Convicted Molokai murderer fights for freedom

HONOLULU (HawaiiNewsNow) – The attorney for a Molokai man sentenced to life in prison for murdering his girlfriend says he should have never been convicted in the first place.

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Mariano Garces was sentenced to life in prison with the possibility of parole in 2024 after a jury found him guilty of murdering Amie Kaholoa’a on Molokai.

Garces’ attorney, Brandon Segal, appealed the conviction saying Maui police illegally obtained a confession from his client.

The Hawaii Supreme Court heard his oral argument this month.

“He tells his side of the story, he stops, and now the police officers are the ones doing their interrogation, asking additional questions, asking for details. At some points, even putting words in his mouth,” Segal said to the justices.

During the trial, the deputy prosecutor said Garces tortured Kaholoa’a for 15 minutes, which ultimately led to her death.

Segal also argued that officers advised Garces of his Miranda rights but omitted critical information, like telling him he could refuse to answer questions and stop questioning at any time.

“Nothing on this form tells my client that he could stop once he starts, that he can refuse to answer a particular question, or that in the middle of this interview, at some point, he may decide that he want a lawyer and he could request one at that time,” Segal argued.

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Deputy Prosecuting Attorney for the County of Maui Gerald Enriques said additional advisements are unnecessary.

“The plain language of the Miranda advisement, as the court has noticed, is that the defendant has a right to remain silent. Keyword, remain,” Enriques said.

Enriques said the interviewing detective did not use threats, coercion, force or promises to obtain Garces’ confession.

“There was no indication of the defendant wanting to not make a statement,” Enriques said.

Segal said he expects the Hawaii Supreme Court to issue a ruling in a couple of months.

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Garces remains behind bars in Arizona.