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Court allows evidence in illegal fishing case
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Posted on May 22 2005
The Superior Court ruled against suppressing physical evidence obtained from two men who were accused of illegal fishing after being caught with fishing equipment and suspected catch while walking along Tank Bank, which forms part of the Forbidden Island sanctuary.
But associate judge Kenneth Govendo favored suppression of the statements given to authorities by defendants Maynard Hilbert and Kinny Recherii, who claimed that they were not apprised of their Miranda rights before being interrogated while in custody.
Govendo said conservation officers have the authority to question the defendants and inspect their belongings after the latter allegedly violated Public Law 12-46, which declared the Forbidden and Bird Islands as sanctuaries. The law prohibits the harvesting of fish and wildlife at the sanctuaries.
The court noted that, when officers James Tanaka and Joe Tomokane caught the defendants on the night Sept. 29, 2003, the latter had fishing equipment and cooler containing fish, crab, and lobster. The officers took the equipment and cooler.
The officers had first noticed a pickup truck parked near a no-fishing sign. The court noted that the officers had observed the two defendants fishing and waited until the latter came ashore before accosting them.
But the judge suppressed the defendants’ statements, saying that Miranda warnings must be given to any defendant who is subject to custodial interrogation.
“The government did not provide the court with any basis on which to make a determination that the two defendants were not in custody and that their Miranda rights had not been violated,” Govendo said.
The judge denied the defendants’ request for separate trials.
