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To: Spyder
Why excerpt all but the last two paras?


Murder Convictions Overturned For Two Men

Appeals Court Says Judge Should Have Allowed Defense Strategy

POSTED: 3:43 p.m. HST July 23, 2003
UPDATED: 4:04 p.m. HST July 23, 2003
HONOLULU -- Two men convicted of killing an Army pilot in 1998 have had their murder convictions overturned. Jose and Miguel 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.

7 posted on 07/23/2003 10:38:48 PM PDT by gcruse (http://gcruse.blogspot.com/)
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To: gcruse
Why excerpt all but the last two paras?

Sorry - wasn't sure of the copyright stuff.

9 posted on 07/23/2003 10:48:10 PM PDT by Spyder (Just another day in Paradise)
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