LIHU‘E — The first-degree murder trial of Vicente Kotekapika Hilario has been continued to Jan. 7, 2013. At a hearing Friday in 5th Circuit Court, Chief Judge Randal Valenciano denied prosecutor motions to prevent testimony of a witness who met
LIHU‘E — The first-degree murder trial of Vicente Kotekapika Hilario has been continued to Jan. 7, 2013.
At a hearing Friday in 5th Circuit Court, Chief Judge Randal Valenciano denied prosecutor motions to prevent testimony of a witness who met with a defense attorney outside the presence of a prosecutor.
Hilario, 25, of Anahola, is accused of shooting and killing Kapa‘a resident Aureo Moore, 34, near Anahola Beach Park on Dec. 17, 2010. He is charged with first-degree murder and second-degree murder in the alternative, retaliating against a witness, intimidating a witness and bribery of a witness.
The jury trial was set for Sept. 17. It is still expected to last four weeks for the new January date.
According to 5th Circuit hearing minutes, Defense attorney Keith Shigetomi told the court that he disagreed with the prosecutor’s motion to disqualify defense witness Kyler Hansen-Loo from testifying. He responded that no rule prohibits an attorney from speaking to a witness.
The court required Shigetomi to file a notice of alibi. The rule requires a defendant who intends to call an alibi witness at trial to identify the person and where they were at the time of the alleged offense.
Shigetomi said he felt the notice was not necessary, but filed it to ensure he could call the witness or use statements at trial if necessary.
He said Hansen-Loo is not an alibi, but is a witness to testify that he saw David Manaku shoot the victim.
The witness cannot say where he was at the time of the shooting, Shigetomi said.
County Prosecuting Attorney Shaylene Iseri-Carvalho argued that the notice of alibi was invalid because of filing deadlines.
However, she agreed with the court in allowing the notice to stand.
Valenciano agreed that the notice of alibi was not filed within the 21 days of pretrial motion deadlines. He allowed the notice to stand but set rules of procedure to move forward.
If this course of action is pursued then trial would not occur on Sept. 17, Valenciano said. He set a status of compliance to the notice of alibi rule that Iseri-Carvalho argued for Sept. 25.
Deputy Prosecuting Attorneys Jake Delaplane and John Murphy were also present for the state. They followed with a motion for an order preventing Hansen-Loo from testifying, or in the alternative disqualifying Shigetomi.
Delaplane stated that Hansen-Loo met with Hilario at Kaua‘i Community Correctional Center, followed by a 45 minute meeting with Shigetomi outside a Walmart. He played a video to show that Shigetomi provided a paper to Hansen-Loo.
Therefore, Shigetomi could be a witness, Delaplane said.
Shigetomi argued against the disqualification and said he was present at the meeting to ask questions for investigator Brian Fujiuchi, who was also reportedly present. Fujiuchi would testify that he was hired on behalf of the defendant, he said.
There is no rule or law that says an attorney cannot speak with a witness, Shigetomi said, and the prosecution is saying it is unfair because Hansen-Loo refused to talk to them.
Delaplane stated that during depositions Hansen-Loo refused to answer questions and that Shigetomi informed him of self-incrimination rights and said he impeded the state’s investigation. He asked that the defense provide the paper that was handed to Hansen-Loo.
Shigetomi said he was in his rights to assert those rights, and that he provided a copy of the paper at a chamber conference.
As for the motion to compel, he said Fujiuchi made one report that was provided to the state.
Valenciano found that Shigetomi is not a necessary witness and denied the motion for an order disqualifying Shigetomi or preventing Hansen-Loo from testifying.
A status hearing was scheduled for Sept. 25.
