The murder trial of Payton Rapozo, the Wailua man accused of shooting his mother’s boyfriend in the head after an argument escalated in October, was continued this week until April to allow time for further discovery of evidence and for
The murder trial of Payton Rapozo, the Wailua man accused of shooting his mother’s boyfriend in the head after an argument escalated in October, was continued this week until April to allow time for further discovery of evidence and for a pair of hearings on defense motions, according to a prosecuting attorney and court records.
Rapozo, 22, was originally scheduled to stand trial beginning Jan. 20, but a Wednesday hearing in Judge Kathleen Watanabe’s 5th Circuit Court pushed the trial start date back to April 6.
Also Wednesday, a motion filed by defense attorney Nelson Goo seeking Rapozo’s release or a reduction of his bail was denied. Rapozo remains in custody with bail set at $1 million.
A pair of other defense motions are scheduled to be decided at separate hearings in coming weeks.
The first, a motion to compel prosecutors to provide files, including Kaua‘i Police Department notes, toxicology screen results and reports on weapons belonging to the deceased, 43-year-old Kapahi resident Antonio Torres, will be heard Jan. 27.
The second, a motion to suppress Rapozo’s statement to police following his arrest on the grounds that his 5th, 6th and 14th amendment rights were violated, will be heard Feb. 18.
Goo’s motion claimed that Rapozo was under a psychiatrist’s care and not taking his prescribed medication at the time of the incident, was under significant stress, and “may have ingested substances,” all factors that made it impossible for him to “knowingly, voluntarily and intelligently waive his Miranda rights.”
Deputy prosecuting attorney Lori Wada, who is handling the case, said yesterday in a phone interview that she would be opposing both motions.
She said the state recently received almost 500 pages of discovery evidence, much of which will certainly become available to Goo as soon as the prosecutor’s office has a chance to go through it.
She also said that the results of the toxicology screen were made available to Goo in open court Wednesday; Rapozo tested negative for any substances in his blood. For that reason, Goo may withdraw or modify his motion to suppress, Wada said.
“He was given his Miranda rights, he did waive them, and he did consent to give a statement,” Wada said Friday.
Watanabe’s decisions on those motions will considerably impact what evidence is allowed to be presented at trial.
A phone message left for Goo earlier in the week was not returned as of press time.
