Mental evaluation delayed in Halloween murder case

KAILUA-KONA — A hearing to consider a mental evaluation for a woman accused of second-degree murder was continued Monday after the defendant was not brought to court by the state Department of Public Safety.

Ashley Rose Nihipali, 34, and Kuuipo Leinaala Nihipali, 32, both of Hawaiian Paradise Park, were indicted in early August by a Big Island grand jury on charges of murder, abuse, evidence tampering, terroristic threatening and other offenses in connection with the Oct. 31, 2018, murder of 6-year-old Mazen Kaniela Nihipali-Moniz. The women are also accused of abusing him and his four siblings for months prior.

Each pleaded not guilty last month to all of the charges and are set to stand trial in November. However, the defense filed a motion to suspend proceedings and order a mental examination of Kuuipo Nihipali. The motion was sealed and not available for public perusal.

Circuit Court Judge Robert D.S. Kim was set to take up the case Monday morning but Kuuipo Nihipali was not present for the proceedings. Court-appointed defense counsel for Kuuipo Nihipali said the woman was not transported from Hawaii Community Correctional Center in Hilo.

Kim continued the hearing until Sept. 23 and asked for an order to show cause HCCC Warden Peter Cabreros to explain why the defendant was not brought to court. Co-defendant Ashley Nihipali, who had no motion before the court Monday, was transported for the hearing per protocol in cases with more than one defendant.

Kuuipo Nihipali is charged with one count second-degree murder; one count second-degree murder as principal and/or accomplice; six counts second-degree felony abuse of a family or household member as principal and/or accomplice; first-degree hindering prosecution as principal and/or accomplice; tampering with evidence as principal and/or accomplice; and two counts first-degree terroristic threatening as principal and/or accomplice, according to an indictment handed down July 31.

Ashley Nihipali is facing one count second-degree murder as principal and/or accomplice; six counts second-degree felony abuse of a family or household member as principal and/or accomplice; first-degree hindering prosecution as principal and/or accomplice; tampering with evidence as principal and/or accomplice; and two counts first-degree terroristic threatening as principal and/or accomplice, according to the indictment.

Both remain confined at HCCC in lieu of $1 million bail.

Nihipali-Moniz was pronounced dead about 5:30 p.m. Oct. 31, 2018, after being taken by medics from the Kailua Fire Station to Kona Community Hospital. The 6-year-old was brought unconscious by a family member to the station.

Police said the child was reportedly involved in an “incident” and been found unconscious at the Lailani Apartment complex on Manawalea Street. The child’s death was ruled a homicide after autopsy results revealed the cause of death involved trauma.