Hawai'i Legal News

  State v. Rosa (ICA August 31, 2020) Background. Keoni Rosa was charged with continuous sexual assault of a minor and sexual assault in the first degree. The complainant’s mother called the police to report a sexual assault that occurred when the complainant was thirteen years old—about a year before the incident. The police interviewed the complainant and the mother. Both reported multiple instances of sexual assault and identified Rosa as the assailant. The complainant reported communications over cellular telephones including exchanging “naked photos” and explicit texts. The police learned that the complainant’s mother erased the text messages and images and the phone was out of service. A detective followed up with a further investigation. The complainant again identified Rosa as the assailant.   Weeks later, a different detective went out to arrest Rosa, but could not find him. In the meantime a detective served a subpoena on cellular phone providers for text mess...

Background. Joseph Pitts was indicted for attempted murder in the 2d degree. Pitts and his friend Jason Brown were driving to the airport to pick up a mutual friend. On the way to the airport, Brown asked Pitts to stop to see a person named “Niki” who lived under a tree. They stopped at the location and both got out of the car. Brown lit a cigarette and was hit. Brown testified he saw Pitts but was frantic. He was stabbed in the neck and arms. He ran down the hill to a guard in a shack and announced “a black guy up there . . . just stabbed me.” He was positive Pitts was his assailant. Prior to trial, Pitts moved to exclude evidence that Pitts accused Brown of raping or sleeping with his girlfriend and that he demanded Brown apologize to him. The prosecution noted that there was no evidence of Pitts’ suspicions before Brown was stabbed. The circuit court, presided by the Hon. Judge Rom Trader, granted the motion. During jury selection, a potential juror expressed herself abou...

State v. Gouveia (HSC October 25, 2016) Background. Royce Gouveia was tried for manslaughter. At the end of the trial, the jury sent a communication informing the court that it had reached a verdict. Four minutes later it sent this note: “Concern. This morning on the prosecution’s side of the courtroom there was a man, shaved head, glaring and whistling at defendant. We have concern for our safety as jurors.” The circuit court conducted voir dire of the jurors—before opening the verdict—to determine what effect, if any, the incident had on them. All twelve were questioned. Four of them said that they saw a man sitting on the “prosecution’s side” of the courtroom whistling and glaring at Gouveia during the trial. The incident came up in the jury room before the jurors reached a verdict. One juror had a safety concern. Another juror said that it might have had an impact on “other people’s decision[.]” The prosecution moved for a mistrial over Gouveia’s objection. The circuit...

State v. Chin (HSC June 25, 2015) Background. Susan Chin was indicted with theft in the first degree, attempted theft in the first degree, and money laundering. Chin was the caretaker for the complainant, and the charges alleged that Chin took the proceeds from the sale of the complainant’s home, use of the complainant’s annuities and monies, and other benefits. Chin had a jury trial. In the middle of the trial, the prosecution’s witness, Charles Bowen, testified. The jury found Chin guilty of some, but not all charges. Chin filed a motion for a new trial and included a declaration of Bowen. Bowen was the complainant’s neighbor who provided evidence for the prosecution. Bowen testified that he had a job with the U.S. government and had a security clearance. In the middle of the trial, a juror approached him in the bathroom. The juror did not say he was a juror, but handed him a business card. The card appeared to indicate that the person was a retired United States Navy service...

Oahu Publications Inc. v. Ahn (HSC July 16, 2014) Background. Last summer, Christopher Deedy was on trial for the death of Kollin Elderts. After weeks of testimony, the case went to the jury for deliberation. The jury deliberated for several days before it became hopelessly deadlocked and the circuit court, Judge Karen Ahn, declared a mistrial. This case was covered by Oahu Publications, better known as the Honolulu Star-Advertiser, and KHNL/KGMB. On the fifth day of jury deliberations, Judge Ahn held five hearings that were not open to the public at the end of which, Judge Ahn sealed portions of transcripts pertaining to these sessions. At the last proceeding, Judge Ahn ordered the courtroom cleared a few times. The media did not object to the closing of the courtroom. When they resumed in the open, Judge Ahn declared a mistrial. A few weeks later, the Star-Advertiser and KHNL/KGMB (the media) filed in the HSC petitions for a writ of prohibition and a writ of mandamus on the g...

State v. Bailey (HSC March 1, 2012) Background. Peter Bailey was indicted with four counts of sexual assault in the first degree. HRS § 707-730(1)(b). The circuit court granted Bailey's motion in limine to exclude any evidence of prior criminal convictions at trial. Jury selection lasted several days. After the jury had been selected, however, Bailey moved for a mistrial on the grounds that the courtroom doors had been locked. The circuit court denied the motion and proceeded to trial. The Trial. The minor complainant testified at trial. She testified that she knew Bailey through the singing activities at their church. One night, Bailey called her and asked to meet him at the church to practice singing. She got permission from her mother and Bailey picked her up and took her to the church. She testified that Bailey approached her from behind and ordered to engage in various sexual acts. She took off her clothes and did so. Her uncle walked in on them and she put on her clot...