Hare Krishna’s brother looks for killer

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Hare Krishna’s brother looks for killer

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Man on the case of brother's killing for 27 years

By MICHAEL HILL

Associated Press Writer

 

August 12, 2006, 8:24 AM EDT

 

SARATOGA SPRINGS, N.Y. -- Eric Mausert was stabbed in the heart on a Honolulu

street at age 28. A suspect in the killing was placed in custody, the bloody

weapon was recovered and witnesses were identified.

 

An open-and-shut case, insists Kurt Mausert, the victim's brother and a

veteran criminal lawyer.

 

 

 

 

 

Yet after 27 years, it has been anything but.

 

The suspect was released days after the killing and promptly disappeared. The

case went into limbo. Mausert and his brother have lobbied aggressively _

prosecutors say too aggressively _ to have the case pursued. Prosecutors began

taking a fresh look at the 1979 killing after Mausert told them he located the

long-lost suspect in the Philippines. But Mausert is still frustrated, still

waiting for a conviction in his older brother's death.

 

"This isn't how it should be," Mausert, 49, said in his law office overlooking

this resort town's main street. "My brother was murdered and his killer is

free. This isn't how it should be."

 

Eric Mausert was a Hare Krishna in Honolulu with a job indexing Sanskrit texts

when he was killed Feb. 22, 1979. He and another man were accompanying a young

couple from the temple to the airport and stopped at the home of the woman's

family. Her family apparently disapproved of her involvement with Hare

Krishnas. There was an argument that spilled outside as the woman walked back

to the car, where Eric was waiting.

 

Eric heard screaming, got out of the car, raised his arms and asked what was

happening when he was stabbed by a Filipino man, according to a contemporary

police report. His heart was punctured. Eric's friend from the temple looked

at the gushing wound and said to the dying man: "This is it. You better think

of Krishna."

 

The woman's brother, Juvenal Andrada Llaneza, was jailed after stabbing, but

released after 48 hours. Mausert believes Llaneza was released because his

father, who worked at the Philippines embassy, had political connections. He

said Llaneza hopped on a plane to his home country.

 

Honolulu's current prosecuting attorney Peter Carlisle, who was not involved

in the 1979 case, bristles at the accusation. He said Llaneza could not be

held beyond 48 hours without probable cause he committed a specific offense,

in this case murder. He said filing a quick manslaughter charge to hold a

suspect could induce him to quickly plead, securing a lesser sentence.

 

"I can't say that I know all the facts," Carlisle said, "but I know enough

about how the procedures work so that I can piece together that at least the

initial problem was that they thought they had a murder on their hands and

they didn't have the evidence to prove it. And they were under a deadline of

48 hours."

 

Carlisle said there was clearly something "factually difficult about the

case," though he didn't know if it was an exculpatory witness or something

else.

 

Whatever the reason, Llaneza's absence effectively halted prosecution after he

was indicted for manslaughter in June 1979. The Philippines had no extradition

treaty with the United States.

 

The trauma of the unresolved killing nudged Mausert toward a career in

criminal justice. He wanted to make things right. He went to law school and

prosecuted criminal cases in New Hampshire before switching to defense work at

Saratoga Springs. He took self-defense training to learn what to do during,

say, a knife attack.

 

But as he raised a family and established a practice, the killing shadowed

him. His father died of a heart attack when he was 11 and he always looked up

to Eric. He still keeps a picture of his brother looking contemplative with

his robe, shaved head and a garland around his neck. Even before the killing,

Mausert followed Eric's path and became a Hare Krishna. Maybe if he had been

in Hawaii, things would have worked out differently. He was, after all, more

of a realist than his brother. Four or five times a month, he'd talk to his

brother in his dreams.

 

"In my dreams I'd say 'This isn't right, you're dead. He'd say 'No, that's a

dream. This is reality."'

 

Mausert would wake up in tears.

 

The grief was laced with anger. Both Mausert and his surviving brother Mark

harbor as much _ or more _ animosity against the prosecutor who let Llaneza go

as their brother's killer. Mark Mausert, an attorney in Reno, Nev., is

particularly scathing. "Watching a prosecutor behave like a dissembling street

whore is never very pleasant," Mark Mausert wrote in a recent letter to

Hawaiian authorities.

 

This has complicated the brothers' longtime efforts to lobby prosecutors

halfway across the Pacific. County prosecutors last November transferred the

case to the Hawaii attorney general's cold case unit, citing a threat from

Mark Mausert in a 1991 letter. More recently, state prosecutors have cut off

communication with the brothers, saying Mark Mausert made verbal threats. Mark

Mausert denies making threats.

 

The brothers see the calls and letters as the only way to move the case along.

 

 

Mausert, for instance, found out last year that the United States has had an

extradition treaty with the Philippines since 1996. Then he Googled Llaneza's

name and came up with a hit in the Philippines. He told prosecutors they had

their suspect and the legal means to get him.

 

The wheels finally seemed to be turning again when the AG's cold case unit

began a review. But months later, Mausert still waits for an answer on whether

the case will be prosecuted.

 

The Hawaii state attorney general's office did not return calls from The

Associated Press. But the office wrote Mausert in July saying the passage of

time "has taken its toll on the evidence and thus requires time and effort to

uncover and evaluate."

 

This leaves Mausert not all that far from where he was in 1979: hoping

prosecutors will make a move. He seeks help from federal officials, the press,

anyone who might help. New York Sen. Charles Schumer, saying "it's long past

the time when the Mausert family should find justice for their brother," has

promised to do what he can.

 

Eric Mausert has been dead for almost as long as he was alive. Mausert is

aware that the odds on his long fight for a conviction grow longer with the

years, but he shrugs it off.

 

"I'll stop when I die," he said. "It's not in my nature to stop."