LIHU‘E — A motion to dismiss a 2010 first-degree murder indictment for violating the right to speedy trial was denied Thursday in 5th Circuit Court. Chief Judge Randal Valenciano said there was no dispute with the defense or prosecution that
LIHU‘E — A motion to dismiss a 2010 first-degree murder indictment for violating the right to speedy trial was denied Thursday in 5th Circuit Court.
Chief Judge Randal Valenciano said there was no dispute with the defense or prosecution that 132 days were applied between the Dec. 17, 2010, arrest of defendant Vicente Kote Kapika Hilario and an April 28, 2012, hearing.
The remainder was not applied against the state for continuances that would benefit the defense according to Rule 48 of the Hawai‘i Rules of Penal Procedure.
Defense Attorney Keith Shigetomi had argued that the court required him to file an alibi motion in August when he felt it was not required. The state would file a series of motions against the alibi that resulted in continuances he felt should be assessed to the state.
After tabulating what he felt was another 137 days between hearings from April 27 through Dec. 20, Shigetomi said there was now more than 300 days that should be applied against the state. He said this is a violation of the defendant’s right of speedy trial.
County Deputy Prosecuting Attorneys Melinda Mendes and Ramsey Ross appeared for the state. They agreed the state had compiled 132 days prior to April, however, Mendes argued that the defendant’s waiver against right to speedy trial are still applicable since that time to the present day.
Valenciano said dispute hinged on a Feb. 7 hearing in which a new trial date was set for May 9.
It was to allow the defense time to have evidence analyzed and returned from a Mainland lab.
In the meantime, the summer calendar did not have a big enough window to accommodate a trial that could run four-to-six weeks.
The court was not available in June and a continuance until September came with the agreement of both the state and the defense, Valenciano said.
The hearings starting on Aug. 24 to discuss the alibi issue, along with discovery evidence and transcript requests from both sides of the case, resulted in the trial date moving to Jan. 7, 2013. This period up until the trial is not subject to Rule 48 and the waiver still applies, according to Valenciano.
Valenciano also denied a defense motion for Shigetomi to have a co-counsel in the case.
New case, old crime
In a separate hearing Thursday Hilario was arraigned on four firearms charges, along with second-and-third degree promotion of a dangerous drug charges. It is the result of a Dec. 12 grand jury indictment.
Defense attorney Warren Perry is representing Hilario in the new case. A trial date was set for April 15, 2013.
Bail was set at $55,000. A bail study was approved at the request of the defendant.
According to the Office of the Prosecuting Attorney, the indictment is for an August 2010 robbery that failed to hold charges via preliminary hearing at the time.
Hilario was arrested with two other suspects on Aug. 24 and 25, 2010, for the Aug. 22 armed robbery of Kapa‘a resident Aureo Moore at the Kaua‘i Village Shopping Center. He reported that $900 in cash, more than 150 tablets of oxycodone and more than 50 tablets of morphine were taken, as previously reported by TGI.
The charges were initially dismissed at an October 2010 preliminary hearing in 5th District Court. The charges were dismissed without prejudice, meaning that a case could be brought forward again against Hilario.
Moore, 34, was shot to death near Anahola Beach Park on Dec. 17, 2010.
Hilario, 25, of Anahola, is accused of shooting and killing Moore.
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.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
