LIHU‘E — Convicted murderer Monica Alves couldn’t contain her tears in Fifth Circuit Court yesterday, bending over in pain while apologizing for her role in the 1997 slaying of her cousin Kimberly Washington-Cohen.
Alves, now 38, apologized to family, friends, the community, and Judge George Masuoka, expressed remorse, and begged Kaua‘i residents to stay away from the drug known as “Ice.”
“I was on meth. I was on ice,” Alves said through heaving sobs while apologizing to the community. “Meth is evil. People think this can never happen to their friends and families. It can happen to anyone on meth. Anyone who does meth is dangerous to their family.”
Clad in an orange prison jumper and shackled on the wrists and ankles, with her hair tied back tightly, Alves was in court to be re-sentenced on her second-degree murder conviction in the death of Washington-Cohen.
But Alves took the opportunity to also express her remorse.
She began by turning from the judge to face directly at the half dozen members of her family in the courtroom, including the victim’s mother and brother.
She instantly broke down.
“I’d like to express remorse to my Auntie Teresa, Kimberly’s children, and the rest of the family I have destroyed by this senseless crime,” she said. “There are no amount of words that will ever console you.
“There’s nothing I can do to bring Kimberly back,” Alves continued. “Not a day goes by I don’t grieve Kimberly’s loss.”
Family responds
But Auntie Teresa Wery, Washington-Cohen’s mother, who cried when Alves spoke, addressed the court as well.
“You did a horrendous thing, whether you were on drugs or not,” Wery said. “A life sentence is not enough for me.”
“After seven years, I still cry for my daughter,” Wery said after court. “I wanted to represent my family. We still hold her accountable, no matter what.
“I just wanted to speak to her face-to-face,” Wery continued on the porch of the courthouse. “Now she’s mild and meek.”
Washington-Cohen’s first and eldest child, Macy Seweto, 13, was sick and didn’t get the chance to travel from Honolulu to attend the sentencing. She submitted a letter read by First Deputy Prosecuting Attorney Craig De Costa.
“If I were not sick, I would be there to face the woman who took my mother’s life,” Seweto said in the letter. “You left children without a mother.
“The crime demands the full measure of punishment,” the 13-year-old wrote. “Although I forgive you and your husband, you got what you deserve — life in prison.”
“I truly (hope) you get life in prison and die there,” she continued. “When God comes you’ll have to face Him. You brought this on yourself.”
Alves, and her former husband, Mitchell Peralto, were originally sentenced in 1998 to life without parole for the second-degree murder of Alves’ 23-year-old cousin, Washington-Cohen. They were also sentenced to life with parole on kidnapping charges.
But the murder sentence was reversed on appeal in 2001. In 1998, the Fifth Circuit Court, under Judge Masuoka, granted the prosecution’s request for an enhanced sentence. The more severe sentence was based on the fact that the 1997 kidnapping and murder of Kimberly Washington-Cohen was “cruel and heinous.”
In 2001, the Supreme Court said the “enhanced” sentencing should have been held separately from the trial that determined guilt.
Yesterday, Masuoka was asked by defense attorney Susan Marshall to give Alves concurrent sentences, but he refused. Instead, the judge gave consecutive life sentences.
“One thing the court agrees with is that drugs can do horrendous things to your mind,” Masuoka said before rendering his decision. “Voluntary intoxication is not a defense or an excuse of criminal acts. “
Marshall, who has been Alves’ lawyer for four years and handled her appeal, said that she was disappointed by the consecutive sentences.
“I still believe that there is one additional opportunity (for the sentences) to run concurrently,” Marshall said after court. One more motion could be filed, but she and her client had not made a decision whether or not to file it yet.
She did take a positive from the proceedings.
Lawyer comments
“The court is becoming aware of the changes Monica is making,” Marshall said.
But there is little chance that Alves will ever see parole, said De Costa.
While the mandatory minimum of each case is 10 years, the state Parole Board determined Alves’ eligibility for parole on the kidnapping charge would be in 75 years, with Alves able to ask them to reconsider in one-third of the time or, 25 years, De Costa explained. She has already served seven years, thus giving her at least 18 more years in jail.
The state board will determine Alves’ eligibility for parole on the murder charge in four to six months, said De Costa. He said Alves’ mandatory time served before becoming eligible for parole will likely be at least as long as for the kidnapping charge (75 years).
De Costa said that the murder may have been the most heinous in Kaua‘i’s history.
“In my lifetime, this has been the most heinous murder case,” he said in court yesterday. “Deterrence should be the focus. The state doesn’t want her to be paroled.”
The couple were convicted in January of 1998.
There was testimony at the trial that the two killers beat, bound and gagged, and eventually buried the victim in a shallow grave.
Her corpse was discovered the following day. The Peraltos had accused her of stealing from them.
Peralto, whose sentence was also reversed on appeal, was sentenced to consecutive life sentences during court proceedings held on June 22.
Tom Finnegan, staff writer, may be reached at 245-3681 (ext. 252) or tfinnegan@pulitzer.net
