State v. Haili, 24059.
| Citation | 103 Haw. 89,79 P.3d 1263 |
| Decision Date | 03 December 2003 |
| Docket Number | No. 24059.,24059. |
| Parties | STATE of Hawai'i, Plaintiff-Appellee, v. Danny H. HAILI, Defendant-Appellant. |
| Court | Supreme Court of Hawai'i |
Samuel P. King, Jr., Honolulu, on the briefs, for defendant-appellant.
Bryan K. Sano, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee.
Defendant-appellant Danny Haili (Danny) appeals from the judgment of the first circuit court, the Honorable Karen Ahn presiding, convicting him of and sentencing him for the offense of murder in the second degree in violation of Hawaii Revised Statutes (HRS) §§ 707-701.5(1) (1993),1 706-656 (1993 & Supp.2002),2 and 706-660.1(1)(a) (1993).3
On June 1, 1996, at approximately 10:00 p.m., Danny shot and killed his wife, Philimena Haili (Philimena). The prosecution argued that Danny was guilty of second degree murder rather than manslaughter: the prosecution presented the jury with witnesses to the shooting, as well as witnesses to Danny's and Philimena's actions before the shooting, to establish that Danny had the requisite state of mind (and was not under the influence of an extreme mental or emotional disturbance) to justify a conviction of second degree murder. Danny argued that he suffered from an extreme mental or emotional disturbance (EMED), thereby warranting conviction of the mitigated offense of manslaughter.
On appeal, Danny raises the following points of error: (1) the circuit court erred in admitting hearsay testimony by five different witnesses, thereby violating, inter alia, his constitutional right to confront adverse witnesses; (2) the circuit court erred in refusing to further examine a juror after the close of evidence when the parties learned that she was the wife of a former deputy prosecutor; (3) the circuit court erred in improperly instructing the jury regarding the mitigating defense of EMED manslaughter and in refusing to define the term "extreme mental or emotional disturbance" in response to a jury communication asking the court to define the term; and (4) the circuit court erred in admitting testimony showing that two shotguns and one handgun were found in Danny's bedroom, even though none of these guns was used in the commission of the instant offense. We agree with Danny's first point of error: he was denied his constitutional right to confront adverse witnesses, and this error was not harmless beyond a reasonable doubt. We therefore vacate his conviction and remand for a new trial.4
The Hailis' next-door neighbor, Bruce Thomas, testified that he and his older daughter were outside on the lanai5 at approximately 10:00 p.m. on June 1, 1996. Thomas heard a "thump or a door slam," then heard Danny's oldest daughter, Nani, scream, "No, daddy." Thomas heard the Hailis' front door swing open and slam shut and thereafter heard a series of gun shots. Thomas testified that he heard at least three or four gun shots "just one after another, just bang-bang-bang-bang." Thomas and his daughter immediately went inside their house, where he called 911. Several minutes later, he heard a second series of shots; he remembered at least three shots in the second series, but did not count the exact number. On cross-examination, Thomas testified that he never saw Danny physically abuse Philimena and that Philimena never complained about Danny. However, on redirect examination, he testified that he did not have the type of relationship with Philimena where she would confide in him.
In June 1996, Eben Wong, Jr. (Eben) lived with his parents, whose home was located two doors away from the Hailis. On the evening of June 1, he was having dinner at the home of another neighbor, Jody Wong (Jody) (no relation to Eben). Eben testified that, at approximately 9:00 p.m., he heard a series of gunshots: he first heard four shots, then heard two more approximately ten seconds later. Eben walked up into the cul de sac area, where he saw that the Hailis' garage light was on. He saw Philimena lying on the ground in between the two cars in the garage, and saw Danny make his way over to where Philimena was. He saw Danny stand over Philimena and say, "[D]on't fuck with me." Eben testified that Danny said something else and then said, "I told you, don't fuck with me." Eben also testified that he thought he heard a response from Philimena. According to Eben, Danny looked out in Eben's direction, after which Danny "spun around" and turned off the garage light. Danny went back to the same area in which he was standing before turning off the light; he stood above Philimena, very close to her, and shot her several more times. Eben quickly walked to his parents' house and tried calling Jody, but her number was busy. Eben heard a few more gunshots; he walked back down to Jody's house where he learned that they had called the police. Jody testified that she heard about four or five shots, then heard another four or five shots approximately five minutes later.
Danie Nohonani Haili (Nani), the Hailis' adult daughter, was at the Hailis' residence the night of June 1, 1996. At approximately 10:00 p.m., Nani heard her mother yelling for Nani's grandfather (Philimena's father). Nani saw her mother running through the house; she testified that Philimena was "frantic." Danny was following Philimena, and Nani thought that Danny and Philimena were arguing. Nani went through the house to the garage and saw Danny in the garage with the gun in his hand. By the time Nani got to the garage, Danny had already shot Philimena twice; Danny was standing "right next to [Philimena]," and the gun went off again. Nani ran out of the house, and heard the gun go off five or six more times on her way out of the house. At some point after that night, Danny told Nani that he shot Philimena "because she was leaving him."
Richard Ching, Philimena's stepfather, testified at a preliminary hearing but died before Danny's first trial.6 His testimony from the preliminary hearing was read to the jury at Danny's second trial. Ching testified that he was in the kitchen having supper at approximately 10:00 p.m. when Philimena, Danny, and Nani rushed past him. They went through the kitchen through the carport, at which point Ching heard a series of gunshots. After the gunshots, Danny came back into the house. Ching testified that he did not know where Danny went, but that after approximately five minutes Danny came back out again and went through the kitchen door. Ching then heard approximately four or five more gunshots. On cross-examination, Ching stated that he did not see a gun in Danny's hands as Danny rushed by him.
Honolulu Police Department (HPD) Officers Spencer Parker (Officer Parker), Miles Jung (Officer Jung), Andre Carreira (Officer Carreira), and Brett Carter (Officer Carter) responded to the scene. The four officers approached the Hailis' residence together. As the officers walked up to the Hailis' residence, Officer Jung heard a male's voice saying, "[O]ver here." The officers looked and saw Danny seated in the lanai area at a table in front of a window at the Hailis' residence; as the officers approached him, Officer Jung noticed a gun on the table and grabbed the gun immediately. Officer Jung asked Danny what had happened, and Danny said that he was involved in a domestic with his wife. Danny said that his wife was over by the garage; Officer Jung put Danny's gun in his car to secure it,7 then went to the garage and discovered Philimena's body. Officer Parker placed Danny under arrest and asked him a number of questions; Officer Parker testified that Danny answered calmly and coherently and that Danny did not appear to be extremely emotionally disturbed. Officer Parker testified that "[Danny] uttered to me that he was involved in a domestic, he found out his wife was having an affair, and that he felt bad." Officer Parker testified that Danny did not appear to be in shock.
HPD Officer Kelly Mahi (Officer Mahi) arrived at the scene after the other officers. Officer Mahi put manila envelopes over Danny's hands to preserve evidence; she testified that, as she was doing this, Danny said, "She made me so mad." She testified that Danny was calm, did not struggle with the police officers, and appeared to be oriented in time and place. Officer Jung also testified that Danny appeared to be oriented in time and space and did not appear to be confused or disturbed. He also testified that he did not observe Danny crying, shaking, or trembling.
Mary Wagner, an evidence specialist with HPD at the time of the shooting, arrived at the Hailis' residence at approximately 11:55 p.m. on June 1, 1996. She photographed a gun on the table in the lanai area to the right of the driveway in front of the Hailis' residence.8 Wagner also photographed a semi-automatic handgun discovered between the mattresses of the bed in the master bedroom and two shotguns from the closet in the master bedroom. That particular closet contained male clothing, whereas another closet in the bedroom contained female clothing. Defense counsel made a timely objection to the introduction of this evidence.
Wagner testified that the shooting appeared to have been focused on Philimena. Wagner testified that two cars in the driveway had been damaged slightly by bullets: a white Lincoln Town Car in the driveway was struck by one bullet at an angle, and a blue pick-up truck in the driveway was struck by a bullet in the front passenger-side tire. Wagner also testified that, other than damage from one bullet to each of the two cars in the driveway (two bullets total), there was no damage from bullets or bullet fragments to the carport ceiling, or to the car windows, or to other portions of the house. Wagner processed Danny at the Kailua Police Station; she testified that, while at the Station, Danny appeared to be...
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