Tuesday, July 29, 2014         

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October trial set as man denies killing ex-girlfriend

By Oskar Garcia / Associated Press


WAILUKU » The ex-boyfriend of a Maui woman who was five months pregnant when she disappeared pleaded not guilty Tuesday to a murder charge in her death.

Steven Capobianco is accused of killing Carly Scott and burning her vehicle to cover up the murder. A Maui grand jury indicted him last week on charges of second-degree murder and third-degree arson.

The 24-year-old appeared at his arraignment Tuesday wearing a neck brace, orange jumpsuit and sporting a full beard.

Scott's relatives and friends sat in the courtroom gallery's front row. Some wore T-shirts with "Justice for Charli & Joshua" on the back, for Scott's nickname and the name she planned to give her son.

They would not comment after the brief hearing, where no details about what happened to Scott were revealed.

A jury trial date was set for Oct. 6, with a pretrial conference on Sept. 3.

Scott, 27, was five months pregnant with Capobianco's child when she disappeared.

Hawaii law doesn't consider a fetus a person for purposes of homicide charges, said University of Hawaii criminal law professor Kenneth Lawson.

Capobianco was served with an arrest warrant Monday at Maui Community Correctional Center, where he has been held since last month in an unrelated case, a spokes­woman for the state Judiciary said.

Capobianco injured his neck when he was mistaken for another inmate and assaulted at the jail Saturday, said Toni Schwartz, spokes­woman for the state Department of Public Safety. He was treated for his injury, and police are investigating the assault, she said.

Family members last saw Scott in February at her sister's home in Haiku. The Maka­wao woman's burned 1997 Toyota 4Runner was later found on the island's north shore.

According to a copy of the indictment obtained by the Associated Press, Capobianco caused Scott's death "in an especially heinous, atrocious, or cruel manner, manifesting exceptional depravity" in mid-February.

Before the burned-up SUV was found, police discovered Scott's dog in the nearby community of Nahiku.

Capobianco has told Hawaii News Now that he saw Scott on the night her family says she vanished but that he had nothing to do with her disappearance.

He said Scott picked him up and drove him to his pickup truck, which had broken down in Kea­nae. He said that after he fixed his truck, Scott was driving behind him, but he lost sight of her and figured she arrived safely at her destination.

The bench warrant set bail at $2 million for the murder and arson charges.


Associated Press writer Jennifer Sinco Kelleher contributed to this report.

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tigerwarrior wrote:
The prosecutor will have his/her work cut out if no bodies (body: Hawaii law excludes fetuses) are found. Hopefully there will be sufficient forensic evidence--if not the prosecution will have to rely almost exclusively on circumstantial evidence, trying to prove beyond a reasonable doubt--while excluding every other reasonable hypothesis by process of elimination--in attempting to single out the accused. Difficult--but not impossible to prove. See People v. Scott.
on July 16,2014 | 03:33AM
Smiley7 wrote:
What about her unborn child? This opala thinks he can talk his way out of it but vigorous prosecution can send this guy where he belongs in Halawa where they will love him. Think tough love. RIP Charli and Joshua, he will get what he deserves and more.
on July 16,2014 | 05:02AM
wahine wrote:
Does anyone know why he is wearing the neck brace? Was he beaten up by the guards or prisoners?
on July 16,2014 | 06:31AM
krusha wrote:
Hopefully they can figure out a way to put this dangerous dude away for life without parole. Criminals like this will continue to kill if given the opportunity.
on July 16,2014 | 06:57AM
lokela wrote:
Sure looks guilty to me. Lock um up. Pau.
on July 16,2014 | 07:04AM
Keolu wrote:
There must be pretty strong evidence. Not to mention his bail is 2 million.
on July 16,2014 | 08:11AM
bluebowl wrote:
Life without parole would be justice. No freedom ever. Looks like the defendant has gained some weight, not using drugs now.Looks like Karma has already set in! Prayers to the Scott ohana.
on July 16,2014 | 08:27AM
control wrote:
I think most of us suspected the ex bf from the getgo. The problem will be proving it. As others mentioned, no bodies, no solid evidence. I think it will be very difficult to prove guilt, everything is circumstantial. They need to find the body. Luckily the guy doesn't have the $$ to buy a big time attorney so it is possible that he could be convicted based on circumstantial evidence.
on July 16,2014 | 09:22AM
gobows wrote:
maybe we need jail house conversation
on July 16,2014 | 11:37AM
gobows wrote:
you know his lawyer told him to wear that neck brace
on July 16,2014 | 11:38AM
gobows wrote:
i hope his public defender told him to wear that neck thing
on July 16,2014 | 11:38AM
AFishOutofH20 wrote:
Guilty!!!!!!!! Just like Deedy and Williams!!!!!!!!
on July 16,2014 | 12:41PM
residenttaxpayer wrote:
He looks like a Taliban......
on July 17,2014 | 12:18AM
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