Aki's defense to assert uncle killed Kahealani

By David Waite
Advertiser Courts Writer

When his murder trial begins 10 days from now, Christopher Aki will assert that he did not kill 11-year-old Kahealani "Kahea" Indreginal in December 2002, but that the girl's uncle killed her after she went with Aki to confront him about sexually assaulting her, Aki's lawyer said in court yesterday.

AKI

KAHEA

Repeated attempts to reach Cacatian, 42, yesterday to comment on those allegations were unsuccessful, but his defense lawyer in a pending federal criminal case characterized Aki as a "drowning man grasping for straws."

Federal Deputy Public Defender Michael Weight said he talked to Cacatian about Aki's allegations and told him not to discuss the matter with anyone.

"Anybody who wants to make desperate or scurrilous remarks is bound to make them, particularly if you're on trial for your life," Weight said. "So it doesn't surprise that this person would do that."

The Prosecutor's Office declined to comment yesterday on the allegation that someone other that Aki killed the girl, and prosecutors maintain that Aki acted alone.

Aki's defense suggested in the past that someone else killed Kahealani, but the disclosures this week are the first time the defense has identified that person and provided its version of his role.

Aki, 21, is scheduled to go on trial March 30 on a murder charge of beating Kahealani, whose body was found off the 'Aiea Loop Trail on Dec. 13, 2002, three days after she was last seen at the Pu'uwai Momi public housing in Halawa, where she lived.

The girl's disappearance sparked a communitywide search and outpouring of support for the family.

Before Kahealani's body was found, Aki stood with the family as they made public appeals for the girl's safe return. He was a close family friend and boyfriend of Kahealani's half sister.

In the court statement he filed Thursday, Eddins said Aki would testify at trial that Kahealani had confided in him that she was being touched by Cacatian "in a sexually inappropriate way" and that Aki thought he and the girl could confront Cacatian in a manner that would not alarm family members or result in Cacatian going to jail.

Aki will testify that he arranged a meeting with Cacatian at the park at the top of 'Aiea Heights and brought Kahealani with him, the statement said. The two found Cacatian and another man smoking crystal methamphetamine, according to Eddins' statement.

Aki will testify that Cacatian became enraged when told about the allegations and was further enraged when Aki said he believed what the girl was saying, according to the statement.

The statement says Aki will testify that Cacatian ordered the girl out of the car and told Aki to stay where he was, that Cacatian "walked down a trail with Kahea" and that "shortly thereafter, Kahea was dead."

Aki also will testify that Cacatian held a gun to him and threatened to kill him and his family if he revealed what had happened, Eddins said in his statement.

Cacatian is the brother of the dead girl's mother, Lehua Tumbaga, and allegedly told Tumbaga in February 2003 that he was involved in the girl's death, according to the document Eddins filed Thursday.

That same document alleges that Cacatian's brother, Eldefonso "Poncho" Cacatian, recently told Aki that Dennis Cacatian had killed the girl and that he, Eldefonso Cacatian, had written letters to the city Prosecutor's Office and state Office of the Public Defender implicating someone other than Aki.

According to the document filed by Eddins, Eldefonso Cacatian told investigator Greg Tavares of the public defender's office on March 12 that his brother Dennis had told him "he had killed Kahea."

Aki was arrested the day Kahea's body was found, after police said he gave two statements — one implicating two men in the murder and a second admitting to the slaying. Police said the statements implicating the two men were discredited.

The hearing was held yesterday before Circuit Judge Virginia Crandall to determine whether the jury should be kept from hearing certain information.

Eddins told Crandall that Aki had made a "false confession" to police about killing the girl because he was afraid the real killer might retaliate against him or his family if he told the truth.

He said he wanted to tell the jury that Cacatian had been convicted of two counts of rape in 1979. City deputy prosecutor Glenn Kim argued that the rape conviction "from 25 years ago" is not relevant to the case.

When police searched Cacatian's 'Aiea home in February 2003, they found a pipe used to smoke crystal methamphetamine, a small amount of what might be crystal methamphetamine and some rifle magazines capable of holding more than the legally allowed number of bullets, Kim said.

Cacatian, who is represented by Weight in the case, is to be sentenced March 29 in federal court in connection with the rifle magazines. But no evidence was found during the search that would link him to the girl's slaying, Kim said.

Crandall said she would rule later on whether the jury can be told about Cacatian's former rape convictions.