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The Honolulu Advertiser
Posted on: Friday, August 26, 2005

Cash, drugs cited as motive in '01 slaying

By Ken Kobayashi
Advertiser Courts Writer

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A 33-year-old man shot a self-employed contractor at point-blank range and killed him during a 2001 Salt Lake home invasion robbery in an attempt to get cash and crystal methamphetamine, a deputy prosecutor said in the opening of the man's murder trial yesterday.

But the man's defense attorney told a Circuit Court jury his client denies the charges and the two key prosecution witnesses, both convicted felons, have a motive to lie in blaming the defendant.

Arthur Birano went on trial on charges of murder, robbery, burglary and firearm counts accusing him of breaking into the home of Darryl Lee at about 3 a.m. in late April 2001 and getting away with $2,000 in cash, but no drugs, and leaving behind $43,000 in a safe.

Lee, 46, who lived alone, was shot once in the chest. His body wasn't discovered by relatives until days later.

Birano, who has a record of 39 criminal convictions since 1990, was sentenced in 2003 to a life prison term with parole for a May 2001 home invasion-style robbery in Makiki.

It wasn't until later in 2003 that police and prosecutors had enough evidence for an O'ahu grand jury indictment charging Birano with Lee's murder.

City Deputy Prosecutor Christopher Van Marter told the jury Birano was assisted by a prostitute, Sharmain Barros, 41, and Michael Randall, 30, Birano's good friend at the time.

Birano did not know Lee or where he lived, but Barros pointed out the home and told him where Lee kept cash and drugs, and Randall, a convicted burglar, assisted in breaking into the home, the deputy prosecutor said.

Birano pounded on Lee's bedroom door, knocked the victim to the floor, then fired the gun when Lee got up, Van Marter said. Birano kept $1,500 and gave Randall $300 and Barros $200, the deputy prosecutor said.

Birano's lawyer Nelson Goo said Lee dealt in ice and was also a user who dated prostitutes, including Barros. But Goo said it was Randall who got into the house, there was a struggle and Lee was shot.

Goo said Barros implicated Birano after she was arrested on drug charges in 2003. She will get probation in the drug case and up to a year in jail instead of a possible life prison term, the defense lawyer said.

Randall has convictions for nine previous burglaries, Goo said.

Randall was charged with robbing Lee, burglarizing his home and a related firearms offense and will get a prison term of at least 40 months, Van Marter told the jurors.

But Van Marter said Birano was the leader and the only one who wasn't a convicted felon was the victim.

The trial in Circuit Judge Richard Perkins' courtroom is expected to take more than a week.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.