Court grants man’s request for physical evidence

The Superior Court granted last Monday Ken Matzue’s request for the prosecution to produce all physical evidence, including police vehicle records and the victim’s shirt, before his jury trial.

In preparation for his trial in June, Matzue, 43, through his lawyer, Stephanie Boutsicaris, made a motion to compel discovery related to the use of police vehicles and all physical evidence, including the shirt worn by the victim.

Superior Court Associate Judge Joseph Camacho granted Matzue’s motions and ordered the prosecution to provide all requested documents and physical evidence by May 31 during an evidentiary hearing.

According to the motion, the documentation about the officers’ vehicles would be relevant because, at some point, the officers likely placed the evidence in their vehicle.

“Evidence regarding who had access to the police vehicles will be necessary to properly investigate if the physical evidence was contaminated or even mixed up with other evidence in the vehicle,” Boutsicaris said.

During Monday’s hearing, Camacho also addressed some of Matzue’s other motions, including a motion to suppress evidence from an illegal stop, and a motion to compel Henthorn material.

Camacho denied Matzue’s request to suppress evidence from a police stop and granted the motion to compel Henthorn material, or material that could potentially prove Matzue’s innocence.

According to Saipan Tribune archives, Matzue, will return to court for a jury trial on June 24. A pretrial conference was set for June 5.

Matzue is charged with assault with a dangerous weapon after a stabbing incident led to his arrest in October 2018.

He remains in the custody of the Department of Correction after failing to post a bail of $15,000.

Matzue allegedly stabbed a man who had stopped him from stealing four cans of beer at a store.

The Department of Public Safety responded to a report of a robbery and stabbing incident at New Chang Ming Market in Garapan on Oct. 14, 2018.

The report stated that police arrived at the scene at 6:59pm and found the victim with lacerations on his chest.

During the interview, the victim told police that Matzue came into the store and went straight to the chiller. He allegedly saw Matzue place four cans of beer inside a bag and then walk over to the cash register with one beer in his hand.

The victim told police that he followed Matzue to the counter to ensure that he pays for the cans of beer in his bag, but Matzue only paid for the one can he was holding in his hand.

After paying for the beer, the victim told Matzue to take out the four cans of beer in his bag. When Matzue opened his bag, the victim took out the cans of beer and did not realize that Matzue had pulled a knife out of his right pocket.

Matzue allegedly stabbed the victim in his chest but the victim blocked the action and sustained a stab wound on his hand and small puncture in the chest.

Matzue immediately ran off. The victim called 911 to report the incident.