LIHU’E – Gregory Aguiar, the Ele`ele man charged with murder and reckless endangerment in the burning death of his wife in March, has another trial date. Circuit Court Judge Clifford Nakea moved back the starting date for Aguiar’s trial to
LIHU’E – Gregory Aguiar, the Ele`ele man charged with murder and reckless
endangerment in the burning death of his wife in March, has another trial
date.
Circuit Court Judge Clifford Nakea moved back the starting date for
Aguiar’s trial to Dec. 4. Aguiar, 49, had been slated to go to trial Oct.
30.
The issue of Aguiar’s mental competence came up again yesterday. His
attorney, Peter Kea, sought a ruling on whether Aguiar was fit to proceed.
Nakea promised to make that decision within a week.
Kea, a former Kaua`i
County prosecutor, also sought a legal decision concerning Aguiar’s mental
state six months ago, after Aguiar allegedly poured lighter fluid on his
spouse, Miu Lan Esposo-Aguiar, 39, and then set her afire. She died 19 days
later from her injuries.
But Nakea said there would be no ruling on
Aguiar’s mental state at the time of the offense.
“We’re going to leave
that up to the jury,” Nakea said.
Kaua`i County Prosecuting Attorney Mike
Soong told the court that Aguiar’s Oct. 30 trial date had to be moved back
because the defense filed a motion for a mental evaluation.
During his
trial, the prosecution and the defense are expected to present medical
testimony on Aguiar’s mental state at the time of the murder.
Aguiar
remains in custody at Kaua`i Community Correctional Center, where he’s been
since March.