Tuesday, July 24, 2012

Part 2 : protecting the wrong people

Yesterday, I mentioned a case from Kentucky when a rape victim was facing punishment for mentioning the names of her rapists online.  Notice that the rapists are being protected in this case.

http://pablowegesend.blogspot.com/2012/07/protecting-wrong-people.html


Today's post mentions a case from right here in Hawaii.

http://www.staradvertiser.com/newspremium/20120724_Cleared_of_slaying_woman_man_guilty_of_kidnapping_her.html?id=163515956


A jury Monday convicted a 34-year-old man of kidnapping his ex-girlfriend, eight months after he was acquitted of murdering her in a separate incident.


The jury had sat through nearly the entire kidnapping trial without being told why ex-girlfriend Royal Kau­kani was unavailable to testify against defendant Toi Nofoa. But at closing arguments Monday jurors were told Kau­kani is dead, and hours later returned the verdict convicting Nofoa.


At the start of the trial, Circuit Judge Randal Lee had ruled that telling jurors that Kaukani is dead would deny Nofoa a fair trial
.

Look at what I highlighted in red. The judge did NOT allow the prosecutors to tell the jury that the kidnapping victim was already dead before the trial!

In other words, the Judge wanted the prosecutors to Lie via Omission.

Because telling the truth would (omg.............nooooooooh) mean an unfair trial to the kidnapper Toi Nofoa.

This was NOT the first case that Nofoa was PROTECTED by a judge denying a truth be mentioned in a trial against him.

As mentioned in the quoted paragraphs above, and I'll mention it again here


A jury Monday convicted a 34-year-old man of kidnapping his ex-girlfriend, eight months after he was acquitted of murdering her in a separate incident.

So how did Nofoa get convicted of kidnapping but not of murdering the same woman.

Well, the murder trial came first. So why was Nofoa not convicted?

 http://www.staradvertiser.com/newspremium/20111124_Jury_acquits_man_in_Ewa_murder.html?id=134447173


Arrisgado said the prosecution was unable to introduce important evidence during the trial, including numerous assaults upon Kaukani by Nofoa and a statement from her about how Nofoa had threatened her with a black revolver and kidnapped her from her workplace in Haleiwa on Sept. 11, 2008.

Yep, the jury in the murder case were NOT allowed to find out that Nofoa had previous violent offenses against his ex-girlfriend before the murder occurred.


That information could have changed everything! But again, presenting TRUE INFORMATION considered unfair to the defendant!

In other words, Toi Nofoa was PROTECTED by not having the truth mentioned!

Nofoa was protected by not allowing the jurors to even hear "Nofoa was alleged to have done this..."

Notice that Nofoa could have just dared the prosecutors bring up that information so he could have his lawyer prove it wrong! Nofoa DID NOT DO THAT! What he did was WAY WORSE! He got his lawyer to block important information that made him look bad from being mentioned in front of the jury!

If that doesn't sicken you enough, check out this article about the violent actions Nofoa committed against his ex-girlfriend, Royal Kaukani before the murder.

http://archives.starbulletin.com/content/20090319_relationship_bore_many_scars



Nofoa had been out on bail for allegedly kidnapping Kaukani on Sept. 11. According to police, Nofoa had abducted Kaukani at gunpoint from her workplace in Ko Olina. She escaped at a service station in Haleiwa with the help of bystanders.


Nofoa allegedly began threatening and attacking Kaukani again last month.


The affidavit said on Feb. 11 a police officer was called out to the Aiea home of one of Nofoa's relatives to get Nofoa to leave.


After he left, Kaukani told the officer that Nofoa attacked her on Feb. 8 at about 3 a.m., the affidavit said.


Kaukani reported that she had tried to leave the same house, but Nofoa forced her into a bedroom at knifepoint.


Nofoa threw her onto a bed and choked her until she passed out, she said. When she regained consciousness, she noticed blood and a cut on the left side of her head. She reported Nofoa hit her and cut her with the knife.


Police opened cases of kidnapping, second-degree assault and first-degree terroristic threatening.


On Feb. 20 at about 9:45 p.m., Kaukani reported to police that Nofoa had repeatedly called her cell phone and harassed her about not keeping her mouth shut, the affidavit said.


Kaukani told the officer that she had a protective order against Nofoa until Dec. 1, 2028
.

Police opened investigations into five protective restraining order violations against Nofoa for five calls that Kaukani answered.


Five days later, police opened more restraining order violations against Nofoa for allegedly calling Kaukani's cell phone and swearing at her. After Kaukani told him to stop, Nofoa called her more than seven times, the report said.



These are the actions of a sick, violent monster! There's NOTHING MINOR ABOUT THIS!

Sure, even a dangerous psycho like Toi Nofoa deserves a fair trial. But a fair trial is supposed to have true information mentioned, even information that could make the defendant look bad!  A fair trial is suppossed to mention if the defendant has a history of violent behavior.

But Nofoa had a trial in which the judges blocked such information from being mentioned to the jury. The judges are complicit in Nofoa's evil in protecting Nofoa from having the truth mentioned about him!

The wrong people are being protected here. Nofoa was being protected when his victim, Royal Kaukani had NO REAL CHANCE OF BEING PROTECTED AT ALL!




Nofoa got off easy. He's probably laughing and  bragging to his friends how he could get off so easily. Of course, that will happen when there's no video-cameras to record that!

Meanwhile, the message is being sent by the judge Randall Lee towards victims of domestic violence. The message being sent is "you dont matter, your pains are minor, we dont care about you, too bad!"

This is no different from Judge Glenn Kim giving an extremely lenient sentence to Matthew Kupa, who attacked (for no good reason) an older, smaller man so bad, that his victim got SEVERE BRAIN DAMAGE! Kupa only got 18 months (not years, months) in jail, and five years of probation.

Learn more at
http://pablowegesend.blogspot.com/2012/06/how-lenient-is-too-lenient.html

Those judges are as evil as the violent bullies they protect! They better hope karma does come to them!