1 acquitted in Chinatown murder; another could be retried

Published  1:09 PM HST Sep 05, 2013

One man accused of killing another man in Chinatown learned his fate on Wednesday.  A second man will have to wait.

Iosefa Pasene and Zorro Rye were charged with second-degree murder for the shooting death of Joseph Peneueta in 2009.  The men were tried in court last year, but it ended in a hung jury and a mistrial was declared.

This time, the jury found Rye not guilty of the charges.  But, the jury could not come to a decision on Pasene.

"A lot of the witnesses had transcripts of their testimony of the first trial.  That's obviously helpful in knowing what they are going to say and it helped us prepare even more and helped us to do further investigation to show what they were saying was not accurate," said Thomas Otake, the attorney for Pasene.

The court will set a hearing in two weeks for a possible third trial date.  The state said it will take a different approach if there's another hearing by presenting more cell phone records and video surveillance, and trying to strengthen eyewitness testimonies.

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