Murder Convictions Overturned For Two MenAppeals Court Says Judge Should Have Allowed Defense StrategyPOSTED: 3:43 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.
Previous Stories:
Copyright 2003 by TheHawaiiChannel.com All rights reserved. This material may not be published, broadcast, rewritten or redistributed. |
| ||||||||
   | ||||||||
