Murder Convictions Overturned For Two Men
Appeals Court Says Judge Should Have Allowed Defense Strategy
POSTED: 3:43 p.m. HST July 23, 2003
UPDATED: 4:04 p.m. HST July 23, 2003
HONOLULU -- Two men convicted of killing an Army pilot in 1998 have had their murder convictions overturned.
Roberto Miguel (pictured, left) and Bryson Jose (pictured, right) were convicted of felony murder for the death of Capt. John Latchum. Latchum was shot in 1998 when he caught Jose and Miguel trying to break into his Waianae vacation cabin.
An appeals court Wednesday ruled that Judge Helen Gillmor should have let the defense try to blame one of the witnesses, Donald Callaruda, for the shooting.
"Donald Callaruda was not a participant in the burglary or the robbery. Therefore, Jose and Miguel are not liable for felony murder," Jose's former defense attorney, Donald Wilkerson, said.
A dissenting appeals judge and prosecutors defended the guilty verdicts, saying it was clear from the evidence Miguel was the shooter. Even if the government does not appeal, the men could get several years in prison because their robbery convictions were upheld.
Roberto Miguel (pictured, left) and Bryson Jose (pictured, right) were convicted of felony murder for the death of Capt. John Latchum. Latchum was shot in 1998 when he caught Jose and Miguel trying to break into his Waianae vacation cabin.
An appeals court Wednesday ruled that Judge Helen Gillmor should have let the defense try to blame one of the witnesses, Donald Callaruda, for the shooting.
"Donald Callaruda was not a participant in the burglary or the robbery. Therefore, Jose and Miguel are not liable for felony murder," Jose's former defense attorney, Donald Wilkerson, said.
A dissenting appeals judge and prosecutors defended the guilty verdicts, saying it was clear from the evidence Miguel was the shooter. Even if the government does not appeal, the men could get several years in prison because their robbery convictions were upheld.
Previous Stories:
- October 29, 2001: No Suit For Army Pilot's Family
- September 5, 2001: Man Sentenced To Prison For Assault
- July 3, 2001: Defendant Takes Stand In Good Samaritan Death
- December 28, 2000: Defendant Pleads Not Guilty To Murder
- December 27, 2000: Widow Of Murder Victim Speaks
- December 27, 2000: Two Convicted In Dramatic Murder Trial
- December 6, 2000: Counselor Says He Saw Gun Used In Pilot's Murder
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