Judge denies defense request

WAILUKU >> A judge has denied a defense request to move away from Maui the trial of a man charged with murder in the disappearance of his girlfriend.

Jury selection for Bernard Brown’s trial is now set to begin in November, The Maui News reported.

Brown, 50, has pleaded not guilty to second-degree murder of Moreira “Mo” Monsalve, who was last seen the night of Jan. 12, 2014, at his apartment at Iao Parkside in Wailuku.

In asking for the trial to be moved, defense attorney Gerald Johnson cited the need “to prevent jury contamination,” given publicity generated during the search for Monsalve on Maui.

“We’re very concerned,” Johnson said Wednesday. “Although the publicity has not been terrible lately, when it comes to trial, we expect publicity will be extensive. And we don’t believe Mr. Brown could get a fair trial here on Maui.”

Second Circuit Judge Peter Cahill said there was no basis to move the trial at this point.

He said there has been some pretrial publicity and that the motion to move the trial also would generate some. But he said such issues could be addressed through questioning of potential jurors and by issuing “continuous cautionary instructions” to jurors.