LIHU‘E — In what could be the final hearing before the first-degree murder trial of Vicente Kotekapika Hilario in January, four remaining motions were settled Thursday in 5th Circuit Court. Hilario was not present for the hearing. His request to
LIHU‘E — In what could be the final hearing before the first-degree murder trial of Vicente Kotekapika Hilario in January, four remaining motions were settled Thursday in 5th Circuit Court.
Hilario was not present for the hearing. His request to not attend hearings until the trial started was granted in August. The jury trial is scheduled to start on Jan. 7, 2013 and is expected to last four to eight weeks.
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.
Chief Judge Randal Valenciano denied the state’s motion for a court order preventing Hilario from presenting alibi evidence at trial. The evidence is the testimony of Kyler Hansen-Loo, an alibi witness who, according to previous hearings, will not testify that Hilario was in a different location, but that he witnessed David Manaku shoot the victim.
County Deputy Prosecuting Attorney John Murphy argued that the defense exhibit presents information that places Hilario either at his Anahola home or in the vicinity of a soccer field across the street. Murphy stated that the field is also in the vicinity of the murder scene and that the information provided is insufficient to satisfy the rule requiring disclosure of the defendant’s specific location.
Murphy further argued that the witnesses cited by defense attorney Keith Shigetomi to establish Hilario’s alibi, are actually the state’s witnesses that would provide testimony establishing Hilario’s guilt.
Shigetomi argued that the issue of alibi evidence would be for the jury to decide at trial. The court agreed that it would not attempt to control what a witness says prior to the trial.
In the second motion, the court granted the state’s request for a firm deposition date to interview David Kawaihalau-Manaku in November. He will be represented by witness attorney Guy Matsunaga.
Shigetomi’s motion to compel discovery regarding Manaku’s immunity proffer order was granted. The prosecutor’s office has already produced the paperwork but apparently both Matsunaga and Shigetomi have copies that require additional signatures.
The final motion was a defense request to enforce the order granting a previous motion to compel discovery evidence. The prosecution said there was a procedural issue with providing copies of transcripts that they are required to purchase from the court.
Shigetomi reiterated that the order was for the prosecution and defense to share transcript copies with one another. The court agreed that the copies should be sent prior to Nov. 2.
Valenciano met with Shigetomi and First Deputy Prosecuting Attorney Jake Delaplane in chambers after the hearing.
Assistant Chief Roy Asher of the Kaua‘i Police Department commented briefly on the Hilario investigation and its role with the prosecution of the case. He is in charge of the Investigative Services Bureau and was also at the time of the alleged crime.
Asher said the police and the prosecution have built a solid case over two years. He said there is a complete account of everything that transpired and that he is relieved to see it finally come to trial.
“I am somewhat surprised that this case is going to trial,” Asher said. “I am confident that we will win, but in my experience this is surprising that it is going to trial.”
Asher said cases where evidence is strong do not usually go to trial and the defendant accepts a plea deal. A dozen or more officers may offer testimony in this trial, he added.
“There is no apprehension on my part in taking this to trial, none at all,” he said.
On Nov. 6, voters will decide if County Prosecuting Attorney Shaylene Iseri-Carvalho or County Deputy Attorney Justin Kollar will be elected to lead the OPA.
With regards to the Hilario trial, Asher said “continuity is always good and for the obvious reasons,” but he said that by no means would police not cooperate with new prosecutors in the trial.
“We are all looking for justice,” he said.
In a statement after the hearing, Iseri-Carvalho said this is the first time a first-degree murder case for killing a witness will go to trial in 5th Circuit Court.
“Over the past two years, trial experts, forensics specialists, investigators and additional staff have worked tirelessly to bring this complicated and groundbreaking case to trial,” Iseri-Carvalho said. “It is important for the community to be assured that the prosecutor is familiar with the investigation and has the expertise and knowledge to prosecute it successfully.”
Her opponent running for County Prosecuting Attorney is Kollar. He said that if elected, there will be continuity of staff to help with the transition.
“On December 1, we will be ready to hit the ground running,” Kollar said.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
