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High court won’t review Capobianco conviction

By Lila Fujimoto 3 min read

WAILUKU -- The state Supreme Court has declined to review an appeals court decision that affirmed 2nd Circuit Court convictions of Steven Capobianco, who was found guilty of murdering his pregnant ex-girlfriend and setting fire to her vehicle.

The order rejecting Capobianco's request was filed Thursday morning, ending his direct appeal in the case, attorneys said.

When the decision was handed down, the appellate division of the Maui County prosecutor's office shared the news with the rest of the office, said Deputy Prosecutor Robert Rivera.

"We're extremely pleased and very thankful for the hard work of everyone involved, beginning with the family of Charli Scott and their cooperation," Rivera said Friday.

He acknowledged the Maui Police Department "for their great work and, just as importantly, the staff and attorneys in our office who approached this case as a team," as well as federal agencies including the FBI and Joint POW/MIA Accounting Command.

"We're grateful for all the hard work," Rivera said.

In a trial that spanned seven months and included 75 witnesses, Capobianco was found guilty of second-degree murder of Carly "Charli" Scott and second-degree arson of her Toyota 4Runner.

He was the last person known to have seen her alive.

He told police that on the night of Feb. 9, 2014, she drove him from Haiku to about 3 miles past Keanae, where he said his truck had stalled the night before. After fixing a loose battery cable on his truck, Capobianco said he was driving back to Haiku, with Scott following, when he lost sight of her headlights in the Twin Falls area.

At the time, the 27-year-old Makawao resident was five months pregnant with a son fathered by Capobianco.

The jury returned the guilty verdicts in December 2016.

In March 2017, 2nd Circuit Judge Joseph Cardoza sentenced Capobianco to life in prison with the possibility of parole for murder plus 10 years for arson. Capobianco was ordered to serve the prison terms consecutively.

Capobianco, 30, is incarcerated at Saguaro Correctional Center in Eloy, Ariz.

The appeal was delayed while the court sought an attorney to handle the matter. After two other attorneys withdrew, Wailuku attorney Gerald Johnson was appointed and filed an opening brief in the appeal in May 2020.

In an April 6 order, the Intermediate Court of Appeals found there was sufficient evidence for jurors to convict Capobianco on both charges. The appeals court rejected allegations of prosecutorial and juror misconduct.

In May, Capobianco asked the Hawaii Supreme Court to review the appeals court decision, leading to the Supreme Court's denial Thursday.

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

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