LIHU‘E — A hearing will decide whether the statements of a witness in a first-degree murder case are protected from self-incrimination — or are admissible and can be compelled by the prosecution. Chief Judge Randal Valenciano of the 5th Circuit
LIHU‘E — A hearing will decide whether the statements of a witness in a first-degree murder case are protected from self-incrimination — or are admissible and can be compelled by the prosecution.
Chief Judge Randal Valenciano of the 5th Circuit on Tuesday continued a motion from the county Office of the Prosecuting Attorney, that is requesting an order compelling discovery evidence from counsel representing Vincente Kotekapika Hilario.
Hilario, 25, of Anahola, is accused of the shooting death of 34-year-old Aureo Moore near Anahola Beach Park on Dec. 17, 2010.
He is charged with first-degree murder, second-degree murder, retaliating against a witness, intimidating a witness and bribery of a witness.
County First Deputy County Attorney Jake Delaplane and Deputy Prosecuting Attorney John Murphy said in court that a witness, Kyler Hansen Loo, allegedly spoke to Hilario’s defense counsel in a public place away from the deposition ordered last month. Loo was not in court.
Valenciano granted prosecutor motions for depositions of witnesses in May, after concerns were presented regarding the presence of three witnesses at trial: Loo, Angienora Crawford and David Manaku. The depositions were held at Kaua‘i Community Correctional Center to allow the presence of the defendant who is in custody.
Defense attorney Keith Shigetomi, speaking from O‘ahu by phone Tuesday, said Loo’s has his right to protect himself against self-incrimination.
Murphy said the witness does have that right. However, he said that right was waived when Loo volunteered his statements to the defense attorney and his investigator.
The judge ordered a July 17 status hearing to decide on Loo’s statements. He appointed attorney Michael Soong as defense counsel for Loo, and that the prosecution make relevant documents available.
Admissible witness testimony in the Hilario case so far comes from police interviews and the depositions.
A status hearing is scheduled for Aug. 21, with jury trial beginning on Sept. 17. The trial is expected to last four weeks.
