Change of prosecutor in 2010 Anahola murder case

LIHU‘E — An unexpected hearing in the upcoming first-degree murder trial of Vicente Kotekapika Hilario Thursday revealed a change in lead prosecutor for the two-year-old case.

County Deputy Prosecuting Attorney Melinda Mendes informed the court that she would be the lead prosecutor in the Hilario case with the transition of her office to Prosecuting Attorney-elect Justin Kollar on Monday.

Second Deputy Prosecutor Jake Delaplane, who was not in court, has been the lead attorney on the case since day one, and was at the crime scene on Dec. 17, 2010. He is departing with outgoing Prosecuting Attorney Shaylene Iseri-Carvalho, who lost her bid for re-election this month.

Deputy Prosecuting Attorney John Murphy has also been with the case since its beginning. He will remain with the OPA but will no longer work on the Hilario case.

Another surprise during Thursday’s hearing was Hilario’s appearance in court.

Hilario, 25, of Anahola, is accused of shooting and killing Kapa‘a resident Aureo Moore, 34, near Anahola Beach Park on Dec. 17, 2010. 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.

Hilario, who is currently staying at the Kaua‘i Community Correctional Center, made a brief appearance. He was about to be brought into the courtroom at the start of the hearing, but the court honored his August motion not to attend hearings prior to the trial.

The bailiff presented the Chief Judge Randal Valenciano with a note at the conclusion of the hearing, which said Hilario wished to return and address the court. He was brought back, which is contrary to the defendant’s motion, Valenciano said, before informing Hilario of what had transpired in the hearing.

Valenciano reminded the defendant that the proceedings are recorded. He said it would be preferable for the defendant speak with his attorney first before addressing the court.

Hilario insisted, and went on to say that he did not appreciate being brought to back to court after the judge approved his request in August not to attend hearings that did not require his attendance prior to the start of his trial on Jan. 7.

Hilario kept a civil tone but was clearly agitated as he complained about continually being brought to court for the hearings despite the court’s approval of his request. He also complained that his defense attorney, Keith Shigetomi, who appeared via telephone, has not been in contact with him despite his requests.

The judge asked Shigetomi to contact the defendant regarding his requests. The attorney agreed that he would follow through and contact Hilario.

The jury trial is scheduled to start on Jan. 7, 2013 and is expected to last four to eight weeks.

Thursday’s hearing

Thursday’s hearing was to consider the prosecutor’s motion filed Monday to secure the attendance of David Kawaihalau-Manaku, a material witness by court order. The second part of the motion was for the court to order out-of-state material witness Angienora Crawford to appear.

Kawaihalau-Manaku’s witness attorney Guy Matsunaga appeared via telephone.

Nelson Goo is serving as the witness attorney for Crawford.

Valenciano canceled the deposition scheduled Friday for prosecutors and attorneys to interview Kawaihalau-Manaku.

Mendes appeared for the state and asked the court to allow her to withdraw the motion that was filed by previous attorneys.

Mendes said the witnesses are being cooperative and that the orders would not be necessary.

Kyler Hansen-Loo, who is to be an alibi witness for Hilario, and the subject of recent hearings, was not part of the proceedings on Thursday. His witness attorney is Michael Soong.

Valenciano said the motion was irregular and asked the prosecutor to file a formal withdrawal.

Shigetomi did not object to the state withdrawing the motion after the prosecution and the court confirmed that the deposition was canceled and is not being rescheduled.

• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.