KEALAKEKUA — The prosecution rested its case Thursday against two brothers accused of murder in a jury trial that began over three weeks ago in 3rd Circuit Court. The defense will now make their case to the jury to prove their clients’ innocence.
Today, Deputy Public Defender Wendy DeWeese, counsel for Marlon Miranda-Garcia, will begin calling witnesses. After she rests, Terri Fujioka-Lilley, counsel for Eber Miranda-Garcia, will present her case to the jury.
The brothers are accused of second-degree murder and conspiracy to commit murder in the death of Dolores “Lolo” Borja-Valle. Lolo was found dead on Aug. 9, 2015, in a coffee field off of Keopuka Mauka Road in Captain Cook.
Thursday’s court proceedings were filled with multiple objections from both sides as well as bench conferences that kept the trial from moving at a more deliberate pace.
During several bench conferences, Robert D.S. Kim jokingly told the attorneys to “pull up a chair” as they approached him.
Questioning got particularly lengthy while Hawaii Police Detective David Matsushima was on the stand. Fujioka-Lilley began her cross-examination of Matsushima prior to the lunch break. It continued when court resumed and he didn’t step down until after 3 p.m.
“Now we’re getting into the nitty gritty and you’re objecting to everything,” Kim said to the attorneys. “I’ve given you latitude and now I’m reigning you in.”
On Matsushima’s direct, defense counselors objected to Lawson’s attempts to move into evidence a surveillance video taken at Kiernan’s Music in Kainaliu the night of Aug. 8, 2015, into the next morning.
Several objections by the defense were made, which were sustained.
During cross-examination, defense counselors also questioned Matsushima on other individuals police interviewed in their investigation as well as issues they might have had with Lolo.
Matsushima testified that he learned through those interviews that Lolo’s neighbors, Julio Garcia and Juan Magana, had a parking dispute with the decedent. The detective also confirmed that Magana left the state days after Lolo’s death and police were unable to question him further.
During redirect, Matsushima explained that police received several tips during their investigation.
“If we didn’t follow up on information, it was because it wasn’t consistent with the facts of the case,” Matsushima said.
The list of person’s of interest was narrowed after the cell phone tower dumps were conducted, the detective added.
Lawson also called to the stand Wido Martinez. With the assistance of a Spanish interpreter, he testified to the court that he has worked on coffee farms on the Big Island since 2004.
Martinez told the court that he worked at the Keopuka Mauka Road coffee field and Marlon and Eber Miranda-Garcia worked for him in 2013-14.
Lawson also called two residents of Keopuka Mauka Road to the stand. Both individuals testified that the road is not well traveled. One of the residents, Brad Uemoto, told the court he recalled seeing a truck and a smaller vehicle on the evening of Aug. 8, 2015, driving in close proximity to each other.
During cross-examination, however, Uemoto confirmed that he had neighbors that lived above him and he never saw the vehicles come back down the road.
After the jury was excused for the day, DeWeese made an oral motion for acquittal on both charges against her client. Fujioka-Lilley also made an oral motion for acquittal on the conspiracy charge.
Kim denied both motions.
