KEALAKEKUA — Jury selection is underway for the trial of two brothers facing murder and conspiracy charges in the death of a Holualoa man three years ago.
Almost a year after their arraignment and plea in 3rd Circuit Court, Eber and Marlon Miranda-Garcia are going to trial on charges of second-degree murder and second-degree conspiracy to commit murder. The men are accused in the murder of Dolores Borja-Valle, also known as Lolo, who was found dead Aug. 9, 2015, in a Captain Cook coffee field.
On Tuesday, 3rd Circuit Court Judge Robert D.S. Kim began the process to build an impartial jury for the trial, which will start when 12 jurors and four alternate jurors are selected.
Four panels, or groups of Hawaii County residents, will be screened by Kim and attorneys for the state and defense counsel. About 200 residents were called to serve in each group. On Tuesday morning, the first panel was reviewed. Court officials say 20 were excused and 23 didn’t appear. Later in the afternoon, the second panel was screened.
“The defendants have pled not guilty, which is why we’re here today,” Kim said to the courtroom full of potential jurors Tuesday morning. “Defendants are presumed innocent until the state proves guilt beyond reasonable doubt.”
The complaints, or charges against the brothers, Kim said, are not evidence.
“This case must be decided on the evidence and law presented in the courtroom,” the judge added.
By Tuesday afternoon, 12 people had been selected at random as potential jurors to sit in the jury box. From there, Kim went through a list of questions to determine what would disqualify them from the trial.
As some potential jurors felt they could not be impartial for various reasons, they were excused.
“The sole purpose is to determine if you can be a fair and impartial juror,” Kim told the men and women in the jury box as he asked them questions.
The judge asked if they knew witnesses and if their relationship would impact their ability to be fair. Kim said it’s normal to have biased feelings and concerns.
“If the court is asking you to set that aside, can you do it?” he questioned.
Many said they were able to look past relationships and personal feelings. A few said they couldn’t.
Prosecutors and defense counsel agreed that selecting a jury is an important part of judicial process.
“Without the process the system doesn’t work,” said Deputy Prosecutor Sheri Lawson.
The attorneys were optimistic by the end of the day at the number of potential of jurors that had been screened.
Deputy Public Defender Wendy DeWeese, representing Marlon Miranda-Garcia, said she thought the judge was careful and meticulous.
“This is what it’s all about,” DeWeese said. “It’s the test of the system. Charges are serious and it’s going to take time and a lot of people’s lives are going to be affected by it.”
Today, prosecutors and defense counsel will have an opportunity to ask questions of the potential jurors to further ensure the jury will be impartial during trial. Screening will proceed throughout the week with the next two panels.
I would like to know the immigration status of all of these characters . Including the victim . The State and County of Hawaii have a policy of not mentioning the immigration status of all such crime perpetrators , victims , and those involved in serious accidents on our roadways . Even rapists on the Old A ball field are not identified as to their immigration status . Why not? The public has a right to know . How about these killers ? ‘Legals’ or illegals ? If they are illegal , who hired them and who gave them a place to live ( hide out) ? This wink and nod attitude to the issue of illegal immigration for a community’s own selfish needs for cheap labor , cheap illegal labor , has got to stop . Ask the cops how many latino gangs they know of which are operating on Hawaii Island . They will never tell you . But they know .
Same issue with criminals when being caught with a gun: Who sold them the gun and where? But you seem to be ignoring those.
Why not check when they last had a dental exam or flossed? Any other irrelevant issues you would like to add on?
Your NRA is going bankrupt. That relevant enough for you?
Geez Rebecca, between the Russians and the NRA, how do you sleep at night?
Hey girlfriend, still faking to be that tough marine no one ever heard of?
You are dumb to remind any reader that recalls you were outed as a liar when challenged to back up what you were posting. You tried to slander someone you knew nothing about. No claim as to service was even made, you just started lying out of raw hatred apparently.
Even offered a small bet, and you went silent, proving the lie you were pushing. Thanks for reminding me of what you are Rebecca J.
So why don’t you dare to post the name of the person who you phantasize I am? Better, post your own. You are stockpiling weapons so no need to be shy.
We go back through so many various profiles! Having been with each other through so much. The WHT & Disqus bans, the curses, the compliments, the insults, the fact finding missions. Bush 2, Obamas terms, now the Trump-turds reign. your requests for personal confrontations and rigging PO boxes. Your gender confusion, the drug kingpin suspicions, the misogyny, racism, evangelical inquisition and the overall paranoia … you got it all!
You became my favorite placeholder for everything that’s wrong in this country. Hope you stick around for a while longer. Few adversaries are more rewarding than you. 🙂