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The Honolulu Advertiser

Posted on: Wednesday, May 14, 2003

Killer asks release from state hospital

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — A man who was acquitted of murder by reason of insanity in the 1994 strangling of an 'O'okala woman is asking to be released from the Hawai'i State Hospital in Kane'ohe.

If his request is approved, Curtis K. Kealoha would remain under state supervision but would be allowed to live off hospital grounds, according to court records.

Kealoha, 55, admitted killing ex-girlfriend Victoria N. Agres on Oct. 4, 1994, at a house in 'O'okala. Neighbors told police Kealoha came to their house covered in blood and told them, "You can call the police. I wen' kill the wahine."

According to court records, Kealoha is an Army veteran who served in Vietnam and suffered from post-traumatic stress disorder. At the time of the slaying, police had been evacuating residents from coastal areas because of a tsunami alert. Kealoha used cocaine in the days leading up to the killing and believed he was "under attack," according to court records.

Lincoln Ashida, a former deputy prosecutor who handled the Kealoha case, said it was "a classic, clear case" of insanity. "This wasn't even one of those that was legally a close call," said Ashida, who is now the Hawai'i County corporation counsel.

After his acquittal in 1996, Kealoha was committed to the state hospital. In 2001 he was granted permission to take unescorted trips off the hospital grounds for outpatient treatment or for excursions with family members.

A court hearing has been scheduled in Hilo next month to review Kealoha's progress, and allow lawyers in the case to argue for or against his conditional release request.

Kealoha's lawyer, Deputy Public Defender Michael Ebesugawa, declined to comment, and a spokeswoman for the state Department of Health said state and federal law prohibit the department from discussing patients at the hospital.

Kealoha's uncle, Alexander Maikui Sr., said he believes Kealoha is ready for release. Maikui said Kealoha calls family members on birthdays and holidays, and visited the Big Island to attend the funeral of his brother. He looked normal and well, Maikui said.

But Robert Le Brie, Kealoha's former brother-in-law, said he is manipulating the system. Kealoha was married to Le Brie's sister before he killed Agres, and surrendered to police at Le Brie's house after the slaying.

"Well, I hope he doesn't come back here, because he's a living hell to my family," Le Brie said. "What he did to my family, especially my sister, I don't want to see his face over here."

"I think he got away too easy."