LIHUE — The Kauai Police Department detective in charge of interviewing the alleged Bank of Hawaii robber said in court Tuesday he continued to ask questions after the suspect requested a lawyer during his interrogation. The consolidated preliminary hearing for
LIHUE — The Kauai Police Department detective in charge of interviewing the alleged Bank of Hawaii robber said in court Tuesday he continued to ask questions after the suspect requested a lawyer during his interrogation.
The consolidated preliminary hearing for Brandon Hartberg, 26, and Matthew Rose, 27, went into day two in the Fifth Circuit Court before Judge Trudy Senda.
It was continued until 1 p.m. Jan. 25 so defense counsel, Melinda Mendes and Michael Green, could further cross-examine KPD Officer Christian Jenkins, the detective who took two statements from each of the defendants on the day they were arrested.
The two are each charged with robbery in the first degree, terroristic threatening in the first degree and theft in the second degree for allegedly robbing the Kapaa branch of Bank of Hawaii on New Year’s Eve. Police said Hartberg is the man who went inside the bank holding a rifle, while Rose drove the getaway car.
On Tuesday, Hartberg’s defense attorney Mendes asked the court to grant a motion to preclude statements her client made to police during an interrogation after he was arrested on New Year’s Eve during his alleged involvement with the Bank of Hawaii robbery.
The court denied the motion, stating that it could be brought back if and when the case was brought to circuit court.
During his testimony, Jenkins said he interviewed Hartberg twice and used the KPD constitutional rights form the first time but did not use it the second time after a break was taken.
Both statements, which are recorded by video, were different. The second statement is the one in which Hartberg confessed, according to Jenkins’ testimony.
“As the first statement was obtained from Mr. Hartberg, he asked for a lawyer?” Mendes said. “Isn’t that correct?”
“Yes,” Jenkins said.
“And once he asked for a lawyer, initially you continued to ask him questions?” she said.
“He continued to talk,” he said.
Jenkins said he did not get Hartberg a lawyer, nor did he attempt to get Hartberg a lawyer. Afterward, he went to work on Rose’s paperwork and to interrogate him, when he got notice that Hartberg wanted to talk to him again, according to his testimony.
“And this was only after the fact that you had told him, ‘If you change your mind and want to talk to me, let me know,’ correct?” Mendes said. “So, wouldn’t it be fair to say, it was at your initiation or that you invited him to change his mind, correct?”
Jenkins said he did not invite him to change his mind and Hartberg must have heard he was in the area when he came over to speak to Rose and wanted to talk to him.
Jenkins said Hartberg confessed to him about the robbery and gave him details about the location of the money during his second statement to police.
The two were looking for a drug dealer in Kapaa, Jenkins said.
Hartberg told police that the gun used during the robbery was fake and that it belonged to him, according to Jenkin’s testimony.
Jenkins said Hartberg’s and Rose’s motive for robbing a bank was so that Hartberg could pay Rose the $600 he owed him.
Jenkins said KPD already had the location of the hoodie, the blue jeans, the pellet gun and Hartberg’s wallet and ID, which Jenkins said was all left at the Kauai County cemetery. The sunglasses used in the robbery were never recovered, according to Jenkins’ testimony.
Hartberg told police where to find the money taken in the robbery, which they recovered.
Jenkins was ordered back to continue his testimony in two weeks.
