KAILUA-KONA — A new trial date has been scheduled for two brothers facing murder and conspiracy charges after a 3rd Circuit Court judge granted the state’s motion to consolidate the cases earlier this month.
Eber Miranda-Garcia and his brother Marlon Miranda-Garcia appeared before Judge Robert D.S. Kim on April 5. A second argument was made by Deputy Prosecutor Sheri Lawson to consolidate the trials.
In a motion filed with the court, Lawson states, both defendants are part of a common scheme or plan and are intricately intertwined and connected in time, place and occasion.
“Based on the evidence, it would be difficult to separate proof of one charge from proof of the others,” the motion states.
The men are charged in the murder of Dolores Borja-Valle, also known as Lolo, who was found dead Aug. 9, 2015, in a Captain Cook coffee field.
In filings opposing Lawson’s motion, defense counsel stated a consolidated trial would deprive clients of a fair trial.
Terri L. Fujioka-Lilley represents Eber Miranda-Garcia. In her motion, she lists various reasons why the trials should be conducted separately.
The filing states a joint trial could deprive her client of helpful evidence at his trial, and a consolidated trial could deprive both defendants of helpful witness testimony and infringe on her client’s right to remain silent and not testify.
Wendy DeWeese, defense counsel for Marlon Miranda-Garcia, also filed a motion opposing the consolidation.
Lawson requested to consolidate cases last November. During a hearing for Eber Miranda-Garcia on Nov. 8, Judge Harry P. Freitas denied the prosecuting attorney’s request.
The same motion was denied during a hearing for Marlon Miranda-Garcia in front of Judge Melvin Fujino on Nov. 14.
After hearing arguments from defense counsel on April 5, the court found the objections to the consolidation to be speculative and granted Lawson’s motion.
A joint jury trial is now scheduled for Aug. 7.
