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Circumstantial case in Monsalve murder outlined

Her body not found; defendant seeks to have case dismissed

By Lila Fujimoto 7 min read

WAILUKU -- Although Moreira "Mo" Monsalve's body hasn't been found since her disappearance more than six years ago, circumstantial evidence supports her death and "a strong suspicion" of her ex-boyfriend's guilt in the murder case against him, according to the prosecution.

Her children, close family friends, co-workers and others detailed a "volatile relationship" between Bernard Brown and Monsalve, who had moved out of his apartment at Iao Parkside in Wailuku less than two weeks before she was last seen there the night of Jan. 12, 2014, according to a memorandum filed in 2nd Circuit Court this week by First Deputy Prosecuting Attorney Robert Rivera.

He filed the memorandum in opposing a motion by Brown to dismiss the second-degree murder indictment against him. A hearing was set for Sept. 14 before 2nd Circuit Judge Peter Cahill.

The defense alleges insufficient evidence and excessive use of hearsay was presented to the Maui County grand jury that returned the indictment about a year ago.

"Nearly the entire case was based on hearsay evidence," defense attorney Keith Shigetomi said in the motion filed July 19. "The excessive use of hearsay masked the dearth of actual evidence of the alleged crime by purposely accentuating years of police effort to influence the grand jurors to return an indictment which it would not have otherwise."

Monsalve's daughter, Alexis Felicilda, and three police detectives testified at the grand jury hearing, with detectives also testifying for more than 20 witnesses who were unavailable for the hearing, according to court filings.

Brown, 49, has pleaded not guilty to second-degree murder, with the indictment alleging he caused Monsalve's death on Jan. 12 to 13, 2014.

The 46-year-old mother of three was reported missing Jan. 14, 2014, after she hadn't shown up for work or responded to phone calls and messages.

In his memorandum, Rivera said that although there was no direct evidence of Monsalve's death, "there was overwhelming circumstantial evidence that the victim ceased to physically exist after she entered Defendant's residence on January 12, 2014."

Grand jury witnesses provided "a detailed description of nearly every facet of the victim's life, habits, routines, financial practices and professional career which came to a sudden and abrupt end nearly six years ago," Rivera wrote.

He said "detailed and descriptive circumstantial evidence provided more than sufficient probable cause to establish the death of the victim."

In addition, "the state submits that an abundance of circumstantial evidence was presented to the grand jury which provided sufficient probable cause for jurors to establish a strong suspicion of Defendant's guilt," Rivera said.

He said Brown "engaged in a multitude of lies and conduct which further establishes sufficient probable cause for murder."

According to documents filed in court as part of the motion, Brown told police he last saw Monsalve when she left his apartment at 10 or 10:30 the night of Jan. 12, 2014, after he fell asleep on the couch while they were watching a movie. She kissed him on the cheek and said her younger son would pick her up as she left, Brown told police. He said he was asleep until about 10 the next morning.

But a police investigation showed activity continuing on Brown's cellphone, as well as Monsalve's cellphone, through the night and into the early-morning hours of Jan. 13, 2014, with both cellphones connecting to an IP address for Brown's apartment.

Brown's online activity included posting photos on Facebook and deleting friends from his Facebook account, according to the investigation.

In phone calls the evening of Jan. 12 through the early morning of Jan. 13, Brown sounded "distressed, distraught and crying," a close friend told police.

An ex-girlfriend reported that Brown sounded "panicked and shaken up about something" in a voice message the morning of Jan. 13. When the woman talked to Brown, he sounded "very leery about talking on the phone" and thought his phone was being tapped, she told police. She said he also asked for money for an untraceable phone and asked if she knew how to "wipe" a computer.

Shortly before 4 a.m. Jan. 13, Brown posted a surfboard for sale on Craigslist and made additional postings throughout the day, a police detective reported. A woman trying to purchase items Brown had posted on Craigslist said he sounded "rushed and uneasy" on the phone, and said he had to get out of town and needed as much money as he could get, according to police.

Monsalve's cellphone showed browser activity, including an attempt to purchase an airline ticket after searching for flights from Maui to San Jose, Calif., that continued until 3:21 a.m. Jan. 13, the detective said.

Brown told police he and Monsalve didn't argue or fight that night. He reportedly told a close friend and co-worker of Monsalve that he was the last person to see her, and they were trying to work out their problems.

Monsalve's friends and family members described Brown as jealous and possessive.

After meeting on a dating app at the beginning of 2012, Monsalve and Brown had an off-and-on relationship, friends and family told police. After an argument at a New Year's Eve party, her daughter said the two broke up on Jan. 1, 2014, when Monsalve and her younger son moved out of Brown's apartment.

A friend and co-worker reported that on Jan. 9, Monsalve said she had to get one more load of personal items from Brown's residence.

Brown told police he and Monsalve were still together and her belongings were still at his apartment.

On the night she was last seen, Brown told police Monsalve showed up at his apartment after dropping off her daughter at the airport. He said Monsalve left the Buick she had been driving at his house because it was acting up. He said he dropped the car off at a repair shop in Wailuku the next day.

When he was questioned by police the afternoon of Jan. 14, 2014, Brown said he didn't know where Monsalve was, and he was upset because she was supposed to house sit and watch his cat while he went to San Jose.

An investigation showed that on Jan. 13, 2014, Brown had booked a flight to the Mainland for the next day.

After learning on Jan. 16, 2014, that Monsalve's pink Coach purse was found in a Papohaku Park dumpster, which was less than a minute away from Brown's apartment, police searched the dumpster. At the bottom, under green waste and garbage bags, a detective reported finding identification cards for Monsalve, her work swipe card, personal papers and her cellphone. The cellphone was in pieces with its back case off and battery removed and appeared to have been smashed, the detective reported.

Police said evidence from the cellphone, which was sent to the FBI, provided information that helped solve the case.

A homeless man who was looking for recyclables told police he found the purse in the dumpster at about 9:30 p.m. Jan. 13 and gave it to his girlfriend before it was turned over to police.

The dumpster had been emptied at 8:30 a.m. Jan. 13, police learned.

Police detectives reported the search for Monsalve included using cadaver dogs to search 17 areas including locations near Iao Parkside. Police also searched an area at the Central Maui landfill without finding any trace of Monsalve.

On Jan. 16, 2014, while checking with Brown's neighbors at Iao Parkside, a detective reported encountering Brown, who had multiple scratches on both arms and around his neck.

Friends and family members said Brown didn't participate in any of the searches organized for Monsalve.

An Iao Parkside resident reported seeing Brown going through the parking lot and taking down missing person flyers for Monsalve.

Brown left Maui and moved to Northern California after Monsalve's disappearance.

As part of the police investigation, detectives traveled to California last year to interview Brown and other witnesses before he was indicted Sept. 20 by a Maui County grand jury.

The FBI Violent Crime Task Force and Sacramento Police Department officers arrested Brown at his residence in Sacramento, Calif., the same day, and he was brought back to Maui to face the charge. Brown is being held in lieu of $1 million bail at the Maui Community Correctional Center.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.

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