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The Honolulu Advertiser
Posted on: Wednesday, May 5, 2010

Nānākuli man's retrial in sex-assault case begins

By Jim Dooley
Advertiser Staff Writer

The retrial of a 58-year-old Nānākuli man charged with repeatedly sexually assaulting a 15-year-old employee began yesterday in Circuit Court.

Henry Moisa allegedly performed oral sex on the victim on the first day he hired the youth for his portable toilet business in 2007 and was measuring him for a company uniform, deputy prosecutor Adrian Dhakhwa told jurors in his opening statement.

The assaults allegedly occurred at Moisa's house, at Bellows Field Beach Park and at Mokulē'ia, and ended in 2008, the prosecutor said.

"At first it was not consensual," Dhakwha said. Moisa paid the victim $5 every time the boy agreed to a sex act with Moisa, said Dhakwha.

That was far more than the $1.25 the boy was paid each time he cleaned a portable toilet, the prosecutor said.

"Eventually it evolves into a consensual relationship: he's getting something, the defendant's getting something," Dhakwha said.

Defense attorney Daphne Barbee said in her opening statement that the youth is lying about the sex assaults.

The alleged victim told police when he was interviewed in the case that "sometimes it's better to tell a lie," Barbee said.

Other part-time employees of Moisa's business, including a relative of the victim, will testify that they never saw Moisa behave inappropriately toward the victim or other employees, Barbee said.

Police began an investigation after the boy told a friend, who told a relative, who told the boy's mother, who filed a police report, Dhakwha told the jury.

The youth "wants the defendant to know that he wasn't the one who snitched," the prosecutor said.

When the case was first tried last year, it ended in a mistrial.

Circuit Judge Glenn Kim is presiding over the case.