Two juries hear trial in beating of tourist

By David Waite
Advertiser Courts Writer

Two juries were seated together in the same federal courtroom yesterday as a trial began for two men facing attempted murder charges in the vicious beating of a California tourist last year.

Solomon Kahalewai, 24, and Christopher Hicks, 20, have been charged with attempted second-degree murder in the beating of Ivan Kaloyanov near the Ala Moana Hotel last May.

Police said the beating followed a dispute that began at the Blue Tropix nightclub on Kapi'olani Boulevard. The beating left Kaloyanov in a coma for days.

Johnston Kapua, 30, also has been charged in the crime.

Kapua refused to make a statement to police and will be tried separately on an attempted murder charge next month.

The prosecution says Kahalewai and Hicks gave statements to police implicating each other.

Circuit Judge Dan Kochi in October ruled that the statements made by Kahalewai and Hicks could not be used if the men were tried jointly before one jury.

The judge concluded that Kahalewai and Hicks could be tried jointly if two juries heard the case, one for each defendant. That way the prosecution would not have to put on the same evidence twice, Kochi said.

"The jury for defendant Hicks would be asked to briefly leave the courtroom when testimony concerning the statement made by co-defendant Kahalewai is (presented) to his jury, and vice versa," Kochi wrote in his Oct. 3 order. "Other than this, each jury would remain in the courtroom to hear the evidence."

The only snag in the plan was that none of the courtrooms in state Circuit Court was large enough to seat two juries and their alternates. So, the trial began at 9 a.m. yesterday across the street on the second floor of the Federal Courthouse.

There, the 24 jurors and four alternates heard city deputy prosecutor Barry Kemp describe the beating of Kaloyanov as "savage," charging that Hicks and Kahalewai wanted to kill him.

Kaloyanov lay in a coma at The Queen's Medical Center for more than five days and suffered a severe brain injury. He eventually recovered and went home to California.

In court yesterday, Kaloyanov, 22, said he is prone to forgetting small details, especially when given instructions by his parents to do things while they are away from home.

"It's always the small things that I forget," Kaloyanov said.

In their opening statements, state deputy public defender Walter Rodby, who represents Hicks, and private attorney Richard Hoke, who represents Kahalewai, told the juries that the two men never intended to kill Kaloyanov.

The trial is expected to last about two weeks.

Reach David Waite at 525-8030 or at dwaite@honoluluadvertiser.com.