Murder trial winding down Murder trial winding down (January 16, 2004)

Key question is whether suspect intended to rob Blockbuster store

By Julie O'Shea

The fate of Michael McGrath, who has admitted to the 2001 stabbing death of a Mountain View Blockbuster clerk, will be in the hands of a Santa Clara County Court judge by next week.

If McGrath, 29, is found guilty of killing 33-year-old Carlos Mirikitani while committing a robbery, he could face life in prison without the possibility of parole. Defense attorney David Epps is trying to convince the judge that his client had no intention of robbing the Grant Road Blockbuster on the night of Sept. 19, 2001. A second-degree murder conviction, which Epps is hoping for, means McGrath could potentially be set free after serving 15 to 25 years.

With prosecutors from the Santa Clara County District Attorney's office having rested its case last week, Epps said he plans to call just one more witness to the stand on Jan. 21. Lawyers could give their closing statements as early as Wednesday afternoon and the judge, who will hand down the final verdict on the two-year-old crime, could get the case by the end of that day.

Epps said an East Bay physician knowledgeable about the use of methamphetamine will testify next week about the affects the illegal drug can have on a person's mind. Epps said his client had been strung out on the drug during the September 2001 incident. Mirikitani, a Hawaii native, had been stabbed multiple times and bled to death.

"This case is so severe that nothing less than the maximum sentence is sufficient," county prosecutor Cameron Bowman said.

A surveillance camera caught the early morning stabbing on tape shortly before McGrath exited the video store with a fist full of cash, according to initial police reports. It is unclear what exactly made him become unhinged.

Epps said McGrath had discussed the idea of robbing the Blockbuster with his friend, an employee at the video store. However, Epps said, McGrath had no intention of robbing the store that particular night.

But Bowman said there is "very strong evidence" to the contrary, pointing out that McGrath had been "caught red-handed on videotape."

McGrath was escorted out of the store at 1040 Grant Road by his friend, who had been working the closing shift that night and was the sole witness.

This "cold-blooded and calculated" crime had "quite a bit of preparation and planning," Bowman said, noting that McGrath had showed up with a weapon that he intended to use if someone got in his way.

Epps said McGrath is remorseful for what he's done but has not yet called Mirikitani's family to express his sympathy. Epps said he advised his client not to do so for legal reasons.

"We tried to settle this case ahead of time," Epps said, but the district attorney's office didn't want an out-of-court settlement.

E-mail Julie O'Shea at joshea@mv-voice.com

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