STAR-ADVERTISER / 2009
Patrick Deguair Jr. was sentenced on Wednesday to 20 years in prison for kidnapping.
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A state judge ordered a new trial Wednesday for a man whom a jury found guilty last month of multiple crimes in connection with an armed home-invasion robbery because the jurors were exposed to inadmissible information during their deliberations.
Patrick Deguair Jr. was found guilty of robbery, kidnapping, burglary and using a firearm to commit the November 2007 robbery in Maili.
But jurors had information that one of the other alleged robbers in the case was dead and that Deguair could have been responsible for his death.
The alleged robber whose slaying the court had previously ruled was inadmissible is Jermaine Duckworth.
Deguair stood trial twice for Duckworth’s murder. Both ended in mistrial after both juries deadlocked 6-6. After the second mistrial, state Circuit Judge Glenn Kim dismissed the murder charge. The state is appealing the dismissal.
Kim is also the judge who presided over the home-invasion robbery trial and who ordered a new trial.
For their deliberations, the jurors were given a copy of a cooperation agreement between the state and its key prosecution witness, Malufafo Vito. All references to Duckworth’s death should have been blacked out. One wasn’t.
One of the jurors told Kim about the un-redacted reference to Duckworth’s death after the verdicts were rendered.
Vito pleaded guilty in February for his role in the robbery and testified against Deguair as part of his deal with the prosecutor. The victims had identified Vito as the one masked robber who took off his mask during the robbery.
Deguair is serving a 20-year prison term for kidnapping in connection with the robbery of an Aiea pool hall in April 2008, one week after Duckworth’s execution-style killing.