LIHU‘E — The prosecution rested on Monday, in its first-degree murder case against Vicente Kote Kapika Hilario in 5th Circuit Court. Near the end of the day, Chief Judge Randal Valenciano asked Hilario if he would testify. It was the
LIHU‘E — The prosecution rested on Monday, in its first-degree murder case against Vicente Kote Kapika Hilario in 5th Circuit Court.
Near the end of the day, Chief Judge Randal Valenciano asked Hilario if he would testify. It was the third time he reminded Hilario of his right to testify without the jury holding it against him.
After approximately a minute of silence, Valenciano added that the reason the court wanted an answer at this point was that it would affect the way the remainder of the trial would proceed. Two defense witnesses had already testified, he said.
After nearly another minute, and with court-appointed defense attorney Keith Shigetomi standing silent and looking straight ahead, Hilario said, “I, I think would like to.”
Hilario, 26, is accused of shooting Aureo Moore, 34, at Anahola Beach Park shortly before 11 a.m. on Dec. 17, 2010. He would die three hours later.
Shigetomi questioned Hilario briefly about the alleged armed robbery of Moore at Kaua‘i Village Shopping Center on Aug. 21, 2010.
Hilario’s testimony will continued today at 8:30 a.m.
Earlier in the day the defense started its case with its first witness, Walena Kamana, 24, who was living at Lorraine Rapozo’s home near Anahola Beach at the time of the murder. She testified to returning home with her two young children to pick up a stroller before meeting her boyfriend Joseph Rapozo Jr. in Lihu‘e.
Hilario, who she said is the godfather of her son, was in the yard and asked her for a ride to a friend’s home. She said they drove past the Anahola Beach Park entrance, where a man was lying on his stomach and appeared to have blood around his head.
Kamana cried under cross-examination from Deputy Prosecutor Melinda Mendes, who asked her why she didn’t stop to help the man.
Kamana said “Vinney” just said to keep driving.
After driving along a road leading to Kukuihale, and to where several foundations were poured for new housing near the beach and trails, she said Hilario asked her to drop him off right there.
Mendes asked Kamana why would Hilario want to be dropped off in the middle of nowhere.
Kamana said she did not know. She drove on to Lihu‘e and said she learned later of the shooting and regretted not calling 911 or stopping to aid the victim.
Mendes asked if in the two years since the murder, Kamana had ever called police or made any type of report.
“No,” said Kamana, adding that she only told her boyfriend and Rapozo at the time.
“Are you here today to help your friend Vinney?” Mendes asked.
Kamana would not answer the question after Shigetomi’s objection was sustained by the court.
Shigetomi’s second witness was Jens Kyler Hansen-Loo, who testified that he witnessed David Manaku shoot Moore, and that Hilario was not present at the scene. The testimony is in direct contrast to Manaku’s testimony under court immunity, which accused Hilario of pulling the trigger.
Hansen-Loo said that on the day of the murder he was watching TV in his elder brother Joseph’s apartment in Anahola. Manaku, who lived with Joseph, appeared with Hilario and the three talked about going netting in Anahola.
Hansen-Loo testified that Hilario was wearing a white T-shirt and that Manaku was wearing the black jacket and a beanie. They got into Hilario’s car and went toward Anahola beach park.
Hilario dropped Hansen-Loo and Manaku off near the crime scene, and he drove toward his grandmother’s home, Hansen-Loo said.
Hansen-Loo said he sat down and waited, thinking they were supposed to wait for Hilario to come back, and the three of them would go netting. He said they weren’t smoking pot, contrary to Manaku’s testimony.
Hansen-Loo said he didn’t think anything of a car door slamming nearby minutes later. Then, Manaku pulled down his face mask, unveiled a handgun, and headed over to the guardrail, he said.
Hansen-Loo said Manaku shot Moore under the tree four times, and then walked up to him and fired two more shots to his head.
Hansen-Loo said he didn’t know what to think and was in shock. He darted up the road until he saw a trail and kept running, wanting to get away from the scene.
Looking back, Hansen-Loo saw Manaku was following and that the two headed to the spot they were to go fishing. Along the way, he said Manaku put the gun into the beanie and tossed them into the inlet where it was later found.
They kept running along the beach trails, Hansen-Loo said, and to his surprise they encountered Hilario on the trail near where they were to go netting.
Under cross examination, Mendes asked Hansen-Loo if Hilario had his uncle’s truck or the nets or any fishing gear with him. Hansen-Loo said “no.”
Without recalling what he said to Hilario, he said Manaku told Hilario, “‘I aced that guy’,” Hansen-Loo said.
Shigetomi asked Hansen-Loo how Hilario reacted.
“He looked surprised,” Hansen-Loo said.
The three kept running and reached the flat area on the trail. Hansen-Loo said he and Hilario decided to split from Manaku, as the sounds of sirens and the sight of helicopters made it apparent that the situation was very serious.
Manaku had just shot somebody, Hansen-Loo said. Hilario told Hansen-Loo to give Manaku his cell phone and that they would call if they could help.
After emerging from the trail, Hansen-Loo said they made it to the house of one of Hilario’s cousin, where Hilario changed clothes and called his uncle, Joseph Rapozo Sr., to come get them. He recalled being dropped off at the general store before Hilario, Joseph Rapozo Sr. and a young female passenger returned to Lorraine Rapozo’s home, he said.
The police brought Hansen-Loo in for questioning on Dec. 17, when Hansen-Loo said he made up a story about not being present or involved in any way. On the following day, he said the police was very upset about his testimony and that they conducted a second interview.
Kaua‘i Police Department Detective Sgt. James Miller testified Monday. He had completed his testimony earlier in the morning.
Miller referred to the Dec. 18 questioning as unusual, adding that Hansen-Loo was laying on the floor, staring at an old picture of himself and talking about a movie he saw the previous night.
Under cross-examination, Mendes said the movie in question, “Blood In, Blood Out,” was about gang loyalty and having to kill someone to either enter or leave a gang. She asked Hansen-Loo if this was his loyalty to Hilario.
“I don’t think that is the truth,” Hansen-Loo replied.
Claiming that he was not offered an attorney when he requested one during police questioning, Hansen-Loo said although the police treated him well at the first meeting, he did not trust them after the second meeting, and refused to speak to them again.
He said the prosecutors, of the previous administration working on the case, threatened him and that he refused to testify at deposition.
Hansen-Loo said he went to see Hilario at Kaua‘i Community Correctional Center, and said Hilario put him in touch with someone to help him to tell his story. The trial is the first time that he has told his story, he said.
Mendes asked Hansen-Loo if Hilario told him what to say.
Hansen-Loo said, “no.”
• Tom LaVenture, staff writer, can be reached at 245-0424 or tlaventure@thegardenisland.com.
