Inconsistent testimony and falsehoods about the presence of weapons during a Dec. 17, 2005, fight has resulted in a mistrial — which could yield felonies for its witnesses, an attorney close to the case said yesterday. Fifth Circuit Judge Kathleen
Inconsistent testimony and falsehoods about the presence of weapons during a Dec. 17, 2005, fight has resulted in a mistrial — which could yield felonies for its witnesses, an attorney close to the case said yesterday.
Fifth Circuit Judge Kathleen Watanabe ruled Friday to throw out the case on day five of a jury trial that stemmed from allegations that several men, including a Division of Land and Natural Resources officer, Gary Mata Sr., his son Gary Mata Jr. and Pacific Missile Range Facility security guard Edmund Ripley, had beaten up several youths two years ago at a “rave” party brawl at Second Ditch in Kekaha.
Mata Sr. was on trial for first-degree reckless endangerment, second-degree assault and two charges of third-degree assault; Mata Jr. faced three second-degree assault charges and two third-degree assault charges. Ripley was accused of two charges of second-degree assault.
Acknowledging that two witnesses had offered false
testimony, First Deputy Prosecutor Jennifer Winn and Deputy Prosecutor Lila Kanae moved to strike all of their testimony, stating it was “suspected of being false.”
The motion included a closing paragraph claiming the state did not knowingly present false testimony.
Winn also asked that second-degree assault and first-degree reckless endangerment charges against Mata Sr. and the two counts of second-degree assault against Mata Jr., as well as both charges of second-degree assault against Ripley, be dismissed with prejudice.
Watanabe denied the motion to dismiss but granted a mistrial.
According to police reports, the case stemmed from the aftermath of a fight that broke out at the popular youth-hangout spot after a beer bottle was thrown at a truck belonging to Brandon Malama.
Malama reportedly left the scene; however, soon thereafter went to get the Matas to return to Second Ditch and retrieve another friend who had been left behind, according to Ripley’s Defense Attorney Michael Soong. After returning to the party, the brawl broke out.
Mata Sr. was represented by Warren Perry and Mata Jr.’s attorney was Mark Zenger in the case.
The Matas and Malama know each other from having played football together, Soong said.
In tow that night were three others, including Ripley. Soong said neither Ripley nor Mata Sr. were in uniform that night and that both were unarmed, in civilian capacities.
“You got five guys coming back to a party of 200 or 150, they start getting attacked but they fight them off,” Soong said. “They fight the three or four that want to fight and the rest of the guys drive off or take off.”
According to a police report presented in the case, several victims treated as a result of blows they took from the fight were taken to the Kaua‘i Veterans Memorial Hospital. One victim received 14 staples to close wounds he suffered to the back of his head, the police report states.
Though victim statements initially given to the police lacked any mention of weapons, secondary and tertiary statements made to police were contradictory.
One such statement included an accusation that Mata Sr. fired one shot with a .223 rifle into the air upon arrival at Second Ditch.
A more egregious version of that statement was later presented by the same witness at trial accusing Mata Sr. of having instead used a pump-action shotgun with which, the witness claimed, Mata Sr. fired four to five shots.
Other false statements included an accusation that Mata Jr. used brass knuckles and that Ripley used a night stick during the fight.
Claiming the victims who offered false testimony were seeking payback from losing the fight, Soong pointed to the victim statements that were initially given to the police.
“This fight happened at one of those raves where there’s hundreds of underage kids,” Soong said. “There was a fight, and no doubt about it, the victims got the short end of it. But you don’t just go say, ‘I got beaten up because the guy hit me with brass knuckles or a police baton.’ Part of it is just covering up for the fact they got whipped.”
“… It was clear these guys had gotten together and that there was collusion among the witnesses,” Soong said.
Watanabe ordered that a certified copy of the record of the trial be forwarded to the Department of the Attorney General for felony prosecution of perjury for some of the witnesses who testified.
The Garden Island is not identifying those witnesses because they are juveniles.
