Sua granted mistrial
in prison kidnap case

The defendant decided
at the last minute that he
wanted an attorney

---

By Leila Fujimori
lfujimori@starbulletin.com

A Circuit Court judge declared a mistrial in a prison kidnapping case this morning when the defendant, who initially wanted to represent himself, finally told the judge he wanted an attorney, city deputy prosecutor Kevin Takata said this morning.

The case involving Alomalietoa Sua began yesterday with the prosecution's opening statement and witnesses testifying, but Sua refused to attend his own trial and no attorney was present to represent him.

"In order for justice to be achieved, you need two competent attorneys representing competing interests," Takata said. "It's like a football game where only one team is on the field."

Sua had told Circuit Court Judge Karen Ahn yesterday he did not want to be there if he was not allowed to call 149 witnesses.

"If I don't have witnesses to put on the stand, no sense I be here in court," Sua told the judge.

Ahn asked Sua if he wanted a court-appointed attorney to appear for him but Sua refused.

Sua is on trial for kidnapping, terroristic threatening and prison contraband charges for allegedly taking a nurse hostage at the Halawa Correctional Facility on Sept. 20, 2000. He has been serving time for first-degree robbery since 1996.

Sua's witness list included his brothers, some of whom are in mainland prisons, according to Takata. Sua comes from a Waipahu family of seven brothers who have had violent histories including murder, attempted murder, assault and armed robbery.

Ahn told Sua yesterday that the court had offered to get any witnesses who are relevant to the case, but none on his list were. "I've never seen a witness list like that," she said.

The jury waited outside during the discussion.

Sua said he did not want to waive his right to be present, but he reiterated not wanting to be present if none of his witnesses were allowed to testify.

After stressing to Sua the importance of staying for the trial, Ahn granted his request to leave and return to his cell at Halawa.

The jury was then brought back in, and the trial proceeded with Taketa's opening statement and the testimony of nurse Robin Kalahiki.

She testified that Sua came into the medical exam room to have a sore elbow treated. Sua held her with his arm against a wall, she said.

"He pulled out this long, knife-looking thing from his waistband and said, 'You're not going anywhere,' " she said. He held the instrument to her neck and pulled her head back, she said. Kalahiki said she was scared though he promised not to hurt her.

"I asked him, 'What will happen to my three kids?' " she said as she wiped away tears. She said Sua told her, "This is how it's going to end," and that he would be taken out by snipers.

Prison guards broke into the room and captured Sua.

No date has been set for a new trial.