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A man who was set to go to trial a second time next week for the 1994 beating death of 74-year-old Ellen Lum changed his plea to guilty, averting a retrial. Kauhi changes
plea, admits to
killing babysitterBy Debra Barayuga
Star-BulletinSamson Kauhi, 38, did not tell the court yesterday why he changed his mind but said his mind was clear. His attorney, Clifford Hunt, declined comment after the hearing. Judge Wilfred Watanabe set sentencing for April 4, 2001.
Under a plea agreement, Kauhi pleaded guilty to second-degree murder -- that he intentionally and knowingly beat the elderly babysitter to death in her Makiki home.
The state dropped a first-degree burglary charge and recommended that the sentence run concurrently with the sentence he is now serving for parole revocation on an unrelated 1982 robbery. The state also will not make a recommendation to the Hawaii Paroling Authority on a minimum term.
However, the state at sentencing will seek a mandatory minimum of 15 years imprisonment, under a law governing crimes against the elderly.
Deputy prosecutor Lahoma Fernandes-Nakata said the state agreed to the plea bargain in the interests of all parties involved.
"This was a case that (would have) really put the witnesses, the family through an emotional and draining rollercoaster had this case gone to trial again."
The case and Mrs. Lum can now be put to rest, she said. One of Lum's sons, Michael Lum attended yesterday's hearing, but declined comment.
The Hawaii Supreme Court in 1997 overturned Kauhi's 1995 conviction and ordered a new trial because of flawed jury selection. The Justices ruled that the trial court should have dismissed a deputy prosecutor who was in the jury pool.
Kauhi was on parole for a 1982 robbery when he, his brother Harry and former girlfriend Leeann Abraham went to Lum's home, believing they would find crystal methamphetamine. Kauhi apparently mistook Lum for the mother of the man they were seeking and beat her, ransacked the home and fled with $70 and three jade bracelets.
Her body was later found by the mother of the 15-month old boy she was babysitting at the time. The toddler was unhurt.
Kauhi's retrial, which was initially set for the week of Sept. 27, 1999 was delayed when his attorney requested that he undergo a mental examination.
The day jury selection was about to begin, Hunt told the court that Kauhi had indicated he wasn't thinking clearly, had difficulty understanding the proceedings before him and was having evil thoughts.
In documents supporting the mental exam, Hunt said Kauhi was a chronic crystal methamphetamine user and that the drug is known by medical and psychiatric professionals to cause psychotic disorders. Other court divisions have acquitted defendants of crimes based on chronic use of crystal methamphetamine, he wrote.
In January, Judge Michael Town found Kauhi fit to stand trial based on the findings of three court-appointed doctors. Hunt said at the time that Kauhi may have been impaired by drugs at the time of the incident.
Fernandes said had the case gone to trial, the state would have opposed the argument. "He voluntarily took the drugs and therefore should not be excused under the law for his actions."
Abraham pleaded guilty to first-degree burglary and testified against Kauhi at his trial. She is currently on parole.
Kauhi's brother, Harry pleaded guilty to first-degree burglary as an accomplice and received a 10-year sentence which expires in November 2004. He will remain in prison at least until July 2007 however because of an unrelated theft conviction.