The defense in the ongoing Capitol arson trial suffered a setback Wednesday after a Supreme Court justice refused to grant an alternative writ of certiorari sought by former House Speaker J. Fonati Koffa and fourteen codefendants, effectively upholding a lower court ruling that refused to suppress key evidence the defense says was obtained illegally, including through torture.
Justice Jamesetta H. Wolokolie, presiding in chambers, directed Criminal Court “A” Judge Roosevelt Z. Willie to resume jurisdiction and proceed in accordance with the law, lifting a previously issued stay on the proceedings. Her action signals that Judge Willie committed no procedural error when he denied the defendants’ motion to exclude the contested material.
Judge Willie had ruled that the evidence challenged by the defense should be presented to a jury to evaluate its weight and credibility rather than being blocked from trial. Koffa and his codefendants had argued before the Supreme Court that the judge’s decision undermined constitutional protections against unlawful searches and seizures and other procedural guarantees, and alleged some evidence was obtained by unlawful means including torture.
Associate Justice Wolokolie initially issued a stay and called for a conference with counsel on October 2 after the defense petitioned for review. At that conference both sides argued the propriety of granting the writ. After consideration, the justice declined to issue the alternative writ requested by the defense and ordered Judge Willie to resume control of the case.
A communication from Supreme Court Clerk Sam Mamalu conveyed the Justice’s decision, stating: “By directive of Her Honor Jamesetta H. Wolokolie, Associate Justice presiding in Chambers, you are hereby mandated to resume jurisdiction and proceed in keeping with law as the Justice has declined to issue the writ prayed for.”
