LIHU‘E — It will likely be at least one more week before a jury is seated in the first-degree murder trial of Vicente Kote Kapika Hilario in 5th Circuit Court. A fourth panel began screening Monday for the jury that
LIHU‘E — It will likely be at least one more week before a jury is seated in the first-degree murder trial of Vicente Kote Kapika Hilario in 5th Circuit Court.
A fourth panel began screening Monday for the jury that will ultimately be comprised of 12-members and four alternates. If the selection is completed this week, opening statements could start next week in a trial that is expected to last at least one month.
The case started the jury selection process on Jan. 7 with a pool of 75 jurors, followed by a second pool on Jan. 14, and a third on Jan. 22. The fourth pool on Monday brings the total number of juror candidates to 300.
Mark Zenger, a local attorney, said he has practiced on Kaua‘i since 1984 and has never seen a trial that’s gone through so many perspective jurors.
“I have never seen anything like this,” Zenger said. “I can guarantee that, at least since 1984, this is an all-time record.”
Zenger, who is not connected with the trial, said there are a couple of things that happen when trying to get a jury for a big case on a small island. He said the notoriety of the case and the potential length of the trial all serve to scare people off the jury.
When the potential jurors are told that the trial may last for two months or more, Zenger said many people find a reason not to serve because they have jobs, families or just don’t want to do it.
“Any trial that lasts for months will always a problem getting a jury,” he said.
Add to that the notoriety the case received — with the initial gun-point robbery in Waipouli and then a daylight shooting in Anahola Beach Park — Zenger said that many people have read about it or know someone involved in the case, whether it’s one of the dozens of potential witnesses or the defendant himself. That could exclude them from serving on the jury.
Fifth Circuit Chief Judge Randal Valenciano is presiding over the case, and defense attorney Keith Shigetomi is representing Hilario. He is a court-appointed private attorney from Honolulu, who was appointed because many of the private attorneys on Kaua‘i had conflicts of interests with the witnesses as well.
County Deputy Prosecuting Attorneys Melinda Mendes and Ramsey Ross are representing the state of Hawai‘i in the case.
Hilario is charged with the first-degree murder of Aureo Moore, a 34 year-old Kapa‘a man, at Anahola Beach Park on Dec. 17, 2010.
He is also charged with second-degree murder (in the alternative to the first-degree murder charge), retaliating against a witness, intimidating a witness and bribery of a witness.
