City Prosecutor Peter Carlisle yesterday abruptly dropped his request for an "enhanced" prison term of life without the possibility of parole for convicted killer Kirk Matthew Lankford.

Three psychiatric experts failed to find that Lankford, 23, met the legal requirement of a "significant history" of violent criminal conduct necessary to qualify for the enhanced sentence.

Convicted last month of murdering Japanese visitor Masumi Watanabe, 21, in April 2007, Lankford will now be sentenced July 31 by Circuit Judge Karl Sakamoto.

Sakamoto thanked the jurors for their service and released them from completing the sentencing phase of the case, which had been expected to last as long three weeks.

Carlisle said, "As a practical matter, this moves the battle from court to the parole board," where the city will ask that Lankford serve "an exceptionally high number" of years behind bars before he is considered for parole.

Defense attorney Donald Wilkerson said he will appeal the guilty verdict and criticized jurors for reaching their decision in the case last month after a day and a half of deliberations.

There was too much evidence and testimony delivered in the trial to properly review in that amount of time, Wilkerson said.

But one juror, Wai'anae High School teacher Phillip DePorto, said the panel "took all the time (needed) to review the case" before returning the guilty verdict.

"It was a very good jury," he said. "We all worked together as a team."

CONFLICTING OPINIONS

Lankford's mother, Trish Sander, apologized on behalf of her son and family to Watanabe's family.

The victim's parents, Hideichi and Fumiko Watanabe, attended the early stages of the murder trial before returning home to Sado Island, off the coast of Japan.

They also attended a Kawaiaha'o Church ceremony last month to commemorate the one-year anniversary of the disappearance of their daughter.

An extremely shy young woman, Watanabe was staying with relatives on the North Shore of O'ahu when she disappeared while walking on the side of Pupukea Road the morning of April 12, 2007.

Her remains have never been found.

Lankford testified at trial that he accidentally sideswiped Watanabe with his truck that morning, injuring her slightly. Then, when he was trying to drive her home and communicate with her in English, Watanabe suddenly dove out of the truck while it was traveling an estimated 40 mph.

He said she died from a head injury incurred when she dove headlong from the truck.

A technician with Hauoli Pest Control earning more than $70,000 per year, Lankford said he was afraid of losing his job, his wife and family if he reported what happened.

So he stored Watanabe's body in the back of his work truck for 12 hours while he completed his job duties, he testified. He first tried to bury the body and then disposed of it offshore of Kualoa Ranch on O'ahu's Windward Coast, he said in the trial.

Juror DePorto said he did not believe Lankford's version of events.

"I felt he might have deceived some people," DePorto said.

Lankford only revealed his version of events when he took the witness stand, but his mother said yesterday he wanted to tell his story to prosecutors and police last year after he retained Wilkerson.

But the authorities wouldn't listen, preferring to go to trial, both Sander and Wilkerson said yesterday.

"The Watanabe family went through a whole year of misery for no reason," Sander said.

Sander also said her son plans to appeal his conviction. "We don't think all the facts came out," she said.

'NOT DANGEROUS'

Carlisle was seeking the life-without-parole sentence for Lankford because he said the defendant was a violent offender and would pose a danger to the community if ever released from prison.

He planned to offer evidence of an alleged earlier sex assault case involving Lankford in the sentencing hearing, as well as allegations of spouse abuse made by Lankford's wife.

Sander derided those allegations yesterday, saying the victim of the alleged assault never identified Lankford. Although questioned by police in that 2006 case, Lankford was never charged or even arrested.

Sander also said Lankford's wife lied about her husband because she became romantically involved with another man last year.

None of the evidence was presented yesterday because three experts — one appointed by the court and the others working for the prosecution and defense — could not agree that Lankford had the legally required history of violent conduct.

Wilkerson said the prosecution's expert came to that conclusion after the defense made Lankford available for an interview in prison over the weekend.

The interview lasted "several hours," said Wilkerson.

The expert "decided Mr. Lankford is not dangerous," Wilkerson said.

Neither prosecutor nor defense attorney would specify how much time they expect the Hawai'i Parole Authority will require Lankford to serve before his first parole hearing.

But Wilkerson warned family members in court that it could be as much as 40 years. Carlisle said the minimum term will be "as high as I can get it."