Mistrial declared in Koshiba case

Superior Court Associate Judge Kenneth L. Govendo declared Friday a mistrial in the case of former firefighter Jergerson Techur Koshiba,who is facing a charge of second degree sexual abuse of a minor.

Govendo, however, found the 42-year-old Koshiba guilty of disturbing the peace. The judge decided the misdemeanor charge.

Govendo said he will give Koshiba credit for time served and will place him on probation for one year. Koshiba has already spent more than six months in jail, which is the maximum sentence for disturbing the peace.

Govendo declared the mistrial after the six jurors remained deadlocked or could not reach a unanimous verdict.

The judge said he will set a new trial date once the government files a new case against Koshiba. He ordered the parties to appear on Monday.

Assistant attorney general Betsy Weintraub, counsel for the government, said she will file a new case against Koshiba on Monday.

Defense attorney Joaquin Torres said his client should walk free now because the court has no more jurisdiction.

Govendo ordered Torres to file the paperwork.

“Put together all your arguments as to why the defendant should be free,” the judge told Torres.

The six jurors started deliberating for a half a day on Thursday. They resumed deliberations the whole day Friday.

Govendo called the jurors and the lawyers shortly before 5pm Friday after receiving a note from the jury that they were deadlocked.

Govendo asked each juror if there is reasonable probability for them to reach a unanimous verdict if he sends them back. Only one juror replied it is possible. Another juror said they tried twice already, but they came out with the same result.

Three jurors said they would reach the same decision if asked to further deliberate.

The sixth juror said it would be difficult to reach a unanimous verdict so they will still be deadlocked.

This prompted Govendo to declare a mistrial and dismissed the jurors.

As to the misdemeanor charge of disturbing the peace, Govendo said he would like to weigh it a while. He asked Torres if he wants to argue that day or wait for next week.

Torres replied that they want a ruling that day.

After listening to the parties’ brief arguments, Govendo said that based on the evidence and the girl’s testimony, the defendant is guilty of disturbing the peace.

The judge said he is going to give the government two weeks to file a new case if it wants to.

Torres objected, saying the court has no more jurisdiction as the case is already dismissed.

Govendo said Torres brings up a point that at this moment Koshiba has no charge.

Govendo said the bail is $50,250 and that’s the reason why Koshiba is still in jail.

Assistant attorney general Shannon Foley, who is assisting Weintraub, asserted that the court only declared a mistrial but overall the charge is still pending.

Torres said as there is no charge now, the court has no jurisdiction and that his client should be released from prison.

Govendo said he is going to continue on Monday for Torres to file the paperwork as to why Koshiba should be a free man now.

Koshiba was accused of sexually abusing a 9-year-old girl on Navy Hill last Feb. 26.

The trial began last Monday.