Aki’s defense can
claim uncle killed girlA judge delays the trial
for two weeks to get
DNA evidence tested
A Circuit Court judge has ruled that defense attorneys for accused murderer Christopher Aki will be allowed to argue that the real killer of 11-year-old Kahealani Indreginal was her uncle.
CORRECTION
Thursday, April 1, 2003>> Trial for Christopher Aki, who is charged with second-degree murder in the death of Kahealani Indreginal, is set for April 13. A story on Page A5 yesterday incorrectly said the trial was set for April 15.
The Honolulu Star-Bulletin strives to make its news report fair and accurate. If you have a question or comment about news coverage, call Editor Frank Bridgewater at 529-4791 or email him at fbridgewater@starbulletin.com.Circuit Judge Virginia Crandall also ruled that the defense will be allowed to introduce evidence of Dennis Cacatian's rape conviction and the police search of his home.
Crandall also has granted a two-week delay of the Aki trial to allow the state to test the source of DNA evidence found on a bloodstained watch recovered from his car.
Trial for the 21-year-old Aki, charged with second-degree murder in Kahealani's December 2002 death, will begin April 15 instead of today.
City prosecutors sought the delay in the trial based on the representations by Aki alleging that Cacatian, Kahealani's uncle, killed her and that police bungled the investigation, including their handling of blood evidence found on a watch recovered from Aki's car.
"The probative value is that it's some other male's blood, not Aki," said deputy public defender Todd Eddins, who represents Aki.
If the defense plans to argue that police failed to test the blood on the watch to see if it matched Cacatian or any other individual who may have been present at Kahealani's killing, "we are entitled -- and the truth requires -- that we determine if that blood matches either of those individuals," said city Prosecutor Peter Carlisle.
According to prosecutors, DNA analysis of the watch showed two male sources. Aki was excluded as the primary contributor of the sample, but he was not excluded as the source of the secondary contributor. Cacatian was excluded as the primary and secondary source of the DNA on the watch.
Because Cacatian's DNA was only excluded, obtaining a blood sample from him and testing it is the "best, surest and most clearest way" to determine whether Cacatian is excluded as the primary and secondary source of the DNA, said Deputy Prosecutor Rom Trader.
If the DNA matches either Cacatian or another individual, "it gives credence to the story of the defendant," said Carlisle, who unsuccessfully argued that the defense should identify another man whom Aki claims was at the scene, so that his DNA can also be tested.
Eddins opposed the state's requests, arguing that the defense has no obligation to disclose the man's identity based on an April 2003 ruling by another judge and that doing so would incriminate Aki's right not to testify.
Prosecutors knew as far back as June that the defense was looking into Cacatian's possible involvement when they filed motions to obtain a police affidavit regarding a February 2003 search of Cacatian's home and reports about his 1979 rape conviction, Eddins said.
Michael Weight, assistant public defender for Cacatian in an unrelated federal case, declined yesterday to say whether Cacatian would provide a sample.
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Slain girl’s uncle sentenced
on firearm charges
The uncle of slain 11-year-old Kahealani Indreginal was sentenced yesterday to 34 months in federal prison and three years of supervised release on charges of possessing four illegal rifle cartridges.
Police, who were investigating sex offenders as part of their investigation into Kahealani's slaying, searched Dennis Cacatian's Aiea home in February 2003 and found him hiding under a crawl space.
They also recovered the empty rifle cartridges. He was subsequently charged in federal court with possessing a high-capacity rifle magazine -- capable of holding 30 rounds -- which are only issued and used by military or law enforcement.
Defense attorneys for Christopher Aki, who has been charged with Kahealani's murder, said Cacatian, 42, was the real killer.
But police and prosecutors said Aki is responsible for Kahealani's murder. The allegations played no part in Cacatian's sentencing yesterday in U.S. District Court, said Assistant U.S. Attorney Wes Porter.
Michael Weight, assistant federal defender for Cacatian, said his client inadvertently came to possess the magazines after a friend gave him a military backpack that had the magazines in it. "He didn't buy, barter or acquire it," Weight said.
He described Cacatian as a churchgoing man who works hard to provide for his wife and four children and has done extremely well in the last 14 months while free on bail. But for a 25-year-old rape conviction, Cacatian would be facing a lower sentence, said Weight.
Cacatian said he is extremely remorseful for his conduct in the past and takes full responsibility for having the rifle clips in his possession. "I wish I threw it away."
U.S. District Judge Helen Gillmor said the circumstances of Cacatian's arrest -- he was found hiding in the crawl space after a police dog had been sprayed with a substance -- "shows some guilty knowledge, even having accepted the responsibility at this point."
Cacatian was ordered to turn himself in to the Bureau of Prisons on May 11.
