Judge: Man’s statement can be used in court
LIHUE — A Fifth Circuit Court Judge ruled Tuesday that a man’s statements to police in which he admitted to sexual acts with a minor under the age of 14 would be permissible at trial.
The man, 45-year-old Roy Lee Gonsalves, is said to have allegedly touched the minor and had the minor touch him multiple times. He is also alleged to have had sex with the minor. The events occurred between the years 2005 and 2007.
He is alleged to have said that he committed the acts, but that the acts were not forced, according to court documents.
Gonsalves was originally arrested on July 11, 2007, but released pending investigation.
Gonsalves was charged with 12 felony counts of sexual assault, including 10 third-degree sexual assault and two first-degree sexual assault charges on June 14, 2014 in the seven-page indictment.
On Tuesday during a hearing, defense attorney Michael Green told the court that the arrest was illegal because the Kauai Police Department had probable cause after interviewing the victim on June 29, 2007.
However, they did not arrest Gonsalves until 12 days later.
Green also said the officers did not have a warrant when they made the arrest.
The court ruled in favor of the state, which argued that Gonsalves made the statement voluntarily to a former KPD police detective at the time of the arrest.
The state also said that an officer “may make warrantless searches based on probable cause” and that officers had mirandized the defendant before he made the statement.
His trial is set for Oct. 3 before Judge Kathleen Watanabe.