Hilario trial continues with murder weapon testimony

LIHU‘E — Testimony in a first-degree murder trial in Fifth Circuit Court on Friday involved collecting evidence of possible gunshot residue and the discovery of the murder weapon by a diver in an Anahola inlet.

Vicente Kote Kapika Hilario is charged with the murder of Aureo Moore, 34, of Kapa‘a at Anahola Beach Park around 11 a.m. Dec. 17, 2010.

Ending the first week of testimony following four weeks of jury selection, Kaua‘i Police Sgt. Detective Bernard Purisima concluded his testimony with questions from the prosecution and defense.

County Deputy Prosecuting Attorney Melinda Mendes asked questions about the clothing items left behind in a possible trail of evidence.

A pair of denim shorts found along Kukuihale Road just off of Manai Road, were said to be flat, with the look of being run-over and dried out after having been rained on, he said. A white, long-sleeve jacket was found laying on a rock further up the same road, he added.

A T-shirt, a lighter and a homemade smoking pipe were all found together at another location, he said.

Court-appointed defense attorney Keith Shigetomi, representing Hilario, asked if Purisima was aware that the white jacket was a size XXL? The officer replied that he really didn’t know the size at the time.

Gun shot residue

Kaua‘i Police Detective Sgt. James Kurasaki recalled that he and another detective were sent to Wilcox Memorial Hospital Emergency Room, where the victim was being brought from the shooting scene by ambulance. Moore had not yet been identified and was alive.

Kurasaki said he questioned the attending medics and officers about whether the victim had regained consciousness or said anything during transport and the answer was that he had not.

At around 12:43 p.m. Kurasaki said Moore was moved from the ER to the Intensive Care Unit. He collected Moore’s clothing and other items in his possession as possible evidence along with fingerprints to help identify the victim.

At 1:56 p.m., Kurasaki said he reported back to the station to perform a gun shot residue test on David Manaku, who was suspected to be involved with the crime, and Hilario, who had by now been arrested in the case.

Both suspects had paper over their hands to protect any possible residue on their handcuffed hands. He explained that the sealed GSR kit contains gloves and vials to collect samples for the presence of possible contaminants in the air and testers gloves to accompany any samples from suspects hands.

At around 3:40 p.m. Kurasaki said the hospital staff called to inform him that the patient had died. He returned to the hospital to accompany the attending officer with the body to the morgue.

At around 7:10 p.m. he said there was a positive identification of Moore. He notified the victim’s father and brother.

A forensic pathologist was called in on Dec. 20 2010, to perform the autopsy, Kurasaki said. In the day following the murder, he recalled taking testimony from individuals involved in the case including Angie Nora Crawford.

In his cross-examination, Shigetomi asked the officer if the officers who placed the paper bags on the suspects hands were wearing gloves? The officer replied that he did not know.

Shigetomi asked if a DNA test would be more precise with microscopic samples of possible blood, perspiration or gunshot residue? The officer replied that he did not feel qualified to answer that question.

The murder weapon

Acting Assistant Chief Sherwin “Kaleo” Perez testified as the officer who located the alleged murder weapon. As the captain in charge of the patrol services division at the time of the murder, Perez said he is also a certified diver.

Perez testified that Assistant Chief Roy Asher had called him in on Dec. 20, 2010, to search a section of an inlet just south of the old Anahola lighthouse. It was identified as a possible location for the murder weapon from information reportedly provided by Manaku, according to testimony.

The 28-calibur handgun was spotted in clear water about 30 to 40 yards off of a rocky shoreline in three-to-six feet of water, he said. It took about 15 minutes of searching to find the gun, he added.

Perez said he waved to the other officers who were wading in shallower water to aid the search that he found something. They sent a photographer to take the photos before he retrieved the weapon.

The bullet clip, or magazine, was missing, he said, and so was the cloth “beanie” that it was said to have been wrapped in when thrown into the water.

Wearing diving gloves, Perez said he performed a safety check to ensure there was not a round in the chamber, and handed it over to officer Lucas Hamberg, who carried it to waiting detectives on shore.

Hamberg also testified Friday that he was wearing gloves and that all evidence procedures were followed.

Perez said he returned to the scene for an additional dive to continue searching for the magazine clip, beanie and any other evidence. Nothing else related to the crime was found, he said.

In his cross-examination, Shigetomi asked if this was the first time in his 28-year career that Perez was called to perform a dive for the police department. Yes, the officer replied.

The attorney also asked if then County Prosecuting Attorney Shaylene Iseri-Carvalho was present at the staging area that day. Yes, the officer said.

Mendes would redirect the same question asking Perez if it was unusual for a prosecuting attorney to be at a crime scene with police. They replied that the prosecutor is present as a consultant.

Kaua‘i Police Lt. Karen Kapua was questioned by Mendes regarding her role in the gun-point robbery of Moore Aug. 22, 2010, near a supermarket plaza in Waipouli.

She testified to the two empty prescription bottles and a flip phone taken into evidence from Moore at the time, noting there was residual fingerprint powder.

Shigetomi did not have any redirect questions.

The trial will resume on Monday morning at 8:30 a.m. with Chief Judge Randal Valenciano presiding.

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