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The Honolulu Advertiser
Posted on: Saturday, July 4, 2009

Killer's sentencing delayed


By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Ethan "Malu" Motta

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Local underworld figure Ethan "Malu" Motta, convicted of racketeering and murder in the Pali Golf Course shooting case, won't be sentenced Monday because his legal team, including high-powered New York defense attorney Charles Carnesi, has withdrawn from the case.

Motta has no money to pay Carnesi and local lawyer Walter Rodby, according to legal papers filed this week in federal court.

Motta "is requesting court-appointed counsel," Rodby said in a motion to withdraw. Court-appointed defense lawyers are only available to criminal defendants who can't pay for private attorneys.

Where Motta found the money to hire Carnesi, whose clients include John A. "Junior" Gotti, son of former New York mafia don John Gotti, has been a source of speculation since Carnesi entered the case last year.

Motta's mother, Elizabeth Motta, said during the trial that her family was trying to "scrape up" funds to pay Carnesi's discounted fees of $150,000.

She called Carnesi "an angel" for agreeing to represent her son.

She could not be reached for comment yesterday.

Carnesi, who is back in New York trying to arrange the release of Junior Gotti on bail pending trial on racketeering charges, also was unavailable for comment. Rodby declined comment.

Motta, 39, was charged by police with murder and attempted murder after two men were fatally shot and a third critically wounded in the Pali Golf Course parking lot on Jan. 7, 2004.

Police, city prosecutors and later federal law enforcement said the violence was part of an underworld turf war over "protection" money paid by illegal gambling operations in Hawai'i.

Motta was represented from 2004 to 2008 by a court-appointed defense lawyer, Todd Eddins, but dismissed Eddins last year after finding the money to hire Carnesi and Rodby.

Mollway allowed them to resign from the case Thursday after receiving two letters from Motta late last month. Those letters are sealed from public view.

She delayed Monday's sentencing until the selection of "court-appointed counsel to represent him at the sentencing and with any appellate issues surrounding his conviction."

Motta's co-defendant in the racketeering trial, Rodney Joseph Jr., is still scheduled for sentencing Monday afternoon. Joseph, 40, and Motta face life terms in federal prison.

Rodby and Carnesi said after Motta and Joseph were convicted that they planned to appeal the case, based in part on a legal challenge then pending before the U.S. Supreme Court about the wording of jury instructions used to explain the federal Racketeering Influenced Corrupt Organization law.

But the Supreme Court has since affirmed the legality of those jury instructions.

Joseph filed a motion for a new trial but withdrew it after the Supreme Court decision was handed down.

A third co-defendant in the case, Kevin "Pancho" Gonsalves, pleaded guilty before the case went to trial and was sentenced by Mollway to 27 1/2 years in prison.