Posted on: Saturday, May 28, 2005

Autopsy of fetus still leaves questions

By David Waite
Advertiser Staff Writer

Police and the medical examiner are continuing an investigation into the discovery Thursday of a fetus buried in the yard of a Kalihi home.

An autopsy was performed yesterday morning, but by late afternoon, police and the medical examiner's office had not determined whether the infant had been born alive, identified its gender or say how the baby died.

Honolulu Police Lt. Bill Kato, who heads the homicide investigation team, said additional toxicology tests will be needed to determine whether the infant had been born alive.

"Those tests will probably take at least a couple of weeks to perform," Kato said.

City Prosecutor Peter Carlisle said the prosecution of anyone involved in burying the remains "hinges on whether (the body that was recovered) meets the legal definition of a 'person.'

"A person is defined as a human being who has been born and is alive" at the time the crime against them takes place, Carlisle said.

The medical examiner's office is working independently of his office to determine if the remains that were found were those of an infant who was "alive at some point," Carlisle said.

The police were at the house from about 1:45 p.m. to 6 p.m. questioning the residents and taking samples, including swab specimens from the remains.

The two-story house sits about 30 feet back from the sidewalk. Unlike most of the surrounding homes, the house where the body was found is not protected by a chain-link fence.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-7412.