LIHU‘E — A judge denied motions for acquittal of a charge and for a new trial in a first-degree murder case Thursday in 5th Circuit Court. Chief Judge Randal Valenciano said the rights of Vicente Kotekapika Hilario were not violated
LIHU‘E — A judge denied motions for acquittal of a charge and for a new trial in a first-degree murder case Thursday in 5th Circuit Court.
Chief Judge Randal Valenciano said the rights of Vicente Kotekapika Hilario were not violated during his three-month trial, and that a lesser charge in the indictment is not subject for dismissal.
A 5th Circuit jury found Hilario guilty of first-degree murder on March 8. He is convicted of shooting 34-year-old Aureo Eric Moore at Anahola Beach Park on Dec. 17, 2010.
The jury had the option of finding Hilario guilty of second-degree murder in the alternative. He was also found guilty of retaliating against a witness, intimidating a witness and bribery of a witness.
Hilario, 26, of Anahola, is scheduled for sentencing on June 13. He is being held without bail and faces a possible sentence of life in prison without parole.
Court-appointed defense attorney Keith Shigetomi said the motion for a new trial was based on jury selection questioning that essentially excluded Hilario from participating in his own trial. The questioning of individual jurors was conducted at the bench, without allowing the defendant to hear replies or view the non-verbal communication and mannerisms, he said.
County Deputy Prosecuting Attorney Melinda Mendes said the defendant was present in the courtroom for proceedings and counsel was allowed to break to discuss matters with Hilario at any time. There were no violations of Hilario’s rights, she said.
The second matter in the new trial motion was a potential juror who was not disqualified by the court. The person works for the Department of Education, according to Valenciano in court, and admitted during questioning that at time of the murder, Hilario’s juvenile school records were reviewed on personal initiative.
That is implied bias, Shigetomi said. There were medical files that would have required Hilario’s permission as an adult. The prospective juror was also acquainted with Hilario’s relatives, he added.
Valenciano denied the motion. He said the decision of the court not to excuse the potential juror, was partly for their demeanor and repeated statements regarding fairness and impartiality.
Shigetomi said the second motion was to dismiss count four of the indictment, a charge of intimidating a witness. There was not sufficient evidence to prove the charge, and the prosecutor’s own statements in the closing arguments confirmed this, he said.
Intimidating a witness is to threaten or influence the testimony of a person, or induce them to absent themselves from testifying. The felony charge carries a possible five-year prison term, and Mendes said the charge was a back up in the event the jury did not convict Hilario of murder.
Valenciano said count four is not subject for dismissal but is an issue for merger with another charge to be handled at sentencing. This would allow parties to submit position arguments prior to the hearing.
An appeal of the entire case is possible, but Shigetomi said the process cannot be considered until after sentencing.
Hilario is being held at Kaua‘i Community Correctional Center.
• Tom LaVenture, staff writer, can be reached at 245-0424 or tlaventure@thegardenisland.com.
