Molokai murder appeal leads Hawaii Supreme Court to require fifth Miranda warning
HONOLULU (HawaiiNewsNow) – A Molokai murder case has led the Hawaii Supreme Court to require a fifth Miranda warning statewide after justices found the Maui Police Department’s advisement was insufficient.
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Mariano Garces Jr. was informed of his Miranda rights before his interrogation in November 2022. The Molokai man killed his 43-year-old girlfriend, Amie Kaholoaʻa. He admitted he beat her with a stainless steel vacuum extender and then suffocated her with a shirt during the interrogation.
The confession was a key part of the case that resulted in a conviction and life sentence.
Supreme court finds Miranda warning insufficient
The Hawaii Supreme Court refused to toss Garces’ conviction, but justices found MPD’s Miranda warning was insufficient.
Detectives advised Garces that he had the right to remain silent, that anything he said could be used against him, that he had the right to the presence of an attorney, and that if he couldn’t afford one, one would be appointed for free.
The Hawaii Supreme Court said those four main points should have include a fifth warning — that a suspect in custody can stop answering questions at any time and request an attorney.
Brandon Segal, Garces’ attorney, said suspects should be advised.
“It’s quite common for suspects, people in the community who’ve never been in a situation like that where they’re being interrogated, to not understand that critical point — that once you waive your rights, you can actually stop,” Segal said.
Other departments already used fifth warning
The three other police departments in the state were already using the fifth warning. The Maui Police Department began using it in June 2024, 18 months after Garces’ interrogation. MPD provided HNN Investigates with a copy of the form it now uses that shows the fifth advisement.
The state law enforcement agencies — Department of Law Enforcement (DLE) and the Attorney General’s office — also use the fifth advisement, so no agencies have to make changes now, but the state’s high court wanted to ensure that would be the case going forward.
Justices said the change would go into effect on Oct. 23 in case a department had to amend forms and train officers.
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Victor Bakke, a defense attorney and former deputy city prosecutor, said the fifth advisement is part of “best practices.”
“They are now formalizing what was already common practice. They’re just saying, ‘Hey, basically, we just found out that the police weren’t doing this everywhere,’” Bakke said.
Ruling will not apply retroactively
The Supreme Court said the change would not be retroactive and would not change Garces’ case because he knowingly waived his rights when he confessed multiple times during the interrogation.
During the interrogation, Garces described hitting Kaholoaʻa while restraining her.
“Okay, so you’re sitting on her chest and trying to hold down her arms,” a detective said.
“Yeah,” Garces replied. He said he hit Kaholoaʻa several times in the face and head.
Earlier in that interrogation, he told detectives that he tried to do CPR when he realized he killed her.
Garces was sentenced to life with the possibility of parole. He is currently serving his time in Saguaro Correctional Facility in Arizona.
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