LIHU‘E — Defense communications regarding forensic reports and an alibi witness were ordered to be produced at a hearing regarding the first-degree murder charges of Vicente Kotekapika Hilario. The defendant was notably absent from the hearing Tuesday in 5th Circuit
LIHU‘E — Defense communications regarding forensic reports and an alibi witness were ordered to be produced at a hearing regarding the first-degree murder charges of Vicente Kotekapika Hilario.
The defendant was notably absent from the hearing Tuesday in 5th Circuit Court. His request to not attend was granted at the previous hearing.
In his absence, Chief Judge Randal Valenciano denied a defense motion to reconsider the decision to make Kyler Hansen-Loo an alibi witness. The judge said that he would allow Hansen-Loo to testify but only under the provisions of alibi witness.
An alibi witness testifies to place the defendant in another location at the time of an alleged crime. Hansen-Loo is not an alibi, but is a witness to testify that he saw David Manaku shoot the victim, according to Defense attorney Keith Shigetomi.
Shigetomi said he had requested the alibi status when the deadline had passed, in order to motion the court to make Hansen-Loo a direct witness. The move was to prevent the state’s motion to block him from testifying altogether, he said.
Deputy Prosecuting Attorney John Murphy said the motion to reconsider was procedurally improper.
Valenciano also heard arguments on motions to compel discovery evidence from both the prosecution and the defense.
The OPA wanted a report and communications between the defense and Intermountain Forensic Laboratories, a Portland, Ore. lab that examined powder residue that was taken from Hilario’s hand the day of the shooting.
Shigetomi said he had not received a report. He argued against producing communications with the lab.
Valenciano ordered relevant documents to be produced for the court to conduct an inspection in chambers. The court would determine if any attorney-client privilege would be violated by ordering any documents as discovery evidence to the prosecution.
Delaplane stated that a subpoena to Intermountain may not be enforceable out of state. He said a court subpoena would be required.
Valenciano said the OPA could subpoena the lab and then make any appropriate motion to ask the court to compel the evidence based on the response.
The defense is also seeking to compel documentation related to the immunity agreement between state and witness Angienora Crawford.
Delaplane said the OPA would also be turning over any documentation and police interview evidence of Crawford and Manaku if and when it is made available to them.
The state is seeking an order to compel the defense to turn over documents believed to be part of a meeting between Shigetomi and Hansen-Loo. They also want communications and reports that were said to be compiled by Shigetomi’s investigator Brian Fujiuchi.
Hilario, 25, of Anahola, is accused of shooting and killing Kapa‘a resident Aureo Moore, 34, near Anahola Beach Park on Dec. 17, 2010. He is charged with first-degree murder and second-degree murder in the alternative, retaliating against a witness, intimidating a witness and bribery of a witness.
The jury trial is scheduled to start on Jan. 7, 2013. It expected to last four weeks.
