Judge to rule
if prosecutor
acted improperly

By Rod Thompson
Star-Bulletin

HILO -- Judge Riki May Amano was expected to rule today on possible penalties for a series of allegedly improper actions by Deputy Prosecutor Kay Iopa in an ongoing murder case.

With the jury waiting in the next room, Amano yesterday allowed the rare step of putting Iopa on the witness stand for defense attorney Brian De Lima to question under oath.

De Lima is asking for dismissal of the trial of Christopher Wilmer Jr., 21, charged with the 1997 murder of retired businessman Gordon Granger.

Among the accusations by De Lima against Iopa:

Influencing a key witness against Wilmer, his ex-girlfriend, by telling the girlfriend about an admiring letter Wilmer wrote to another woman.

Failing to disclose that the girlfriend, Misty Kuheana, received $1,000 in Crime Stoppers money for cooperating with police.

Failing to disclose an investigator's report that showed Wilmer may have been with a friend, and not at the scene of the crime, at the time of the murder.

Amano was clearly displeased with Iopa after Iopa admitted to the court last week that she made false statements about whether Kuheana had seen Wilmer's letter.

When Iopa argued that a court rule prevents dismissing the case, Amano told Iopa her position made no sense.

When Amano asked Iopa what authority supported her position, Iopa conceded she didn't know of any.

The question of influences affecting Kuheana is important because De Lima has suggested to the jury that Kuheana can't be trusted when she says Wilmer confessed the murder to her.

When Amano asked Iopa what alternatives there might be to dismissing the case, Iopa suggested telling the jury to ignore Kuheana's testimony.

Amano said it would be hard to tell the jury to forget Kuheana's entire four hours on the witness stand.

Taking the stand herself, Iopa said she didn't tell De Lima about the report showing Wilmer may have been elsewhere at the time of the murder because she thought De Lima already had the information.

But the man who wrote the report, investigator Howard Sur, testified the normal practice is to give such reports to defense attorneys.

Police Lt. Francis Rodillas testified he made an application to Crime Stoppers, a private organization, to pay $1,000 to Kuheana after she cooperated with police.

De Lima said Crime Stoppers rules generally call for avoiding such a procedure because it amounts to funneling funds to a witness.