Wife of accused
hit-and-run driver
may testify

Prosecutors say the testimony
would not be protected
by marital privileges

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By Nelson Daranciang
Star-Bulletin

The state has subpoenaed the wife of accused hit-and-run driver Tiulu Faatoia to testify against her husband in a court.

Faatoia, 39, of Kalihi, is charged with failure to render aid in the May 24 hit-and-run accident on Kamehameha IV Road that killed Daniel Agcaoili, 33, also of Kalihi.

The charge carries a possible 20-year prison term.

"If we have her testify, it'll be as to nonprivileged marital communications so they're not protected by the marital privilege," said Vince Kanemoto, Deputy Honolulu City Prosecutor. Kanemoto said that so far, Failele Faatoia has been cooperative.

Failele Faatoia showed up as a prosecution witness at her husband's preliminary hearing in Honolulu District Court yesterday. The hearing was rescheduled for Friday because of a lack of a Samoan-language translator.

According to Rule 505 of the Hawaii Rules of Evidence, Hawaii Revised Statutes chapter 626, in a criminal proceeding, the spouse of the accused has a privilege not to testify against the accused. Confidential marital communication, according to the rule, is a private communication between spouses that is not intended for disclosure to any other person.

According to court documents in the case, Failele Faatoia is one of four people to whom her husband confessed being the driver in the fatal accident. The other three are her parents and a family friend. All four escorted Tiulu Faatoia when he turned himself in to police eight days after the accident.

Failele Faatoia's father and the friend, who were also subpoenaed, also showed up to testify in yesterday's preliminary hearing and have agreed to return to court on Friday.

Police said Failele Faatoia told them that her husband left their home at Kuhio Park Terrace around the time of the accident, which occurred near the complex. He returned the following evening without their van. When she saw it a few days later, the van had damage that was not there before.

The deputy public defender representing Tiulu Faatoia declined comment.

Faatoia was serving a five-year license suspension at the time of the accident because of a 1999 DUI conviction.

He was convicted of DUI two other times since 1997 and had his license suspended or revoked six other times.