LIHU‘E — The fourth defendant in the Koloa Chevron robbery case has a rescheduled trial date and a new attorney. Mason Noah Saio, 20, of Kalaheo, was in court 5th Circuit Court on Monday to restart his effort to move
LIHU‘E — The fourth defendant in the Koloa Chevron robbery case has a rescheduled trial date and a new attorney.
Mason Noah Saio, 20, of Kalaheo, was in court 5th Circuit Court on Monday to restart his effort to move his case to trial. He is the only one of the four defendants accused of the January crime to refuse a plea deal and choose a jury trial.
Defense attorney Craig De Costa appeared as court appointed counsel for Saio. He replaces June Ikemoto, who motioned to withdraw from the case on July 9, for reasons of professional and ethical obligations.
Judge Kathleen N. A. Watanabe set the new trial date for Dec. 3. She next the next hearing for Aug. 29, to hear a defense motion to suppress evidence related to a police lineup for identification of the suspects.
County Deputy Prosecuting Attorney Melinda Mendes did not object to the new trial date so long as the time against right to speedy trial was not charged to the state. The plea deal offer to Saio expired July 16.
Saio faces first-degree robbery, attempted second-degree theft and third-degree assault charges. He remains in custody at Kaua‘i County Correctional Center.
The four defendants were tried separately for the Jan. 4 robbery. Each was charged with first-degree robbery and attempted second-degree theft, with Saio and Vicente receiving addition charges of assaulting the store manager — and Vicente with brandishing a foot-long knife.
Kalai Hans Vicente, 19, of Kapa‘a, was pursuing the same suppression motion as Saio. He instead pleaded guilty to an amended charge of second-degree robbery on July 5.
This amended charge reduced an A-felony first-degree charge, to a B-felony that carries a maximum 10 years jail and $25,000 fine. Vicente will be sentenced on Oct. 10.
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 to be granted supervised release prior to sentencing and will request a deferred acceptance of the plea at a Sept. 26 hearing.
Josiah K. Kaluna, 18, of Koloa, pleaded guilty to second-degree robbery and fourth-degree criminal property damage on June 20. He will be sentenced on Oct. 3.