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The Honolulu Advertiser
Posted at 11:55 a.m., Wednesday, March 24, 2004

Suspect Aki's mother says she fears for her safety

By Peter Boylan
Advertiser Staff Writer

Patricia Aki, the mother of murder suspect Christopher Aki, on Monday sought and was granted a temporary restraining order against the family of Kahealani Indreginal, claiming in court documents that she fears for her safety.

In the filing, Aki claims Tanya Mamala-Tumbaga, her son's ex-girlfriend and the mother of her two grandchildren, called her last Saturday. Tanya is also the sister of slaying victim Kahealani.

During the conversation, Aki claims, Tanya's mother Lehua Mamala-Tumbaga, came on the line and began screaming at her, blaming her for the media coverage of new evidence related to her daughters death. Aki's attorneys claimed last week that Dennis Cacatian, Kahealani's uncle, is the killer.

The court document claims Lehua Mamala-Tumbaga told Patricia Aki, "watch your step".

Judge Hilary Gangnes granted the order for 15 days, and scheduled a hearing for April 6.

Last week, state Deputy Public Defender Todd Eddins did not identify the girl's uncle by name during the hearing, but a document he filed at Circuit Court on Thursday alleges that Dennis Cacatian is the girl's killer.

Aki's defense suggested in the past that someone else killed Kahealani, but the disclosures last 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 six days from now 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 community-wide search and outpouring of support for the family.

Before Kahealani's body was found, Christopher 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 Mamala-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 the slaying. Police said the statements implicating the two men were discredited.

Reach Peter Boylan at 535-8110 or pboylan@honoluluadvertiser.com.