LIHU‘E — David Manaku concluded his testimony Tuesday after three days of intense cross-examination in 5th Circuit Court, where he admitted he lied to police and also testified that he saw the defendant, Vicente Kote Kapika Hilario, 26, shoot Aureo Moore, 34, in broad daylight at Anahola Beach Park on Dec. 17, 2010.
Manaku also added yesterday that Hilario was wearing gloves when he shot Moore. In prior testimony,
Hilario is charged with first-degree murder, along with second-degree murder in the alternative, retaliating against a witness, intimidating a witness and bribery of a witness.
Manaku said in court yesterday that he moved off of Kaua‘i for the first time in his life shortly after his status changed from a suspect to a witness to the murder. He first moved to the Big Island, and then to the Mainland, because it was the only place he could go where people didn’t seek him out about the trial.
Shigetomi: immunity should have been pulled
Keith Shigetomi, the court-appointed defense attorney for the defendant, continued questioning Manaku about his follow-up interview with police on April 14, 2012. There were major discrepancies between Manaku’s statement then and when he was interviewed four times shortly after the shooting.
The changes came after police or prosecutors informed Manaku that Jens Kyler Hansen-Loo had named him as the shooter. Manaku said he admitted to previously lying to protect himself and his “best friend’s little brother — Hansen-Loo.”
Once Hansen-Loo named him the shooter, Manaku said there was no need to protect him any longer, and that he understood now that by withholding the information that made both himself and Hansen-Loo suspects in the crime.
Manaku then changed his story — instead of seeing Hilario come walking down Manai Road to the crime scene, Manaku testified that he actually saw Hilario appear through the trails from the Anahola lighthouse area.
Manaku said for the first time Tuesday that Hilario was wearing gloves when he shot Moore. In the past interviews with police, and even in testimony over the past few days, he had never been able to recollect definitively whether he was wearing gloves or not.
But, pressed by Shigetomi yesterday, Manaku said that Hilario was, in fact, wearing gloves.
Shigetomi said that Manaku’s continued untruths were not “clarifications” as the prosecutors said, but were outright lies in violation of the immunity agreement Manaku signed with prosecutors.
Despite that, Manaku’s status as a witness — and not a suspect — was maintained, he added.
Manaku said he was informed that his lies did place his immunity deal into question. But he signed a revised immunity agreement with incoming Prosecuting Attorney Justin Kollar in December, and another granted by the court when the trial began.
The new agreement added conditions that charges can be filed against Manaku if he commits perjury, false statements or an offense in a violation of the agreement.
Prior to the revised immunity agreement, Manaku was not even required to maintain contact with the Kaua‘i Police Department or county prosecutors, Shigetomi said. However, Manaku did maintain contact and returned to the island when requested for a deposition that was canceled.
Manaku’s drug use
Shigetomi spent a good part of the morning on the omission of illicit drug use in the police interviews. Manaku admitted to marijuana use and “trying oxycodone on occasion,” but did not admit his cocaine use.
Explaining the lies, Manaku said he also didn’t trust the police at the time and felt that any information would be used against him. His family had had run-ins with the law regarding their homes, he said, and started when he was a 5-year-old boy who watched his parents get arrested as part of the Anahola Beach Park dwelling eviction on July 11, 1991.
Redirect testimony: Hilario shot Moore
In her redirect, county Deputy Prosecuting Attorney Melinda Mendes asked Manaku if he had expressed concern for his safety to police.
“Yes,” Manaku replied.
Mendes asked Manaku why he had expressed concern about possible gunshot residue on his hands if he had not shot Moore. He said it was from shooting the same pistol in target practice the previous Sunday.
Mendes asked Hilario, “did you shoot Aureo Moore?”
“No ma’am,” Manaku said.
“Who did?” she added.
“Vicente Hilario,” he said.
At the conclusion of the hearing, there was a bench conference and Manaku was asked to wait outside the courtroom as three other witnesses were ordered back the following day. He was never officially released from testimony and could be called back to testify again.
Chief Judge Randal Valenciano recited the Tachibana rights to Hilario, which informs him that he has the right to testify on his own behalf. If he chooses not to testify, the judge said he would inform the jury not to hold this against the defendant.
Hilario asked if he would need to inform the court of his decision prior to the prosecution resting its case. The judge replied that he would need to make his decision prior to the defense resting its case.
The court would remind the defendant again at various points of the trial, Valenciano added.
Testimony continues with other witnesses today and Friday. There is no trial hearing on Thursday.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
