HONOLULU (AP) - The Latest on a motion for a new trial for a man convicted of murder in the death of his pregnant ex-girlfriend (all times local):
12:45 p.m.
A judge is denying a new trial for a man convicted of murder in the Maui death of his pregnant ex-girlfriend.
Steven Capobianco’s attorney argues there should be a new trial because jurors improperly communicated over the phone.
Judge Joseph Cardoza says a juror phoned fellow jurors to inform them she wanted to speak to the court after a note was sent that the jury was deadlocked. Cardoza says that doesn’t justify a new trial.
The defense also argues it was wrong to give jurors a weeklong break during deliberations. Cardoza says it was fair to do so because jurors spent more than half a year in trial and that the break was during the Christmas holidays.
The jury convicted Capobianco in December of murder in the death of Carly “Charli” Scott, who disappeared in 2014 while pregnant with his child.
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10 a.m.
An attorney for a man convicted of murder in the Maui death of his pregnant ex-girlfriend says jurors illegally communicated with each other by having phone conversations.
Attorney Jon Apo is asking for a new trial for his client Steven Capobianco, who was found guilty in December of murder. Carly “Charli” Scott was five months pregnant with Capobianco’s child when she disappeared in 2014.
Apo also argues that the judge was wrong to allow jurors to take a one-week break during their deliberations. Apo also alleges prosecutorial misconduct.
Deputy Prosecuting Attorney Robert Rivera says Apo’s allegations are based on speculation. Rivera says Apo violated a court order to not contact jurors after the verdict.
Judge Joseph Cardoza says he’ll rule on the motion later on Monday.
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3:35 a.m.
A Maui man convicted of murder in December in the death of his pregnant ex-girlfriend is expected back in court to ask for a new trial.
KHON-TV reports (https://bit.ly/2mM9oLD) that a hearing on the motion for a new trial filed by Steven Capobianco’s attorney is scheduled for Monday.
His attorney claims jurors were exposed to news coverage of the case and that the prosecutor engaged in misconduct.
A jury found Capobianco guilty of second-degree murder and arson in the death of Carly “Charli” Scott. She was five months pregnant with Capobianco’s child when she disappeared in 2014.
Capobianco was arrested for promoting contraband last month after police say a Maui woman visited him in jail and tried to pass him drugs.
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Information from: KHON-TV, https://khon.com
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