is being held at the Halawa Correctional Facility.

Defense attorney Walter Rodby objected to the terms being served back-to-back, and will be exploring whether a challenge can be made. He admitted that it may be a “;long shot”; since the sentences stem from separate incidents.