INTERACTIVE |
SLIDESHOW From forged documents to a land-grab in Hawaii, the murder of an adventurous polo player uncovers secrets of a mysterious friend |
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So now there were three:
John Elwin: murdered.
Doug Ho: missing.
Arthur Young: missing.
And each of these three men had one essential thing in common, or rather, one person in common: Hank Jacinto.
Each one had entered into a business deal with Jacinto and then was heard from no more.
Now, in a Honolulu courtroom, Jacinto was being held to account. He was charged with nine felonies, from fraud to forgery.
Van Marter [prosecutor]: This case is going to be about identity theft and document fraud.
But not, however, murder. There was no physical evidence or eyewitness to connect Jacinto to that crime.
The jury would come to learn that fraud victim John Elwin, was dead, but not how he died -- executed along the side of a road.
Jacinto's lawyers were able to keep that out of the trial since it might prejudice the jury, they argued..
Several other pre-trial decisions fell Jacinto's way for that same reason.
At the request of the defense, the jury would not hear about Arthur Young or Douglas Ho, or about Jacinto's numerous aliases, or even that Jacinto had served federal prison time for bank fraud.
So when jurors looked across the courtroom on opening day, they did not see a convicted grifter with a trail of suspicious disappearances. They saw, instead, an industrious businessman who seemed caught up in a horrible misunderstanding.
Chris Van Marter prosecuted this case, however, as if there were more on the line than just money because if Jacinto was acquitted he'd be free to travel the world once again -- beyond the reach of suspicious FBI agents investigating Elwin's murder.
To make his fraud case, Van Marter flew in witnesses for just a few minutes of testimony from as far away as Florida and South Dakota.
Prosecutor: Who is the only one authorized to use that credit card?
Witness: John Elwin.Prosecutor: Would the Tackeria have charged John Elwin's credit card number if the Tackeria had known he had been dead for 3 weeks before the order was placed?
Witness: Absolutely not.
There were dozens of witnesses who testified about the numbers. There were bank transactions, cell phone records, credit card charges.
The lead detective on the case testified the deed giving Jacinto possession of Elwin's land was a fake.
Prosecutor: Based on your investigation ... did you conclude that exhibit two was a forged instrument?
Detective: Yes sir.
A travel agent testified that 10 days before his murder, John Elwin flew to the Philippines in coach -- and that Jacinto followed him there a week later flying first class.
Prosecutor: And Hank Jacinto put his first class ticket, $2,385.50 -- that all got put on John's credit card?
Travel Agent: Yes.
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Prosecutor: At any point did you have contact with a man by the name of Hank Jacinto?
Kirsten Flood: (tears up) Yes, I did.
Flood told of an upsetting call she had with Jacinto six weeks after Elwin's disappearance.
Flood: He told me that John had women pregnant in, like, southeast Asia somewhere.
Elwin's old friend -- and executor of his estate -- Luis Soltren, testified about one of his early phone calls with Jacinto.
Soltren: I ask, "Why the hell is the property under your name? Why does it say, 'Hank Jacinto is owner of this property?'" and he says, "Oh, no way. And I says, "It's under your name." and he says, "Oh, maybe my lawyer did it."
In and out of court, Jacinto's team was more offense than defense. Claiming that if this property deed is a fake then Jacinto, not Elwin, is the victim.
They alleged Elwin had borrowed hundreds of thousands of dollars from Jacinto who ended up with a forged and worthless property deed as collateral.
And the defense implied Elwin was a crooked businessman, who used offshore bank accounts and a safe in his paint store to cheat on his taxes.
Defense attorney: Was that money that was reported to the government for tax purposes?
Luis Soltren: John handled that. I couldn't answer that.
And the defense attacked Elwin personally, letting it be known that Elwin had cheated on his girlfriend Kirsten. It was a charge which Elwin's friends could not deny.
And the defense implied Elwin's friends were in over their heads, incapable of understanding the complicated business deals between Jacinto and Elwin.
(courtroom)
Defense attorney: Do you folks own any property jointly?
Kirsten Flood: No.
Defense attorney: Do you folks have any joint bank accounts?
Kirsten Flood: No.
Defense attorney: How about any joint investments?
Kirsten Flood: No.
Defense attorney: OK.
Jacinto chose not to testify in his own defense -- or talk to us on camera.
So, whose case would the jury believe? The state's: that Hank Jacinto methodically stole Elwin's land and money, or the defense: that Elwin, desperate for funds to invest in his polo club, swindled his old polo partner?
It took the jury just under two days to reach its verdict.
Guilty on eight of the nine counts, bringing a minimum of 20 years in prison.
But for prosecutor Chris Van Marter the case is far from over. Investigations continue into the disappearances of Doug Ho and Arthur Young, and the murder of John Elwin.
Van Marter: We're not through. We have several agencies that are assisting us in the homicide investigation. There are law enforcement officials in the Philippines right now working on that part of the investigation.
And they tell us their leads point to Hank Jacinto.
Police officer: Yes. We consider him a suspect in our investigation.
Keith Morrison: So you actually have a chance at solving this case?
Police officer: Yes.
Jacinto denies he had anything to do with Elwin's murder. As far as Doug Ho and Arthur Young are concerned, Jacinto has told worried relatives that both those men have married and settled down in the Philippines in areas too remote for phone service.
And Jacinto's friend Bob Miller tells us that the Philippines can be a violent destination for travelers who let down their guard.
And while Luis Soltren's part of the investigation is finally over, he won't be able to let go, he says, until Elwin's killers stand trial.
What brings him peace, though, is knowing his dear friend -- once lost -- is finally back home in Kauai.
Luis Soltren: Where he was loved, you know? Where we can visit him. (crying) And, you know, just have him.
The FBI is now involved in the investigation. Hank Jacinto is due to be sentenced for the fraud conviction at the end of this month.
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