KEALAKEKUA — A McDonald’s receipt ignited an interesting line of questioning by the defense as the murder trial for the Miranda-Garcia brothers continues in 3rd Circuit Court.
During Wednesday’s court proceedings, more detailed testimony was given about pieces of evidence recovered on Aug. 9, 2015, from a Captain Cook coffee field off Keopuka Mauka Road where the body of Dolores “Lolo” Borja-Valle was found.
Eber Miranda-Garcia and his brother Marlon were arrested in 2017 in connection to the 69-year-old’s death and soon after charged with second-degree murder and second-degree conspiracy to commit murder. A jury trial to prove their guilt or innocence has been underway since Aug. 14.
On Wednesday, Deputy Prosecutor Kauanoe Jackson questioned Hawaii Police Detective Carrie Akina about items she collected Aug. 9, 2015, from the Captain Cook coffee field and her observations at Lolo’s Holualoa home.
Akina testified that she had collected a McDonald’s receipt as well as a rifle and one round of .22 ammunition from the chamber of the weapon at the coffee field. She also found hair and leaves that were not consistent with the foliage of the area.
The next day, Monday, Aug. 10, 2015, Akina stated she went to Lolo’s residence in Holualoa. While she was at the property, the detective said, she learned Eber Miranda-Garcia and his wife, Jessilyn Hoohuli, resided in the upstairs portion of Lolo’s house.
Akina told the court that she observed a Clorox bottle outside of the house. When she looked inside the lower portion of the home, she observed a dog, a fan that was oscillating, an open half-gallon of milk and food on the stove.
The dog was later identified as Lolo’s pet, Toby. Akina stated that she compared the hair she found at the crime scene and it matched the animal’s coat.
Akina also testified that the foliage she observed were leaves that appeared to be from macadamia nut and mango trees. Both trees were present at the Holualoa property, the detective stated.
The prosecution also played a video of an interview with Marlon Miranda-Garcia. Akina was observed asking questions in the video with the assistance of Officer Reuben Pukahi, who speaks Spanish.
During the interview, Marlon Miranda-Garcia stated the last time he saw Lolo was Friday around 5:30 p.m. by the coffee station on the Holualoa property where Lolo’s house was located.
When asked about his own whereabouts on Saturday, Marlon Miranda-Garcia told Akina and Pukahi that he was home all night.
During cross-examination by Deputy Public Defender Wendy DeWeese, Marlon Miranda-Garcia’s counsel, Akina was asked about the interview she conducted with her client.
DeWeese confirmed with Akina that the police department has Spanish-speaking interpreters available to them for interviews. The detective testified Pukahi was not an interpreter, but a police officer.
“You don’t know if Officer Pukahi accurately interpreted everything you said, correct?” DeWeese asked Akina.
“Correct,” the detective responded.
DeWeese also clarified with Akina that she used no specific dates when asking Marlon Miranda-Garcia about the last time he saw Lolo.
Terri Fujioka-Lilley, counsel for Eber Miranda-Garcia, also cross-examined the detective. She focused her line of questioning on the McDonald’s receipt recovered at the crime scene.
Akina explained the receipt was from the fast food establishment inside Walmart on Henry Street. Upon further investigation, the detective testified the store’s surveillance video placed Lolo at the business on Aug. 7, 2015, in the company of two other women.
“Police could never identify the women,” Akina stated. “To me, they looked like they were tourists.”
When Fujioka-Lilley asked the detective about follow up on Lolo’s banking records, she confirmed she didn’t follow through on that and was unaware if anyone in the department had.
The surveillance video was not shown to other people the department interviewed to see if the women could be identified.
“Did you learn through investigation that Lolo was known to be flirtatious with women?” Fujioka-Lilley asked.
At that point, Jackson immediately rose from her seat to object. “Objection! Beyond the scope and character,” the prosecutor said.
Judge Robert D.S. Kim sided with Jackson.
“Move to strike. You will disregard that question,” Kim instructed to the jury.
On redirect, Jackson referred back to Akina’s interview with Marlon Miranda-Garcia.
While dates were not specifically stated, Akina testified that a timeline had been established with the defendant from when Lolo was last seen to when his body was found.
Jackson also referred back to the Walmart receipts belonging to Lolo.
Akina testified that almost all the items purchased from the store made it to Lolo’s home. Items included a DVD, cat food, masa and other items.
The trial resumes today.