81 Hawai'i 15, State v. Kaiama

• Decision Date: 23 February 1996
• Docket Number: No. 16466,16466
• Citation: 81 Hawaii 15,911 P.2d 735
• Parties: 81 Hawai'i 15 STATE of Hawai'i, Plaintiff-Appellee, v. Roy KAIAMA, Jr., Defendant-Appellant.
• Court: Hawaii Supreme Court

Page 735

911 P.2d 735

81 Hawai'i 15

STATE of Hawai'i, Plaintiff-Appellee, v. Roy KAIAMA, Jr., Defendant-Appellant.

No. 16466.

Supreme Court of Hawai'i.

Feb. 23, 1996.

Appeal from Second Circuit Court, Maui County (CR. No. 91-0372(1)).

Keith E. Tanaka, on the briefs, Wailuku, for defendant-appellant.

Mark R. Simonds, Deputy Prosecuting Attorney, Office of the Prosecuting Attorney, on the briefs, Wailuku, for plaintiff-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

RAMIL, Justice.

Following a jury trial in the Second Circuit Court, the defendant-appellant Roy Kaiama, Jr., was found guilty of Murder in the Second Degree, in violation of Hawai'i Revised Statutes (HRS) § 707-701.5 (1993), ¹ and sentenced to a mandatory term of life imprisonment with the possibility of parole. Kaiama filed a timely appeal from his judgment, conviction and sentence. On appeal, he alleges that the trial court erred in: (1) allowing the plaintiff-appellee State of Hawai'i (the prosecution) to use co-defendant Reginald Medeiros as a "physical exhibit" to show that Medeiros was physically smaller than Kaiama; (2) excluding evidence of Medeiros's drug dealing in the gay community, as well as evidence that a pistol was found in Medeiros's car; (3) failing to instruct the jury on manslaughter; and (4) charging the jury with the prosecution's proposed jury instruction regarding accomplice liability. For the reasons set forth below, we disagree with all of Kaiama's points of alleged error on appeal and affirm.

I. BACKGROUND

On the morning of November 22, 1991, a dead body was found on the shoreline of a beach cove called Hale Nanea, next to the Kahului Harbor on the island of Maui. The body was located adjacent to a jetty of rocks that led from the shoreline outward into the ocean. Detective Antonio Funes of the Maui Police Department (MPD) was assigned to investigate the discovery of the body. Detective Funes assembled a homicide investigation team and proceeded to the beach where the body was located. When the police arrived, the body's head and neck were embedded in the sand and its torso and legs were exposed. Upon removing the body from the sand, the police observed numerous abrasions and lacerations on the individual's face. An autopsy report revealed that the primary cause of death was drowning and a contributing cause was multiple external injuries to the head and body. ²

The deceased was later identified as Jerald Canada. According to witnesses, on the previous evening, at approximately 10:50 p.m., Canada had arrived at Lopaka's Bar and Grill (the bar) where he worked as a part-time bartender. At the time, he was not on duty and was served a couple of beers. Defendant Kaiama and co-defendant Medeiros arrived at the bar shortly thereafter. Medeiros attempted to order drinks for himself and Kaiama; however, an employee of the bar testified that only Medeiros was served because Kaiama was underage. ³ Kaiama and Medeiros were seen talking across several tables to Canada, who ended up joining them at their table. The three continued to talk for approximately forty minutes until the bar closed at 1:00 a.m. Around that time, Canada told one witness that he planned on going to the Hang Loose Lounge and, after that, to the beach where he was going to sleep. After the bar closed, Canada, Kaiama, and Medeiros, along with a waitress from the bar and one of her male friends, went to the Hang Loose Lounge where they drank until approximately 2:00 a.m. on November 22. ⁴

On November 23, 1991, at approximately 12:40 a.m., the Maui police contacted Kaiama and requested that he come to the station for questioning. Kaiama complied with the request, and his mother drove him to the station. At approximately 1:10 a.m., Detective Funes interviewed Kaiama with respect to his knowledge, if any, of the circumstances surrounding Canada's death. Detective Funes began the interview by informing Kaiama of the nature of the investigation, as well as his Miranda rights. Kaiama then executed a MPD Warning and Waiver Form (Form 103) and proceeded to give what was to be his first of three contradictory statements to the police.

A. First Statement

In his first statement to the police, Kaiama provided the following story: On the night in question, he and Medeiros went to the bar, where they had some drinks and subsequently met Canada. After the bar closed, the three went to the Hang Loose Lounge together where they had some more drinks. When the Hang Loose Lounge closed, at approximately 2:00 a.m., they went out the back entrance and into an alley where their vehicles were parked. At that point, he went home and was not aware of what happened to Canada. This statement was not tape-recorded.

B. Second Statement

Detective Funes continued to interview Kaiama and recorded his next statement. ⁵ In his second statement, Kaiama provided Detective Funes with a different version of events that transpired on the night in question. Kaiama admitted to lying in his first statement, but stated that he wanted to tell the truth this time. In this statement, Kaiama claimed that, after leaving the Hang Loose Lounge, Canada asked Kaiama and Medeiros to follow him to the beach. They agreed, and instead of going home directly after leaving the Hang Loose Lounge as he indicated in his first statement, he and Medeiros followed Canada to the beach.

At the beach, the three sat on the tailgate of Canada's truck and talked. At some point, early in the morning, Kaiama got up, moved away from the truck and began to urinate. When he finished, he turned and walked back to the truck while zipping up his pants. At this point, Canada bent down and stated to Kaiama, "I can suck 'um right here." He then told Medeiros, "I can suck yours too" and opened his mouth. Kaiama then started "trippin out" because "this guy" (Canada) "seemed like a good friend," but "he like suck cock." According to Kaiama, Medeiros then stated several times that he was going to "pound [Canada]." And Kaiama responded, "Go ahead." Medeiros then punched Canada in the face several times. Canada tried to escape by running toward the ocean; however, Medeiros and Kaiama caught him. Kaiama then punched Canada in the head a couple of times, and Medeiros kicked him in the mouth.

Canada was eventually able to get away, run into the ocean and "swim out." Medeiros then told Kaiama to "go get [Canada]," and, as instructed, Kaiama swam out after him but soon got tired and came back in. Once back on the shore, Kaiama and Medeiros began throwing rocks at Canada, who, at the time, was still in the ocean and was swimming toward the jetty of rocks in the Hale Nanea cove located next to the Kahului Harbor. Kaiama noticed that Canada was panicking. According to Kaiama, Medeiros kept throwing rocks at Canada, but he, Kaiama, only threw six rocks. At some point, after resting, Kaiama, seeing that Canada was tired, swam out into the ocean to "help him," but Canada tried to drown him so Kaiama came back to shore. Kaiama then sat down on the sand, caught his breath, and walked back to the car. When asked how he thought Canada died, Kaiama replied that he did not know. At trial, this recorded statement was played for the jury.

C. Third Statement

Kaiama also made a third statement to Detective Funes sometime around 2:30 p.m. on the same day, after speaking with an attorney. Again, Detective Funes read Kaiama his Miranda rights and Kaiama indicated that he understood. Kaiama also signed another MPD Form 103. In his third statement, which was also played for the jury, Kaiama relayed essentially the same facts as in his previous statement. Nevertheless, Kaiama explained that he had not told the truth before and wanted to tell the truth this time. He then proceeded to clarify that he threw eight rocks at Canada--as opposed to six--and that he threw small rocks while Medeiros threw big rocks. In addition, according to Kaiama, while they were throwing rocks, Medeiros told him to "keep on throwing rocks" and to "let [Canada] drown out there." Kaiama also stated that Medeiros was the one who went into the ocean and struggled with Canada; whereas, he, on the other hand, only chased after Canada in the water. ⁶ Kaiama said that later, he went to the car after resting at a fishing shack and never swam out in to the ocean to "help" Canada.

Kaiama also stated that, when Medeiros joined Kaiama at the car, Medeiros "ripped" the stereo, speakers, some tapes, and other items out of Canada's truck. Kaiama claimed that he knew Medeiros killed Canada because, on the way home, Medeiros told him that he "drowned him," and that Canada was still "floating" in the water. When asked why he lied in his second statement, Kaiama explained that he was afraid of Medeiros. According to Kaiama, Medeiros told him that if they "get busted" Kaiama should not open his mouth and that he would come after Kaiama if he told the police anything. Kaiama also told Detective Funes that, because this was a murder case, he did not want to take the blame for what happened and that Medeiros was probably going to place all the blame on him.

D. Trial

Kaiama was charged with Murder in the Second Degree, in violation of HRS § 707-701.5. ⁷ At trial, Detective Funes was called by the prosecution as a witness. During direct examination of Detective Funes, the prosecution played both of the tape-recorded statements for the jury. Also during direct examination of Detective Funes, and in the middle of one of the recorded statements, the prosecution, over the objection of Kaiama's attorney, was allowed briefly to bring Medeiros in front of the jury. The prosecution explained the purpose of exhibiting Medeiros to the jury as follows:

[The prosecution]: For the jury to have an opportunity to look at, observe and evaluate Mr. Medeiros' build, his size, height, weight, that sort of thing, for evaluating regarding issues concerning the change in versions that Mr....