State v. Staley, 21841.
| Decision Date | 31 August 1999 |
| Docket Number | No. 21841.,21841. |
| Citation | 982 P.2d 904,91 Haw. 275 |
| Parties | STATE of Hawai`i, Plaintiff-Appellee, v. William STALEY, Defendant-Appellant. |
| Court | Hawaii Supreme Court |
June C. Ikemoto, on the briefs, for the defendant-appellant William Staley.
Craig A. De Costa, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee State of Hawai`i.
The defendant-appellant William Staley (hereinafter, William) appeals from the judgment, guilty conviction, and sentence of the fifth circuit court, filed on August 6, 1998. William argues that: (1) the circuit court erred in granting the prosecution's motion in limine, which precluded any reference at trial regarding William's eligibility for Housing and Urban Development (HUD) assistance; (2) the jury instructions as read to the jury were prejudicial to him; and (3) there was insufficient evidence to support his conviction of theft in the first degree, pursuant to HRS § 708-830.5 (1993).1 We agree with William's first point of error. Accordingly, we vacate the circuit court's judgment and remand for a new trial. Although our holding with respect to the foregoing point is outcome-dispositive of the present appeal, we address William's remaining arguments in order to provide guidance to the parties and the circuit court on remand. Cf. State v. Davia, 87 Hawai`i 249, 252, 953 P.2d 1347, 1350 (1998). Moreover, although not asserted by William as a point of error on appeal, we hold, based on our independent review of the record, that William's constitutional right to testify was violated. We address this point because it raises an issue that has the potential to recur in future cases. Cf. State v. Mahoe, 89 Hawai`i 284, 285, 972 P.2d 287, 288 (1998).
It appears that, as of 1994, both William and his brother, Eugene Allen Staley, also known as Julio (hereinafter, Julio), were homeless. Julio was a disabled man in his fifties, who suffered from acute and chronic alcoholism, neurodermatitis, alcoholic liver disease, and depression. In 1995, Julio appointed William to act with power of attorney regarding Julio's affairs with the County of Kaua`i Housing Agency (hereinafter, "the Housing Agency").
On October 20, 1997, William was indicted on one count of theft in the first degree, in violation of HRS § 708-830.5. On the same date, Julio was indicted on one count of theft in the first degree and one count of welfare fraud.2 The brothers were indicted in connection with Julio's qualification for HUD and the County of Kauai's "Section 8" program, which subsidizes the rents of low-income families. It was alleged that William, in violation of the Section 8 program's requirements, inhabited the apartment paid for by Julio's Section 8 subsidy.
On March 19, 1998, the prosecution filed its Motion in Limine No. 1, moving the circuit court for:
The prosecution stated that its motion was "based upon" Hawai`i Rules of Evidence (HRE) Rules 401 (1993),3 402 (1993),4 and 403 (1993).5
William filed an objection to the prosecution's motion, asserting as follows:
Prior to trial, the circuit court orally granted the prosecution's Motion in Limine No. 1, accompanied by the following explanation:
The Court will grant the motion in limine with reference to whether [William] qualifies (inaudible) the Court doesn't feel that that is a question at this point. Okay. Whether or not [William] knew and did what he did can be taken as fraud[,] whether he qualified or not. Because the application was [William's], and if he went there[,] that would still be a violation of the rules and regulations whether he qualified or not[,] unless he made [an] application. Therefore, under the circumstances, the Court will grant the motion.
A three-day jury trial, at which William and Julio were codefendants, commenced on March 23, 1998. The prosecution elicited testimony from Helen Brun, the manager of the HUD and Housing Agency's Section 8 program, that in December, 1994, following Hurricane `Iniki, Julio had applied for the Housing Agency's temporary disaster housing program. Julio noted both on his application with the Housing Agency and on a "personal declaration" that he was the sole member of his household. Julio also signed (1) a form indicating that he was to notify the Housing Agency and the landlord if any additions were made to the household "other than on a temporary basis," (2) a form indicating that he was to notify the Housing Agency if he lived anywhere else, and (3) a housing voucher "substantially similar" to the other forms. Brun testified that Julio was also orally instructed that he must live in the Section 8 apartment alone and must notify the landlord and the Housing Agency before having any overnight guests.
On February 16, 1995, Julio signed a rental agreement for apartment number 119A, located at 4770 Pepelani Loop, Sandpiper Village, in Princeville, Kaua`i (hereinafter, "the apartment"). On February 10, 1995, William signed the tenant portion of a "responsibilities of the owner/landlord and responsibilities of the tenant" form, which appears to have set out responsibilities that were "the same" as those enumerated in the forms Julio had previously signed.6 The lease became effective on February 16, 1995.
The Housing Agency paid Julio's monthly rental payments, beginning on February 16, 1995. From the commencement of Julio's lease through September 1997, the Housing Agency paid the landlord of the apartment a total of $20,607.00.
In November 1996, both Julio and William attended an appointment with Housing Agency assistant worker Earl Miyao, in order to determine whether Julio still qualified for assistance and assess Julio's needs. Miyao testified that, during a second appointment in December 1996, he orally explained Julio's responsibilities as a tenant. Miyao was unable to recollect whether William attended this meeting.
Several witnesses testified that William was often seen in the vicinity of the apartment. Ed Constantine, the resident manager at Sandpiper Village, testified that he observed William approximately three days a week, standing on the lanai of the apartment or working on vehicles in a grassy area next to the condominium complex's parking lot. Nanette Longsworth, the president of the Sandpiper Village owners' association, testified that she observed William two or three times a week in the kitchen, living room, or porch of the apartment. Raymond Vigno, William's employer at Zelo's Beach House restaurant (hereinafter, "Zelo's"), testified that he had been to dinner at the apartment several times as William's guest. Michael Moore, an employee at Zelo's and a resident of Sandpiper Village, testified that he observed William at Sandpiper Village "fairly frequently."
Thomas Vanderwende, a mobile intensive care technician stationed at the ambulance station at Sandpiper Village, testified that, when he found an unleashed puppy on the property, William claimed it as his. Timothy Walpole, another employee of the ambulance station, testified that, as early as February 1996, William came to his office several times, asking to use the phone.
Mary Anderson, an employee of Payroll Services Hawaii, testified that, when William was employed at Zelo's, he listed the apartment as his address. James Rabasa, a Kaua`i Police Department police officer, testified that, following an assault during the summer of 1997, William gave the apartment as his address. Officer Rabasa further testified that William told him that Julio lived in Hanalei and William lived at the apartment.
After the prosecution rested its case, the following colloquy ensued outside of the hearing of the jury:
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