Orlando Ganal

Case record: Orlando Ganal

Timeline

• February 15, 1991 — Orlando Ganal Sr. injured his back while working at his job at Young Laundry.
• early April 1991 — Orlando Ganal Sr. began calling David (a co-worker at Mabel’s part-time job), at times friendly and at others threatening David and his family with violence.
• August 24, 1991 — Mabel testified she was at Orlando Ganal Sr.’s home to pick up Jun Jun, quarrelled with him, and he pointed a gun at her, then pointed it at his own head as if to shoot himself; Mabel convinced him not to shoot himself, got the gun, and he later threatened to kill both Mabel and Jun Jun.
• August 25, 1991 — Orlando Ganal Sr. shot and killed Aradina Dela Cruz and Santiago Dela Cruz at the Dela Cruz house in Waipahu; Orlando Ganal Sr. shot Jun Jun; Orlando Ganal Sr. set the Touchettes’ Kailua home on fire, killing Joshua and Kalah Touchette by thermal burns and smoke inhalation; Michael Touchette died later as a result of complications related to severe burns over eighty percent of his body.
• August 25, 1991 — Young Laundry premises were set on fire on the second floor.
• August 26, 1991 (early morning) — Orlando Ganal Sr. was arrested at his home after Honolulu police officers Robert Burns and George Clark followed his license plate and recognized him.
• 6:40 a.m. (after the arrest time on the early morning following August 25, 1991) — Detective Vernon Santos arrived at the scene of the arrest and sought Orlando Ganal Sr.’s cooperation to fill out an Honolulu Police Department Consent to Search form for his truck.
• August 30, 1991 — Justin Daite saw and retrieved a gun and a sledgehammer lying on the ocean bottom in approximately three to five feet of water at Mokuleia and turned the articles over to police.
• August 29, 1991 — A grand jury returned a five-count indictment against Orlando Ganal Sr.
• January 15, 1992 — Orlando Ganal Sr. filed a motion for a bill of particulars for, among other things, the felony which formed the basis of the use of the firearm charge in Count III; the motion was granted and the prosecution alleged the felony involved was Terroristic Threatening in the First Degree.
• February 7, 1992 — Orlando Ganal Sr. filed a Motion to Dismiss Count V for Insufficient Evidence and a Motion to Suppress Evidence secured from his truck; both motions were denied.
• February 19, 1992 — Orlando Ganal Sr. filed a motion to dismiss Count II for violation of HRS § 701-109; the motion was denied.
• March 1, 1993 — Trial began.
• April 7, 1993 — The jury returned a verdict of guilty of all counts.
• April 23, 1993 — Orlando Ganal Sr. filed another motion to dismiss Count II for a violation of HRS § 701-109, arguing Counts I and II merged for purposes of sentencing; leave was granted to orally modify the motion to include double jeopardy at the hearing and the motion was denied.
• July 1, 1993 — Judgment was entered, and a timely appeal followed.
• September 23, 1991 — Michael Touchette died as a result of complications related to severe burns over eighty percent of his body.
• 5/8/1996 — State v. Ganal 5/8/1996 Opinion of the Court BY MOON, C.J. was issued.

Background

Orlando Ganal Sr. worked at Young Laundry. On February 15, 1991, he injured his back while working at his job and became unable to work. He had difficulty obtaining workers’ compensation, and he became despondent.

At roughly the same time, his wife, Mabel, began having an affair with David, a co-worker at her part-time job. Orlando Ganal Sr. became suspicious of Mabel’s affair, and through investigation he eventually confirmed his suspicions.

In early April 1991, as the marriage began to deteriorate, Orlando Ganal Sr. began calling David. At times he was friendly; at other times he threatened David and his family with violence.

Mabel left Orlando Ganal Sr. to live with her parents, Aradina and Santiago Dela Cruz. Orlando Ganal Jr. (“Jun Jun”), Orlando Ganal Sr.’s and Mabel’s son, continued to live with Orlando Ganal Sr.

The offence

Events prior to August 25, 1991

Orlando Ganal Sr. testified at trial that he blacked out after his phone conversation with Mabel during the evening of August 25, 1991. He next remembered waking up the next morning perspiring in his truck at a beach in Makaha. He took off his clothes and his watch, left the key in the ignition, and went into the water dressed only in his underwear. He later testified that while he was in the water, someone stole his clothes, and when he attempted to give chase he cut his heel on a sharp object in the water. Unable to pursue the thieves, he drove home. While he drove home, police were already aware of events that had transpired at the Dela Cruz house, the Touchettes’ house, and the Young Laundry premises.

The night of August 25, 1991

The Dela Cruz house in Waipahu

Approximately 7:00 p.m. on August 25, 1991, Jun Jun’s girlfriend dropped Jun Jun off at the Dela Cruz house. Mabel told Jun Jun that she wanted him to go to his father. When Jun Jun called to ask Orlando Ganal Sr. to pick him up, Jun Jun and Orlando Ganal Sr. began to argue. Mabel called Orlando Ganal Sr. to apologize for Jun Jun, but Orlando Ganal Sr. swore at her, accusing her of turning Jun Jun against him. Mabel, Jun Jun, and the Dela Cruzes ate dinner, watched television, and went to sleep.

Mabel testified that on the night of August 25, 1991 she was sleeping on a couch at her parents’ house when she awoke to the sound of the front door being forced open. She looked up, saw a silver-colored gun, and was shot along the side of her head. She managed to crawl to her brother’s room and then to her father’s room, but the doors to both rooms were locked. Meanwhile, the intruder was kicking and punching her, and she was unable to see who it was. Her father awoke, came out of his room, and tried to stop the intruder, but the intruder shot him.

Jun Jun testified that he was sleeping on the floor next to the television in the Dela Cruzes’ living room when he awoke to the sound of his mother yelling his name. He opened his eyes and saw Orlando Ganal Sr. in the light from the balcony. Orlando Ganal Sr. then shot Jun Jun in the mouth. Jun Jun managed to elude Orlando Ganal Sr. and ran downstairs to a neighbor’s home. Jun Jun noted that Orlando Ganal Sr. was wearing blue jeans.

Diego Dela Cruz testified that he was asleep in his room when he was awakened by the sound of gunshots and heard Mabel screaming in the living room. Fearing for his family’s safety, Diego immediately knocked out his bedroom jalousies and helped his wife and child climb outside. As they crouched outside, Diego heard pounding on his bedroom door and then the sound of his father moaning in the hallway. When he climbed back inside, Diego found his mother bent over a sofa, dead, and his father sliding down the stairway, covered with blood and moaning.

Aradina Dela Cruz died as a result of seven gunshot wounds. Santiago Dela Cruz died as a result of multiple internal injuries caused by three gunshot wounds.

Rosemary Nishimura testified that at approximately 11:00 p.m. she heard a loud noise, like a pipe falling on cement, followed by six shots. She looked out toward the Dela Cruz house and saw a man in dark clothing who appeared to be reloading a gun.

Ven Malapit testified that he heard the noises and gunshots, looked out his garage window, and saw a man, possibly Filipino, holding a gun and dressed in dark clothes, run towards a dark-colored Chevrolet truck with a lighter-colored tailgate and drive away.

The Touchette house in Kailua

Barbara Fitzpatrick testified that on the night of August 25, 1991 she heard the sound of glass breaking, followed by a small explosion. She looked out to see a Filipino or local man, wearing a dark jacket and jeans, carrying an object and walking very fast toward a dark gray or blue truck. The man put the object in the truck bed, got into the truck, and drove away quickly. Fitzpatrick then noticed a fire in the Touchettes’ house. Neighbors Gary Guillermo and Clayt Kobashigawa corroborated Fitzpatrick’s testimony.

Wendy Touchette testified that on the same night, she, her husband, and their two children were getting ready for bed when they received a phone call. Michael answered the phone and said "hello" a few times, but no one responded. Michael, Wendy, and the two children were all sleeping in the main bedroom when Wendy awoke to the sound of Michael screaming. Wendy saw Michael on fire. Michael was saying, "He was here, he's here, he was here." Wendy said, "What?" and Michael said, "Orlando," and "Get out."

Soon thereafter Wendy was also on fire. She tried unsuccessfully to get to the bathroom for some water, but the fire was too hot. Michael and Wendy struggled to get out of the house but could not open the front door because it was somehow locked from the outside. Wendy eventually managed to reach the kitchen door, where someone pulled her out.

Joshua and Kalah Touchette died of thermal burns and smoke inhalation at the scene. Michael died later, on September 23, 1991, as a result of complications related to severe burns over eighty percent of his body. Wendy was severely burned over approximately forty percent of her body and suffered scarring over much of her face.

Fire investigator Glen Solem testified at trial that the fire at the Touchette house was intentionally started with a liquid accelerant, probably gasoline. Solem further testified that based on the burn patterns and the patterns of broken glass on the floors, it appeared that two fires had been started separately in the living room and the bedroom from gasoline being thrown into the house.

Young Laundry premises

Young Laundry’s night watchman, Suesue Faamamalu, testified that he was on his patrol of the Young Laundry premises at approximately 12:00 midnight on August 25, 1991, when he discovered a fire burning on the second floor of the building.

Young Laundry’s manager, Michael Drace, testified at the grand jury proceedings that the Young Laundry plant operated twenty-four hours a day and that there were people working in the plant at all hours. Drace further testified that the sprinkler system extinguished the fire.

Fire Investigator Warner Pukini testified at trial that his investigation indicated that the fire was intentionally set with a combustible liquid. The burn patterns suggested that the combustible liquid was poured towards the back exit, where they found a gas can suspected to contain the accelerant.

Ganal, Mabel, Jun Jun, and Ganal’s tenant, Charles Robinson, identified the gas can found at the Young Laundry premises as being similar to one that Ganal kept in his tool shed at home. After Ganal’s arrest, a police search of Ganal’s home, garage, and tool shed produced no gas can.

Investigation

HPD Detective Charles Davis testified that marks on the door panel to the Dela Cruz house, which had been forcibly broken into on the night of the homicides, were consistent with the use of a sledgehammer like the one found at Mokuleia.

The gun found at Mokuleia matched four empty shell casings and a bullet recovered from the Dela Cruz house, an empty shell casing recovered from the road in front of the Touchette home, and the empty shell casing found in Ganal’s truck.

Fire Investigator Glen Solem testified regarding intentional arson using a liquid accelerant, probably gasoline.

Fire Investigator Warner Pukini testified regarding the Young Laundry fire being intentionally set with a combustible liquid, with burn patterns suggesting gasoline poured toward the back exit and a suspected accelerant gas can found there.

Arrest

Honolulu police officers Robert Burns and George Clark recognized Ganal’s license plate number and followed him. Once Ganal arrived at his home, he began to exit his truck to open the gate to his driveway, at which point officers Burns and Clark shouted to Ganal to stop and put his hands up.

The officers testified that upon approaching Ganal with their guns drawn, they could not see Ganal’s left hand because he kept it in the truck at all times. Fearing for their safety, the officers instructed Ganal to lie face down on the ground, but Ganal would not comply. Burns and Clark moved in closer and grabbed Ganal’s left hand. Ganal resisted by yelling, kicking, and swinging his arms, refusing to be placed in a prone position.

The officers swept Ganal’s feet out from under him, placed him in handcuffs, and informed him that he was under arrest for murder. During the scuffle, Ganal suffered bruises on his face, arms, and rib area as well as a broken nose. Both officers denied hitting Ganal or seeing anyone else hit him.

At approximately 6:40 a.m., Detective Vernon Santos arrived. By that time, Ganal had been moved to a blue-and-white police vehicle. Detective Santos informed Ganal that he was investigating a murder and that a shooting had occurred at Ganal’s mother-in-law’s house. Santos sought to obtain Ganal’s cooperation in filling out an Honolulu Police Department Consent to Search form (Form 393 or consent form) for Ganal’s truck.

Detective Santos testified that Ganal appeared calm and indicated he could read, write, and understand English. Detective Santos read through Form 393 to inform Ganal of his rights and asked for his consent to search his truck. Ganal indicated he understood his rights, read the form for some time, appeared to understand it, and signed it.

Ganal testified that when the police told him to put his hands up and get on the ground, he complied. After the police handcuffed his hands behind his back, they started kicking him on his ribs, thighs, elbows, and arms, and threatened to "break face." Ganal also claimed that Officer Burns pounded his head into the ground.

Ganal asserted that he signed the consent form because Detective Santos told him that, if he did not sign the form, "they going make it hard for me." Ganal further stated that he did not realize Detective Santos was asking for his permission to search the truck and that he thought that by saying "make it hard," Detective Santos meant that the officers would "beat him up again" if he did not cooperate. Ganal admitted Detective Santos allowed him to read the consent form but denied that Detective Santos read the form to him.

The search of Ganal’s truck revealed one spent shell, which was subsequently determined to match shells recovered at the Dela Cruz and Touchette houses.

Trial

Charges in the indictment

On August 29, 1991, a grand jury returned a five-count indictment against Orlando Ganal, Sr.:

• Count I — On or about August 25, 1991, in the City and County of Honolulu, State of Hawaii, Orlando Ganal, Sr. did intentionally or knowingly cause the death of more than one person in the same or separate incident, thereby committing the offense of Murder in the First Degree, in violation of Sections 707-701(1)(a) and 706-656 of the Hawaii Revised Statutes.
• Count II — On or about August 25, 1991, in the City and County of Honolulu, State of Hawaii, Orlando Ganal, Sr. did intentionally commit an act which constituted a substantial step in a course of conduct intended or known to cause the death of more than one person in the same or separate incident, thereby committing the offense of Attempted Murder in the First Degree, in violation of Sections 705-500, 707-701(1)(a) and 706-656 of the Hawaii Revised Statutes.
• Count III — On or about August 24, 1991, in the City and County of Honolulu, State of Hawaii, Orlando Ganal, Sr. did knowingly possess or intentionally use or threaten to use a firearm while engaged in the commission of a felony, whether the firearm was loaded or not, and whether operable or not, thereby committing the offense of Possession, Use or Threat to Use a Firearm in the Commission of a Felony, in violation of Section 134-6(a) and (d) of the Hawaii Revised Statutes.
• Count IV — On or about May 1, 1991 to and including July 10, 1991, in the City and County of Honolulu, State of Hawaii, Orlando Ganal, Sr. threatened, by word or conduct to cause bodily injury to David Touchette, by threatening David Touchette on more than one occasion for the same or similar purpose, in reckless disregard of the risk of terrorizing said David Touchette, thereby committing the offense of Terroristic Threatening in the First Degree, in violation of Section 707-716(1)(a) of the Hawaii Revised Statutes.
• Count V — On or about August 26, 1991, in the City and County of Honolulu, State of Hawaii, Orlando Ganal, Sr. did intentionally damage property, and thereby recklessly placed another person in danger of death or bodily injury, thereby committing the offense of Criminal Property Damage in the First Degree, in violation of Section 708-820 of the Hawaii Revised Statutes.

Motions and rulings

On January 15, 1992, Ganal filed a motion for a bill of particulars for, among other things, the felony which formed the basis of the use of the firearm charge in Count III. The motion was granted, and the prosecution responded by alleging that the felony involved was Terroristic Threatening in the First Degree.

On February 7, 1992, Ganal filed a Motion to Dismiss Count V for Insufficient Evidence and a Motion to Suppress Evidence secured from his truck. Both motions were denied.

On February 19, 1992, Ganal filed a motion to dismiss Count II for violation of HRS § 701-109, and the motion was denied.

On April 23, 1993, Ganal filed another motion to dismiss Count II for a violation of HRS § 701-109, arguing that Counts I and II merged for purposes of sentencing. He was granted leave to orally modify the motion to include double jeopardy at the hearing, and the motion was denied.

Trial testimony and evidence

The record included testimony regarding:

• Aradina Dela Cruz dying as a result of seven gunshot wounds.
• Santiago Dela Cruz dying as a result of multiple internal injuries caused by three gunshot wounds.
• Mabel being shot along the side of her head.
• Jun Jun being shot in the mouth.
• Thermal burns and smoke inhalation causing the deaths of Joshua and Kalah Touchette at the scene.
• Michael dying later on September 23, 1991 from complications related to severe burns over eighty percent of his body.
• Wendy being severely burned over approximately forty percent of her body and suffering scarring over much of her face.
• Fire investigator Glen Solem testifying the Touchette house fire was intentionally started with a liquid accelerant, probably gasoline, and that two fires appeared to have been started separately in the living room and bedroom.
• Fire investigator Warner Pukini testifying the Young Laundry fire was intentionally set with a combustible liquid, with burn patterns suggesting gasoline poured towards the back exit and a suspected gas can found there.
• Detective Charles Davis testifying that door panel marks at the Dela Cruz house were consistent with use of a sledgehammer like the one found at Mokuleia.
• Detective Charles Davis describing that the gun found at Mokuleia matched four empty shell casings and a bullet recovered from the Dela Cruz house, an empty shell casing recovered from the road in front of the Touchette home, and the empty shell casing found in Ganal’s truck.
• Search of Ganal’s truck revealing one spent shell matching shells recovered at the Dela Cruz and Touchette houses.

Sentencing

The jury returned a verdict of guilty of all counts on April 7, 1993, and judgment was entered on July 1, 1993. The status reflected a sentence of life in prison on April 7, 1993.

Appeals

Orlando Ganal Sr. appealed the judgment, guilty conviction, and sentence. The appeal challenged convictions and sentences for:

1. the attempted first degree murder of his estranged wife, Mabel Ganal (Mabel);
2. the attempted first degree murder of Michael Touchette (Michael), the brother of Mabel’s lover;
3. the attempted first degree murder of Michael’s wife, Wendy Touchette (Wendy);
4. the first degree murder of Ganal’s mother- and father-in-law, Aradina and Santiago Dela Cruz;
5. the first degree murder of Michael and Wendy’s infant children, Joshua and Kalah Touchette;
6. the use of a firearm in the commission of a felony;
7. the first degree terroristic threatening of Mabel’s lover, David Touchette (David);
8. the criminal property damage of the premises of his employer, Young Laundry.

Ganal argued that:

1. the prosecution did not present sufficient evidence to establish probable cause that he committed first degree property damage at Young Laundry;
2. the trial court improperly denied his motion to suppress evidence found in his truck;
3. the trial court improperly denied his motion to dismiss the use of a firearm count;
4. he was deprived of a fair trial because of allegedly improper statements made by the prosecutor and/or his own outbursts in court;
5. the trial court erroneously denied his motion to dismiss the attempted first degree murder count because attempt is an included offense under Hawai'i Revised Statutes (HRS) § 701-109 (1993).

Outcome

The appellate court reversed Ganal’s conviction and sentence as to Counts II and III of the indictment and affirmed Ganal’s convictions and sentences on all other Counts.

Other details

Orlando Ganal Jr. continued to live with Orlando Ganal Sr. after Mabel moved to live with the Dela Cruzes.

Mabel testified at trial about the August 24, 1991 quarrel, including that Orlando Ganal Sr. pointed a gun at Mabel, pointed the gun at his own head as if to shoot himself, and later threatened to kill both Mabel and Jun Jun when Jun Jun was summoned to help her.

On August 30, 1991, Justin Daite saw and retrieved a gun and sledgehammer lying on the ocean bottom in approximately three to five feet of water in Mokuleia and turned the articles over to police. Police searched surrounding shrubs and found a pair of white Reebok shoes, grey socks, a black vinyl jacket with an empty bottle in the pocket, a pair of jeans, a maroon belt, and another empty brown bottle. Officers found a BMW key ring and some loose change in the jeans’ pockets and a letter from the Hawai'i State Department of Education addressed to the parents of Orlando Ganal, Jr. Written on the back of the envelope of the letter was Jun Jun's girlfriend's address. Jun Jun’s girlfriend testified that she had given Ganal the address over the telephone on August 24, 1991. Mabel identified the BMW key ring retrieved from Mokuleia as belonging to her and the shoes and belt found at Mokuleia as belonging to Ganal. Jun Jun identified the black jacket recovered from Mokuleia as Ganal’s.