LIHU‘E — After going into deliberation last Thursday, the jury for the Mason Noah Saio robbery and assault case emerged without a verdict on Tuesday afternoon in 5th Circuit Court. Judge Kathleen Watanabe declared a mistrial and scheduled a new
LIHU‘E — After going into deliberation last Thursday, the jury for the Mason Noah Saio robbery and assault case emerged without a verdict on Tuesday afternoon in 5th Circuit Court.
Judge Kathleen Watanabe declared a mistrial and scheduled a new trial for May 6, 2013.
The decision followed a weeklong trial that scrutinized an investigation of four individuals who were accused of a violent early morning robbery of the Koloa Chevron station on Jan. 4. The prosecution said the video and witness testimony made for a strong case, while the defense claimed it is a case of mistaken identity.
Saio, 21, of Kalaheo, is facing first-degree robbery, attempted second-degree theft and third-degree assault charges. He is the only one of the four defendants to refuse a plea deal.
Saio will remain in custody until the new trial. In court, Deputy County Prosecutor Melinda Mendes said that Saio was already on probation for a second-degree theft conviction.
County Prosecutor Justin Kollar declined to comment further on the case or jury deliberations while it remains in litigation.
“The best thing that could have happened is a not guilty verdict,” said defense attorney Craig De Costa. “This was the second-best thing that could have happened.”
The difference in the second trial will be a new jury, De Costa said. But the new jurors will be working from the same set of facts and witness testimony. It will have to be consistent with what has already been presented in this trial, he said.
The jury reported Tuesday that their individual votes did not change after two attempts. They declared themselves deadlocked at just after 3 p.m.
Had the jury decided that Saio was the fourth suspect and did not have a weapon, it could have convicted him of the lesser charge of second-degree robbery. The jury also had the option of convicting on lesser charges of attempted third- or fourth-degree theft, and attempted third-degree assault.
Saio’s partner and daughter were in court along with his parents, Bill and Lei Saio, and other family members. Though not satisfied with the outcome, they hope to see Mason prevail in May.
“I commend the jury and the system for doing what they did to go over the evidence and testimony so thoroughly,” Bill Saio said.
There were eight jury communications to the court during the trial. The surveillance video was shown on two occasions from four angles. The jury then requested to see it another three times in the courtroom during their deliberations.
Much attention had been given to a spot on the neck of the suspect accused of being Saio. The prosecution said it resembles the tattoo on Saio’s neck, while the defense said it was not conclusive.
The jury also requested to review suspect photos from evidence used in trial for additional comparison. According to De Costa, the jury asked to review transcripts of witness testimony, but that is not allowed under Hawai‘i law.
“Jurors must rely on individual and collective recollection,” he said.
The other three suspects have already pleaded guilty.
Kalai Hans Vicente, 19, of Kapa‘a, pleaded guilty to an amended charge of second-degree robbery in July. He was sentenced to five years in prison.
Josiah K. Kaluna, 18, of Koloa, pleaded guilty to second-degree robbery and fourth-degree criminal property damage on June 20. He was sentenced to 10 years in prison.
Clarence Montgomery Ka-Ne II, 21, of Koloa, pleaded guilty to an amended charge of second-degree robbery on June 18. He is the only defendant granted supervised release prior to sentencing and is eligible for a deferred sentence to possibly keep the conviction off his record pending testimony in the Saio trial.
The defendants who pleaded guilty were also ordered to pay restitution of $450.09 to Lahaina Petroleum LLC.
During the trial, Koloa Chevron night clerk Michael Bajit testified that at first the robbery seemed like a joke since he recognized the suspects even though they were in disguise, and because they had been outside the store just a few hours earlier. Three of them were regular customers, he added.
Bajit said Vicente held up a long hunting knife, punched him in the eye, and shoved him behind the counter area before ordering him to open the register. Approximately $250 in cash was taken although more than $600 was overlooked, he said.
Bajit said Kaluna punched him in the back of the head at one point, and that Saio filled a backpack full of cigarettes before kicking him in the midsection with his heel.
Saio also had a knife, Bajit said. He said that earlier in the day Saio had commented to him that Bajit “looked like he could take care of himself” (in a fight).
Bajit said Kaluna was the third man through the door and also punched Bajit in the head and kicked him. Kaluna tried unsuccessfully to open a locked beer cooler and damaged it in the process, Bajit said.
Six Kaua‘i Police Department officers testified to the events following the 911 call Bajit made at 2:20 a.m. on Jan. 4.
Most of the testimony concerned how a vehicle description led to the arrest of Ka-Ne, who would implicate the co-defendants who were arrested later that day.
Ka-Ne testified that he was “punked” into the robbery by Saio and the others, and believed they would be just running off with some wine. He testified to not knowing anyone brought knives or would beat the manager and take cash.
De Costa claimed that Ka-Ne’s testimony to police contained changes as he came to understand his situation.
De Costa said the court testimony was influenced by the plea deal and did not allow him to change his story if Saio was not present at the robbery.
De Costa also said the investigation lacked DNA and blood analysis of the broken glass and wine bottles. He said that no evidence of the crime was found on Saio, such as cash, wine or cigarettes.
Mendes said that Ka-Ne offered up the co-defendants before any plea deal was offered. The video evidence corroborates the witness testimony, she said.
The case also had two instances in which individual jurors were called before the court. Both were allowed to remain with the jury.
The first instance occurred during the second day of the trial when someone reported that people were discussing the trial within earshot of a juror on a break. The juror did not recall hearing anything that would have influenced a decision in the case.
The second instance occurred during the deliberation process on Monday, when it became known that a juror had not reported that an adult son had been arrested and convicted of a crime in 5th Circuit Court.
