The defense counsel for a 43-year-old man accused of fatally stabbing his mother was allowed by a judge to introduce into evidence Tuesday — over objection by the prosecution — that the victim had an active restraining order against two of the state’s witnesses.
In the second-degree murder trial of Sean Rutledge, attorney Brian De Lima introduced into evidence a temporary restraining order obtained on March 3, 2014, by Nadean Rutledge against Lloyd Robertson and his wife, Melynda “Mindy” Robertson, who lived two doors down from Nadean Rutledge.
The naked body of Nadine Rutledge, a 63-year-old information officer for the former Wai‘opae Tide Pools, was found Aug. 25, 2015, under a blanket in a side yard of her Kapoho Vacationland subdivision home, which was inundated earlier this year by lava from Kilauea’s lower East Rift Zone eruption. The woman’s body had numerous stab wounds.
Sean Rutledge, who’d been the subject of a police manhunt, was taken into custody the following morning by officers who spotted him walking on the shoulder of Highway 130 toward Pahoa from the direction of Keaau.
De Lima told the judge, without the jury present, allegations made by Nadean Rutledge include that Lloyd Robertson threatened her with a screwdriver.
“In her application for the restraining order, she indicated that she had her dogs with her, and he indicated that he would catch her the next time, when the dogs weren’t around,” De Lima said. “And then there’s an allegation against (Melynda) Robertson for harassment.”
Hilo Circuit Judge Henry Nakamoto allowed the restraining order, including the allegations by Nadean Rutledge against the Robertsons, to be brought into evidence.
De Lima cross-examined Melynda Robertson in the jury’s presence and brought up the subject of the restraining order.
“This order for protection was in effect at the time of August 25th of 2015. Isn’t that correct?” De Lima asked.
“Yes,” Robertson replied.
“… One of the major reasons that (Nadean) Rutledge believed there was a concern and problems between the two of you … stemmed from discharge of sewage into the (Wai‘opae) tidal pools. Isn’t that correct? That was the allegation,” De Lima said.
“Yes, I guess,” Robertson answered.
“Well, you were there at the trial, and that was brought up. Isn’t that correct?” De Lima asked.
“Yes,” Robertson responded.
Email John Burnett at jburnett@hawaiitribune-herald.com.
