LIHU‘E — Another change of events in the first-degree murder case of Vicente Kotekapika Hilario has temporarily taken the trial date off the court calendar. Chief Judge Randal Valenciano of the 5th Circuit Court ruled Thursday to allow the defense
LIHU‘E — Another change of events in the first-degree murder case of Vicente Kotekapika Hilario has temporarily taken the trial date off the court calendar.
Chief Judge Randal Valenciano of the 5th Circuit Court ruled Thursday to allow the defense and prosecution additional time to complete the discovery process. The Feb. 6 trial date was removed from the court calendar. Instead, a Feb. 7 status of discovery hearing will continue the process.
The delay is in part due to transcriptions from a key trial witness and a court hearing that is not yet complete. The discovery process was to be completed by Jan. 9, but technical and logistical issues with the transcripts were reportedly the main reason for the delay.
Hilario’s attorney, Keith Shigetomi, told the court that some of the transcription is complete but that more needs to be a. The time of the extension is charged to the defendant according to the rules for speedy and public trials.
Prosecuting Attorney Shaylene Iseri-Carvalho and First Deputy Prosecutor Jake Delaplane were present for the state and reportedly attempted to exclude the incomplete transcripts. They argued that the transcripts need to be checked against the actual video for accuracy before they can be used as evidence at the trial.
According to the prosecutors, Valenciano saw the validity of the prosecution’s concern with timeliness but noted the testimony is crucial to the defense. According to the Hawai‘i Rules of Penal Procedure, Valenciano ordered the “delay for good cause.”
The scheduling of the Feb. 7 status hearing will ensure that the transcripts are made available to the prosecution, and that there is adequate time to review them.
The prosecution also agreed to allow Shigetomi to confer with the Kaua‘i Police Department regarding other discovery matters.
The transcripts in question involved a court hearing on Sept. 19, 2011, in Valenciano’s court. The transcripts also involve videotaped testimony taken while the case was still in district court.
Hilario, 25, of Anahola is accused of fatally shooting Aureo Moore, 34, of Kapa‘a near Anahola Beach Park on Dec. 17, 2010. He is charged with first-degree murder, second-degree murder, retaliating against a witness, intimidating a witness and bribery of a witness.
• Tom LaVenture can be reached at 245-3681 (ext. 224) or tlaventure@ thegardenisland.com.
