LIHU‘E — Judge Randal Valenciano denied a request for a bail reduction for an Anahola man charged with assault, in Lihu‘e Circuit Court on Monday.
Moleni Koli, 38, is also facing unrelated weapons violations and a minor drug charge stemming from a 2021 Kawaihau district game room raid.
He was arrested on the new assault charge, which prosecutors say left the victim with broken bones, along with 46-year-old Hanama‘ulu man Albert Bactad last month. Bail for both defendants is set at $100,000.
At a Nov. 23 arraignment, Koli pleaded not guilty to the charge. Bactad is set to be arraigned Thursday.
Defense attorney Melinda Mendes fiercely argued for a lower bail for Koli on Monday — requesting it be lowered to $10,000. She also questioned the credibility of the victim, who named Koli in the assault, describing him as a career criminal.
“He tells the police initially that (Bactad) was responsible and some other guys,” said Mendes. “He repeatedly tells the police this for three days. All of a sudden he comes up with my client’s name.”
An individual with the same name as the victim, who we have elected not to identify due to privacy concerns, has previously served time for burglary and robbery.
“They have probable cause sure — because this career criminal named my client,” Mendes continued.
New Deputy Prosecuting Attorney David Seaver emphasized the severity of the crime on Monday, calling it “calculated” and “akin to a hit.”
“All of this happened while the defendant was pending counts for unlawful firearms and drug possession,” said Seaver.
Seaver also called attention to a past attempted murder charge against Koli, which was later downgraded to an assault charge, as a reason for maintaining the high bail.
Mendes objected to the mention of the attempted murder charge since it had been downgraded.
Frustrated with the back and forth, Valenciano snapped at the attorneys.
“You’ve been acting like children today. Stop it,” said Valenciano.
He said that bail would remain as set forth. Koli is tentatively set for a jury trial in the case on March 13, 2023.
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Guthrie Scrimgeour, reporter, can be reached at 808-647-0329 or gscrimgeour@thegardenisland.com.
Sounds like we got a new deputy prosecutor, who has a pair, and isn’t coddling down to the catch -and -release society. Thank you Mr. David Seaver !