Posted on: Thursday, May 8, 2003

Testimony about fear for life stricken

By David Waite
Advertiser Courts Writer

The lead prosecution witness in the trial of a Kailua man accused of strangling a Kapahulu woman in the mountains above Makakilo testified yesterday that he told police about the murder because he was afraid the same thing could happen to him.

But the jury was told to disregard that testimony.

In the trial of Jason Perry, Ryan Onuma had testified earlier that Perry strangled Tracey Tominaga on Jan. 21, 2002. He said Perry killed her out of revenge because three days earlier, one of Tominaga's friends held a shotgun to Perry's head and took money and drugs from him.

Onuma has said he and Perry worked in a drug ring, selling crystal methamphetamine supplied to them by Delaneo "Kawika" Puha, who was found guilty last month of conspiracy, kidnapping and other charges in Tominaga's death.

Yesterday in Circuit Judge Karen Ahn's courtroom, Onuma said he and Perry broke into Puha's van on March 28 or 29 at Hawaiian Memorial Park in Kane'ohe, stealing $38,000 and 3 to 4 ounces of crystal meth.

Onuma said the two men went to 'Aiea Loop Trail and split the drugs and money. He said Perry later told Puha that Onuma had stolen the money and drugs.

Perry said that Puha "was looking for me," Onuma testified, and Perry "wants me to shoot" Puha. Onuma said Perry asked him to go with him to Makakilo along with Puha. But Onuma said he was afraid he was being set up and would likely be killed.

Onuma also testified previously that Perry told a man named Edward Fuller about killing Tominaga and then killed Fuller a few hours after finding out he was a "snitch" for the police.

Perry has been charged with second-degree murder in connection with the deaths of Tominaga and Fuller.

During yesterday's testimony, Perry's lawyer, David Bettencourt, told Ahn — with the jury out of the courtroom — that the court should strike Onuma's statements about Perry asking him to shoot Puha and about

Onuma's concerns that he would be killed if he went to Makakilo with Perry and Puha.

Bettencourt also said deputy city prosecutor Christopher Van Marter had not informed him that the prosecution would have Onuma testify about those aspects of the case.

Van Marter said Bettencourt had been told about the prosecution's plans.

Ahn agreed with Bettencourt as to the impact of Onuma's statements about his fears of being killed and his being asked to kill Puha. When the jurors returned to the courtroom, she ordered them to disregard that portion of Onuma's testimony.

She then recessed the trial until this morning.

Van Marter says Onuma went to the police on April 2, 2002, primarily because he was afraid he'd be killed.

But Bettencourt says Onuma went to police to make a deal that would allow him to avoid being charged with murder in the deaths of Tominaga and Fuller.