Victim’s son outraged
Kauhi gets new trial

City Prosecutor Carlisle calls it
a tragedy for the Lum family

By Rod Ohira
Star-Bulletin

From Benjamin Lum's perspective, there's nothing fair about a Hawaii Supreme Court decision that gives a man convicted of killing his mother a new trial.

"The person who's not getting a second chance is my mother," Lum said yesterday in a telephone interview from his California home. "I'm surprised the state of Hawaii is spending money on this again since at this point, I don't see the results being any different.

"I'm very disappointed that the family has to go through this again," he added. "I hope the people of Hawaii are as outraged by this as we are."

On Tuesday, the Supreme Court ordered a new trial for Samson Kauhi because his defense had to use its final peremptory challenge during jury selection to excuse prospective juror Michael Makibe, a deputy prosecutor from the same office trying the case.

Kauhi was convicted of second-degree murder in the Nov. 14, 1994 beating death of 74-year-old baby sitter Ellen Lum in her Rycroft Street home.

"Nothing was said about the evidence, yet we've got to go through a ghastly, expensive and emotionally draining affair again as if it was never tried before," Honolulu Prosecuting Attorney Peter Carlisle said.

"I think it's a tragedy for the family," Carlisle added. "It's not like Kauhi is a Boy Scout and that he didn't get a fair trial."

Kauhi was sentenced to 35 years in prison for killing Lum. Despite the high-court ruling, he will remain in prison through his new trial.

Anthony Commendador, administrator of the Hawaii Paroling Authority, says Kauhi is currently serving time for convictions on nine first-degree robbery and four first-degree criminal property damage counts as well as murder.

He is not eligible for a parole hearing until Jan. 6, 2002, Commendador said.

"Nothing is going to bring my mother back. She's dead," Lum said.

"Maybe his constitutional rights were disregarded, but does anyone expect the result of a new trial to be different?" Lum added. "If you look at this whole picture, you see a little mark, a technicality, and for that they threw out the whole thing."

Sumie Uehara, a prosecution witness who provided detectives with a description of a man and woman she saw in back of Lum's house on the morning of the murder, isn't looking forward to a second trial.

"Again, I have to remember again," Uehara said.

"Nobody wants to go through it again," said Uehara's 16-year-old son, Yuichi. "It just brings back a lot of bad memories."

Mae Katsumoto, who lived next door to Ellen Lum, was shocked to hear that the Kauhi's conviction was overturned.

"It's agony," Katsumoto said. "I feel so sorry for her family."

Leann Abraham, who had accompanied Samson and Harry Kauhi Jr. to the Lum home, was a key witness in the first trial.

In return for a guilty plea to first-degree burglary, Abraham testified against Samson Kauhi, with whom she had a romantic relationship.

According to the terms of the plea agreement, Abraham would not be charged with murder even if she implicated herself.

Carlisle declined comment as to Abraham's role in the second trial.

Trying a case for the second time is difficult, Carlisle added.

"It's one more roll on the roulette table," he said. "Something can always go wrong."