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.