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The Honolulu Advertiser
Posted on: Thursday, March 11, 2004

Convict in courthouse beats suspect in Kahealani murder

By David Waite
Advertiser Courts Writer

A Halawa prison inmate who allegedly beat up a man accused of murdering an 11-year-old girl in December 2002 could face assault charges, a state Department of Public Safety official said yesterday.

Christopher Aki, left, was in a fight with Albert Batalona. Batalona could face assault charges.
James Propotnick, deputy director of the department's Law Enforcement Division, said Halawa inmate Albert Batalona got into an altercation with pretrial detainee Christopher Aki, whose trial on murder charges is scheduled to begin March 30.

Aki, 21, is accused of murdering Kahealani "Kahea" Indreginal, whose body was found on Dec. 13, 2002, off the 'Aiea Loop Trail three days after she was last seen at the Pu'uwai Momi public housing in Halawa, where she lived.

Propotnick said the scuffle between Batalona and Aki took place at about noon Tuesday in a secured area of the Circuit Court building operated by state sheriffs.

Aki was in court to help select jurors for his trial.

Batalona was brought to court for a hearing on how much he should be made to pay the state for costs associated with capturing him after he and two other men escaped April 4 from HŒlawa prison. All of the escapees were captured six days later.

At the time he escaped, Batalona, 27, was serving a life-without-parole sentence for the attempted murder of a police officer during the July 1999 gunbattle and robbery of the Hunakai Street branch of American Savings Bank.

Propotnick said he did not know what sparked the incident between Aki and Batalona.

"One was a pretrial detainee from OCCC and the other was a Halawa inmate, and from what I've been told, they didn't know each other," Propotnick said.

He said the two were eating lunch in an interview room in the secured area.

"My understanding is that it lasted far less than a minute — for maybe 15 or 20 seconds — and ended just as quick as the sheriffs were able to open the door and separate the two," Propotnick said.

He said Batalona "offered no resistance" after sheriffs pulled him away from Aki. Batalona is much bigger than the slightly built Aki, according to Propotnick, who said he does not believe any policies or procedures were violated by allowing an inmate convicted of a violent crime to intermingle with a pretrial detainee.

"Mr. Aki was not in protective custody. He had been working in the kitchen at OCCC and did not have any problems there that I'm aware of," Propotnick said.

But state Public Defender Jack Tonaki said he hopes the incident will result in efforts to keep pretrial detainees apart from prison inmates convicted of violent crimes.

"Mr. Aki suffered some pretty substantial injuries to his teeth, has some badly bruised ribs and miscellaneous bruises to other parts of his body," Tonaki said. "But I think he was lucky that it was not a lot worse."

While it may not be true in Aki's case, criminal defendants involved in alleged crimes against children "have historically been the targets of attack" by prison inmates, Tonaki said.

"While that's true in the case of child homicide victims, it's more common in child molestation or sex assault cases," Tonaki said.

"I'm not talking specifically about Mr. Batalona, but anytime you have a guy doing life without parole, they are the most violent offenders and have nothing to lose by attacking someone else," Tonaki said.

He said the jury selection process was suspended by Circuit Judge Virginia Crandall until it is determined that Aki is well enough to participate. He could not estimate when that might be or whether it will delay the start of testimony in the case scheduled for March 30.

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