Brown trial pushed back after attorney fired

Defendant faces murder charge in disappearance of ex-girlfriend

WAILUKU — The longanticipated trial for Bernard Brown, who was charged with murder in the disappearance of his former girlfriend, has been pushed back after Brown fired his attorney.

The trial was supposed to begin Nov. 29, but 2nd Circuit Judge Peter Cahill granted a motion for withdrawal of counsel for Brown on Thursday.

“Mr. Brown has fired me as his attorney,” said defense attorney Gerald Johnson in court Thursday morning, noting there was no hope in reconciliation but that he had tried his best.

Cahill said he was granting the motion but added that there are “consequences to the action.”

He told Brown that 300 to 400 people were pooled for jury duty and schedule adjustments were made to accommodate the case.

“This is something we can’t just do repeatedly,” Cahill said of the large jury pool. “It takes weeks to do that.”

He added that it is difficult to find attorneys as Brown is facing a serious charge and that the court may have to look on Oahu for an attorney.

Cahill questioned Brown if he or his family would be willing to or able to hire their own attorney, to which Brown said “no.”

The judge told Brown that it is his choice if he wanted another attorney but noted Johnson’s work on the case. Johnson “filed every motion I could think of,” for Brown, Cahill said.

Cahill set a return date of 8 a.m. Dec. 9 for an appearance of new counsel for Brown.

Brown, 50, has pleaded not guilty to second-degree murder of ex-girlfriend Moreira “Mo” Monsalve, who was last seen the night of Jan. 12, 2014, at his apartment at Iao Parkside in Wailuku. The 46-year-old mother of three was reported missing two days later.

Family members, friends and co-workers described a “volatile relationship” between Brown and Monsalve.

Brown was indicted on the murder charge in September 2019, more than five years after Monsalve’s disappearance.

He was arrested in Sacramento, California and brought back to Maui. After the indictment was dismissed without prejudice in December, he was reindicted on the charge by another grand jury.

Cahill said he had placed Brown’s trial ahead of others noting the two years since Brown’s initial indictment and the seriousness of the charge.

He added that the COVID19 pandemic has also backed up cases in courtrooms.

Deputy Prosecutor J.W. Hupp told the court that he has multiple witnesses that had been scheduled to come to Maui for the November trial, but that he will now have to reschedule with them.