LIHU‘E — Against the recommendation of the court, Vicente Hilario agreed Thursday to represent himself in his upcoming murder trial.
This comes after attorney Bentley Adams III withdrew from two cases involving Hilario this week, citing a “breakdown in attorney-client relationship.”
He is the second attorney to drop Hilario’s case in the past year.
Hilario, 36, appeared in Lihu‘e courthouse on Thursday, where he was given the option of postponing his November trial to allow the court to find him a new attorney — or acting as his own lawyer.
Hilario remained set on the November trial date.
“They’re only bad options, but I want to go to trial November 7th,” said Hilario.
Hilario faces charges of murder in the first and second degree, retaliating against a witness, intimidating a witness and bribery for the 2010 killing of Aureo Moore.
In March 2013, Hilario was convicted of the killing, for which he was later sentenced to life in prison.
Prosecutors alleged Hilario bribed a woman with pills to arrange a meeting with Moore at Anahola Beach Park, where he shot him six times.
Moore was set to testify against Hilario and his friend Kyle Akau in a stick-up drug robbery that took place in the parking lot of the Safeway supermarket in Kaua‘i Village Shopping Center in Waipouli earlier that year.
Hilario has maintained that he is innocent, testifying that his friend David Manaku shot Moore without his knowledge or consent.
Hilario’s conviction was remanded for a new trial in 2017 when the Intermediate Court of Appeals ruled his right to meaningfully participate in his defense had been impeded because his request to approach the bench during jury selection for his original trial was denied.
The case has been slowly marching to a new trial since that time.
Both Cirtuic Court Chief Judge Randal Valenciano and prosecutors expressed reservations on Thursday about Hilario representing himself.
“It could be detrimental to you to self-represent if you’re not familiar with the process,” Valenciano informed the defendant.
Valenciano questioned the defendant on his mental state, and other factors related to his ability to represent himself.
“I understand what’s going on,” said Hilario.
Prosecutor Matthew Arakawa submitted a motion in opposition to Hilario’s request to represent himself, and informed the defendant he would have to submit several court orders that his previous attorneys had failed to file.
“It’s my responsibility to clean up after these lawyers?” asked Hilario.“That’s interesting, but OK.”
He is also responsible for covering the transportation of one witness from O‘ahu, and obtaining audio-visual equipment used to play testimony from the previous trial.
Valenciano ultimately allowed Hilario to go forward with representing himself, but said he would give him the option to reconsider at a Nov. 3 status update.
He said the court would try to get a lawyer to act as a standby council to assist Hilario during the trial, but couldn’t guarantee one would be found on short notice.
“Whatever happens, I’m comfortable — as much as one can be — to go to trial on November 7th and represent myself,” said Hilario. “I want to go to trial as soon as possible.”
Hilario’s self-representation began immediately, as he personally questioned two testifiers brought forward by the prosecution related to two trial witnesses being unavailable.
His trial, originally set to begin Nov. 7, was rescheduled for Nov. 14 due to scheduling issues, Valenciano said Thursday.
Hilario faces an additional case in February for the Safeway robbery.
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Guthrie Scrimgeour, reporter, can be reached at 808-647-0329 or gscrimgeour@thegardenisland.com.
