LIHU‘E — Attorneys involved in a first-degree murder trial starting next week argued over motions Thursday to help determine what evidence and testimony can be excluded in 5th Circuit Court. The defendant, Vicente Kote Kapika Hilario, was present in court
LIHU‘E — Attorneys involved in a first-degree murder trial starting next week argued over motions Thursday to help determine what evidence and testimony can be excluded in 5th Circuit Court.
The defendant, Vicente Kote Kapika Hilario, was present in court with his defense attorney Keith Shigetomi.
Chief Judge Randal Valenciano said that without a stipulation of facts between parties, he was not inclined to grant the state’s motion to require the defense to show proof in order to prevent the prosecution from playing a tape recording of the late Aureo Moore to the jury.
The tape relates to Moore’s testimony as a victim and witness to an Aug. 22, 2010, robbery at the Kaua‘i Village Shopping Center.
County Deputy Prosecuting Attorneys Melinda Mendes and Ramsey Ross appeared for the state. They said the tape would be used to show motive for the murder of Moore, 34, who was shot to death near Anahola Beach Park on Dec. 17, 2010.
Hilario, 25, of Anahola, was arrested in the robbery and accused of being the driver of the vehicle, according to Mendes. The charges were dismissed at an October 2010 preliminary hearing in 5th District Court.
Moore had been scheduled to testify the following week in a trial against one of the men accused of robbing him, according to Mendes in court. Hilario is charged with the first-degree murder of Moore, and second-degree murder in the alternative, retaliating against a witness, intimidating a witness and bribery of a witness.
Shigetomi said the testimony of Moore is irrelevant to the murder case. He pointed out that the grand jury dropped the robbery charge when it indicted Hilario for firearms and drug charges in a separate case.
Valenciano said that in the absence of stipulated facts he would allow the taped testimony of Moore and at least one other witness to be played for the jury. He said the court would exercise discretion of the relevance to motive and that the parties may address redacting parts of the 46-page testimony prior to trial.
Valenciano made clarifications regarding attorney arguments and rules for presenting evidence in the state’s second motion. In the state’s third motion, the judge addressed witness exclusion and further rules of evidence issues.
The court then addressed defense motions and Valenciano clarified rules pertaining to the defendant’s decision to testify. He said statements regarding the defendant’s background must pertain to credibility or be excluded.
The court would create a summary of facts in the case, Valenciano said.
The trial could run from four-to-six weeks.
The first two weeks alone will be to select a 12-member jury with four alternates from a 150 person jury pool.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
