On rape-slay case Defense wants suspect’s statements suppressed

A court-appointed lawyer representing a man facing accessory to murder charges has motioned the Superior Court to strike statements made by his client Juanito Alcantara to police authorities regarding his alleged part in the criminal case.

Mr. Alcantara’s attorney Thomas Clifford told the court yesterday that his client, who claims to speak very minimal English, was tricked by Tinian police investigators into releasing statements that may be used in the case the government has levied against him.

The defense counsel argued in front of Associate Judge Timothy Bellas’ bench that Mr. Alcantara was arrested by authorities without telling him the real cause for his detainment.

Mr. Alcantara was reportedly taken into police custody based on a missing person complaint. But in actuality, the defense submitted, he was already under suspicion for accessory to murder in connection with the slaying of a Tinian Dynasty Hotel and Casino waitress last year.

Mr. Clifford pointed out flaws in the method employed by investigating officers when they booked the suspect. The Tinian police allegedly did so in violation of the defendant’s constitutional rights.

“It doesn’t matter whether the cops did it intentionally but the [procedure] they did does not even meet the threshold of the requirements,” said the defense lawyer.

Chief Prosecutor Kevin Lynch, however, contested the defense motion to suppress the testimonial evidence of the suspect as well as statements issued by police, citing that Mr. Alcantara, a seven-year resident of Tinian, must have picked up adequate English communication skills along the way.

Quoting portions of a transcribed verbal exchange between the suspect and police, Mr. Lynch said it was evidence that indicating Mr. Alcantara was not coerced into answering questions.

The government lawyer also added that police briefed Mr. Alcantara of his Miranda rights but showed no indication that he did not understand what he was told.

“The defense is just trying to paint the police in a bad light. But there are no testimonies or evidence that corroborate these allegations. There is no evidence of coercion, nor that the defendant was deprived of food or sleep,” said Mr. Lynch.

He also qualified the statements as perfectly admissible evidence against Mr. Alcantara.

Judge Bellas moved to review the matters presented before him, particularly a certain taped conversation between Mr. Alcantara and investigating officers.

The court has temporarily set a trial date for Mr. Alcantara on May 21, 2001.

The defendant is being accused for the brutal killing of a 24-year-old TDHC employee.

The victim was reportedly raped and murdered.

Ms. Hui was reported missing on Feb. 19, 2000 after she failed to show up at Viva Poker game room at around 1am. A regular customer of Viva, she called up the gameroom and asked to be picked up at Tinian Dynasty.

According to reports, the gameroom’s cashier Eden M. Lozano dispatched the defendant to fetch Ms. Hui.

Mr. Alcantara is not an employee of Viva Poker but was allowed by management to do some chores around the establishment.

The suspect has been previously accused of robbing a Tinian store where several pieces of jewelry worth $50,000 were found missing on December 29, 1999.

A suspect in the woman’s disappearance, Mr. Alcantara denied that he picked up Ms. Hui at the security outpost of Tinian Dynasty staff house. But when he was told that the hotel casino’s security video showed him fetched Ms. Hui, he changed his statement and eventually admitted that he did.