LIHU‘E — A man accused of several felony sexual-assault charges and facing many years in prison was found not guilty in a seven-day jury trial that ended Wednesday. Kenneth O’Neil Brown Makanani, 30, of Lihu‘e, was found not guilty of
LIHU‘E — A man accused of several felony sexual-assault charges and facing many years in prison was found not guilty in a seven-day jury trial that ended Wednesday.
Kenneth O’Neil Brown Makanani, 30, of Lihu‘e, was found not guilty of all 13 counts. He was arrested Sept. 6, 2009, and charged with eight counts of first-degree sexual assault, two counts of attempted first-degree sexual assault, kidnapping, attempted second-degree sexual assault and third-degree sexual assault.
“It was obvious the jury looked at the facts presented and found reasonable doubt,” said Craig De Costa, Makanani’s attorney.
The jury deliberated around six hours before coming back with the verdict.
Lisa Arin, county deputy prosecuting attorney, represented the state.
De Costa said Arin made a plea-agreement offer on June 28, the first day of the trial devoted entirely to jury selection, but Makanani wanted to go to trial so rejected the offer.
The jury initially reached its not-guilty verdict on Tuesday, but when 5th Circuit Judge Randal Valenciano polled each juror individually a single juror indicated “no” when asked if she agreed with the verdict, so Valenciano sent the jury back into the jury room to continue deliberating.
In all his years of practice, De Costa said he had never seen that happen in a jury trial.
There was no such controversy when the jury returned Wednesday and unanimously found Makanani not guilty of all charges.
Valenciano immediately ordered Makanani discharged from Kaua‘i Community Correctional Center. The judge also ordered Makanani’s bail and bond refunded.
