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The Honolulu Advertiser
Posted on: Saturday, April 18, 2009

TRIAL BEGINS FOR TWO MEN ACCUSED IN 2004 BEATING DEATH
Kona Street killing detailed

By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Attorneys accompany Ulutunu Faumuina Jr., second from right, and John W. Penitani, far left, both charged with second-degree murder.

BRUCE ASATO | The Honolulu Advertiser

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Hawaii news photo - The Honolulu Advertiser

Mikiala Kahalewai

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The trial of two men accused of beating and stomping Mikiala Kahalewai to death outside a Kona Street bar in 2004 began yesterday morning in Circuit Court.

Charged with second-degree murder are Ulutunu Faumuina Jr. and John W. Penitani.

Deputy Prosecuting Attorney Kory Young told jurors in his opening statement that the victim, 26, had problems with alcohol and anger and had urinated on and inside Faumuina's truck "but none of that will justify the stomping to death of Mikiala Kahalewai."

The victim "was helpless and he was defenseless as the defendants delivered stomp after stomp, kick after kick" on him as he lay in the street shortly after 1 a.m. April 19, 2004, Young said.

Faumuina's lawyer Howard Luke told the jury his client is not guilty and had acted to defend himself in the face of Kahalewai's enraged aggression.

Faumuina "didn't intend to cause the death of Mikiala Kahalewai," Luke said.

Deputy Public Defender Teri Marshall said that on the night of the assault, John Penitani "does not hit him, John does not stomp him, John does not touch him."

Marshall acknowledged that when Kahalewai was lying in the street, Penitani pulled the body to the curb and then removed the victim's shorts and shirt as a way of saying "shame on you" to Kahalewai.

By urinating in Faumuina's truck, Kahalewai had in effect "urinated on the grave" of Faumuina's father, she said.

The truck was purchased in memory of Ulutunu Faumuina Sr., who died with six other members of the Faumuina family in a 1997 Palolo house fire, Luke told the jury.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.