Girl’s uncle was
her killer, suspect’s
attorney says
Accused murderer Christopher Aki's defense lawyer plans to argue at trial that 11-year-old Kahealani Indreginal was killed by one of her uncles but that Aki confessed to the crime out of fear for his life.
Aki alleges that the uncle had been molesting the girl and killed her after she had told Aki, according to deputy public defender Todd Eddins.
The revelations were revealed in documents filed by Aki's defense this week and at a Circuit Court hearing yesterday where Eddins asked the court to allow them to present evidence about the 41-year-old uncle and his prior rape convictions at Aki's trial.
Prosecutors had earlier asked the court to preclude the defense from introducing the evidence, which includes a police search of the uncle's home and his alleged drug dealings.
Eddins argued that the evidence will show that the uncle had the motive to kill the girl, and why Aki was so afraid of the man that he confessed to the murder.
"Undoubtedly, it is capable of raising a reasonable doubt of Aki's guilt," Eddins argued in court papers.
Aki, who was the boyfriend of Kahealani's sister, is charged with second-degree murder in her December 2002 slaying. After his arrest, Aki originally said others were responsible, but then recanted and accepted blame.
Deputy prosecutor Glenn Kim objected to Eddins' motion, arguing that the uncle's prior rape convictions, the search of his home that uncovered drugs and paraphernalia and his alleged involvement in drug dealing are not relevant.
Kim said there was no evidence that Kahealani was sexually assaulted, and it is the defense that is asserting that a motive for the killing was the uncle's "rage and anger," Kim said.
Aki's "lethal rage is why the girl was murdered," Kim argued. "The crime here is not rape, guns or drugs."
Eddins countered that the uncle is "a bad guy, and Chris feared reprisal and that's why he confessed."
The uncle has been subpoenaed as a witness in Aki's trial, expected to open March 30.
He could not be reached for comment. He is currently out on bail awaiting sentencing March 29 after pleading guilty to a federal charge of possessing a high-capacity ammunition device. Police said the device was an illegal rifle magazine that they found in an underground room during the February 2003 search of his Aiea home. He faces a maximum of five years' imprisonment.
Police had questioned him after they began looking at sex offenders in the area as suspects. They even searched his home in February 2003 after they learned he was a sexual offender.
The uncle lived near Aiea Heights Drive, the road leading to the Aiea Loop Trail where Kahealani's beaten body was found Dec. 13, 2002, three days after she disappeared from the Puuwai Momi housing complex where she and her family lived. Aki would hang out and smoke with the relative and his ex-con friends in an underground room where drugs and guns were stored, Eddins said in court documents.
According to Eddins, Kahealani confided in Aki that the uncle had been touching her "in a sexually inappropriate way."
She could not tell her immediate family members because she was afraid of the man and knew that they would blame her if he went back to jail, Eddins said.
Aki knew that the man had been convicted of rape and had spent time in prison, so he believed that the man had indeed sexually assaulted Kahealani, according to Eddins.
Convinced that he could persuade the relative to stop assaulting Kahealani, Aki set up a meeting with the relative at the Keaiwa State Park "and fatefully brought Kahea," the defense documents said.
Aki said the uncle and another man were smoking "ice" when Aki arrived at the state park with Kahealani. Aki confronted the relative in private, and the man allegedly became enraged.
The relative allegedly ordered Kahealani out of the car, ordered Aki to stay, then walked down a trail with the girl.
"Shortly thereafter, Kahea was dead," Eddins said.
According to Aki's account, Kahealani's uncle returned and held a gun to Aki's head and threatened to kill him and his family if he told anyone what happened.
Without corroboration of the relative's past history and Aki's basis for fearing the man, the jury will likely not believe Aki, Eddins argued.
Aki is expected to testify in his defense.
Circuit Judge Virginia Crandall, who will preside over Aki's trial, is expected to rule before trial.