Hearing today on request to compel Aki to tell names

By David Waite
Advertiser Courts Writer

Constitutional rights should protect Christopher Aki — accused of killing 11-year-old Kahealani Indreginal — from being forced to disclose the names of people he may accuse of her death during his trial for murder, his lawyer said in court documents yesterday.

State Deputy Public Defender Todd Eddins argues that requiring Aki to divulge the names of people who he may say killed the girl even before his trial starts would violate his Fifth Amendment right against self-incrimination.

Eddins also said that trying to force him to reveal the names of other people involved in Indreginal's death — based on the premise that Aki may have given Eddins the names — would be a violation of the attorney-client privilege.

City Prosecuting Attorney Peter Carlisle has filed a request to compel Aki to provide the prosecution with the names of others involved in Indreginal's death before the trial begins — if Aki plans to use a defense that others actually killed the girl.

A hearing on Carlisle's request is scheduled for 9 a.m. today before Circuit Judge Victoria Marks.

Indreginal's body was found off 'Aiea Loop Trail on Dec. 13, three days after she disappeared from Pu'uwai Momi public housing in Halawa.

Aki was arrested a day later, after police said he gave two statements, one implicating two men in the murder and a second in which he admitted killing the girl. The statements implicating the other two men were discredited.

Aki is tentatively scheduled to go to trial the week of Sept. 15.

Honolulu criminal defense attorneys Myles Breiner and Brook Hart said Carlisle's request would appear to violate Aki's constitutional right against self incrimination.

Defense attorney Howard Luke, who like Breiner was a former city prosecutor, said he also believes that a request to force a murder defendant to reveal the names of others who may have committed the crime — prior to the defendant's revealing the names during a trial — would appear to violate the defendant's Fifth Amendment right.