The state appeals court affirmed on Tuesday the murder conviction of Matthew Higa for committing one of Hawaii’s most disturbing crimes when he threw a 23-month-old toddler from the Miller Street overpass to the H-1 freeway four years ago.
In a unanimous decision, the three-judge panel of the Intermediate Court of Appeals rejected Higa’s contention that the prosecution had failed to prove the child was alive when tossed from the overpass Jan. 17, 2008.
Higa, 26, did not testify during the trial, but his defense suggested that Cyrus Belt was already dead.
The appeals court ruled that the evidence, including the medical examiner’s testimony, was enough to establish that the child was alive and that his death was caused when he hit the pavement and was struck by a truck.
The panel also ruled that Circuit Judge Dexter Del Rosario did not err by refusing to grant a defense request to step down from the case and that Higa’s trial lawyer, Randall Oyama, was "not ineffective."
Lila Kanae, Higa’s lawyer on appeal, could not be reached for comment on whether she will ask the Hawaii Supreme Court to review Tuesday’s ruling.
The horrific nature of the crime and the victim’s age stunned the community, prompting visitors to leave gifts, balloons and toys at the overpass in memory of the child.
The case also highlighted the dangers of crystal methamphetamine, which Higa admitted he used. It is undisputed, the panel said, that Higa at the time of the crime was "on methamphetamine and amphetamine."
At the end of the 2010 nonjury trial, Del Rosario found Higa guilty of second-degree murder and sentenced him to a prison term of 15 years to life in prison.
At his paroling hearing, Higa maintained he did not throw the baby from the overpass, but the Hawaii Paroling Authority ruled that Higa must serve at least 200 years in prison before he can be released on parole.
Appeals Judge Alexa Fujise wrote Tuesday’s opinion, which was also signed by Chief Appeals Judge Craig Nakamura and Appeals Judge Lawrence Reifurth.
