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The Honolulu Advertiser

Posted on: Friday, February 7, 2003

18-month probe of teacher's fatal crash nears end

By Scott Ishikawa
Advertiser Staff Writer

Elizabeth Kekoa died in a crash on H-1 Freeway on Aug. 26, 2001.

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Nearly 18 months after teacher Elizabeth Kekoa died as the victim of what police say might have been freeway racing, her family is still looking for closure while the driver arrested in the incident is playing college baseball in California.

Police say they expect to turn the case over for prosecution within 30 days, but it may take several more months before a decision is made on whether to ask the O'ahu grand jury to return criminal charges.

Kekoa, 58, a Holy Trinity School teacher, was killed Aug. 26, 2001, in a crash on H-1 Freeway that focused widespread attention on the issue of racing-related accidents, shedding light on Hawai'i's racing culture and the availability of legal race tracks.

Immediately after the crash, there was a brief police crackdown on speeders along O'ahu roads. State lawmakers ultimately passed an anti-racing bill as vigorous debate continued for months over how to deal with street racers.

For the Kekoa family, Elizabeth's death was emotionally and financially devastating. They lost not only a dear family member but also the household breadwinner.

"It seems as if our lives have been put on hold after the accident," said Willie Davis, Kekoa's older brother. "At the same time, we understand the police have to do their job right, and we want the prosecutors to have all the information they need, so there is no legal loophole or technicality."

Davis said Kekoa's husband, Wally, filed for personal bankruptcy and lost the family home after the death of his wife. "The family of five that was under one roof is now living in three households, so this thing really split up the family," Davis said.

Kekoa was a passenger in a Ford Aerostar van when it was struck by a car on the freeway near Kaimuki. Police said the car, a Honda Prelude, was believed to be speeding and possibly racing. Kekoa's husband, Wally, driver of the van, and mother, Rose Davis, were also injured in the crash.

Police arrested the Honda's driver, Nicholas Tudisco, 18 at the time, on suspicion of second-degree negligent homicide, but released him pending further investigation. Tudisco, who was not hurt in the accident, has not been charged.

According to a preliminary police report of the crash, witnesses said Tudisco's 1999 Prelude was among several cars speeding east toward the Sixth Avenue off-ramp, when he lost control.

Tudisco's auto bounced off the median and hit the van, causing it to strike the guardrail, police reported. Police gave Tudisco a breath test, which turned up negative for alcohol, the report said.

Maj. Bryan Wauke, head of the Honolulu Police Department's traffic division, would only say that police and prosecutors met in late December to discuss the case. Prosecutors asked police to do additional work.

"Unless prosecutors request any additional follow-up work, the investigation is winding down and we hope to turn over the case for review shortly, within a month," Wauke said. "We know the family wants closure, but we still have to meet investigation requirements so the responsible person is either found at fault or not."

Wauke declined to comment on the Kekoa case. In general, he said that a police vehicular homicide investigation can take a year or longer. Police have said the reasons include the task of locating witnesses and the use of traffic reconstruction experts from the Mainland, who are handling other cases.

"In many cases, we have to look for witnesses who may have moved; reinterview others; or who may have been unwilling to initially talk following the accident," Lt. Bennett Martin of HPD's vehicle homicide section said.

Martin said Mainland traffic experts hired for high-profile investigations are often flown here to reconstruct accident scenes. That work can sometimes take four to five months, he said.

Lawrence Grean, director of case screening at the city prosecutor's office, said prosecutors will review the case before deciding whether to turn it over to a grand jury. Prosecutors at that point would also decide what charges to seek.

Grean pointed out that the case could return to police investigators at anytime for further work, if needed.

"We've asked police to do 10 additional things before handing the case back to us," Grean said. "We need to make sure we have all the facts in determining whether this goes before a grand jury."

Attorneys representing the Kekoa and Tudisco families said both sides look forward to the end of the investigation.

"The family would like to put their lives back together again and bring this case to justice," said attorney Greg Lui-Kwan, whose firm is representing the Kekoa family in a civil suit.

The Kekoa family in March of last year sued Tudisco's family, claiming Tudisco was racing and driving in excess of 100 mph when he lost control of his car. The lawsuit also accused Tudisco of modifying his Prelude with "high-performance parts" but failing to obtain the required state permits. It asks for an unspecified amount of damages.

Davis said the criminal case moving forward "would be a relief for our family."

Tudisco, a former student athlete at Saint Louis School, is enrolled at Cuesta College in San Luis Obispo, Calif., and plays outfield for the school's baseball team.

Attorney Michael Green, who is representing Tudisco in the criminal and civil cases, would not say if his client was speeding or racing during the time of the accident. He would only say he is awaiting test results to determine if the scrapped car paint found on Kekoa's van was from a vehicle other than Tudisco's.

"We, too, are awaiting the final police investigation to try to sit down and resolve this," Green said.

Kekoa's death led to a public outcry for stricter penalties against street racing.

While police have not conducted any additional major crackdowns on street racers since the Tudisco/Kekoa crash, Wauke said police handed out 27,000 speeding citations last year. But he admits the problem of racing persists.

One result of the 2001 accident is a new law that calls for a driver who receives a third conviction within five years to forfeit his vehicle and lose the right to drive for up to three years. The vehicle can only be forfeited if the offending driver owns it and it has been used in all three offenses. A judge has the discretion on whether or not to apply the punishment.

A first conviction could bring a maximum fine of $2,000 and up to one-year imprisonment for exceeding the posted speed limit by 30-mph or more. Previously, the fine was $500 and six months in jail. A second conviction could mean a one-year license suspension if the conviction occurs within five years of the first conviction.

But Sgt. Robert Lung of HPD's traffic division said police have not given any citations for racing because officers need to prove in court that the driver was going at least 30 mph over the posted speed limit.

"It's difficult to track their exact speed, particularly since many times we tend to cite the driver after they've already finished their race and slowed down," Lung said.

Lung said police will bring up the issue with state lawmakers during this year's legislative session in hopes a change can be made.

Reach Scott Ishikawa at sishikawa@honoluluadvertiser.com or at 535-8110.