KAILUA-KONA — A Circuit Court judge’s concern over “conflicting motions” has him needing more information from attorneys before rendering a decision in a Kona murder case.
Judge Robert D.S. Kim on Monday took up a continued hearing on a trio of motions in the case against Kuuipo Leinaala Nihipali and Ashley Rose Nihipali, two Puna women accused of killing 6-year-old Mazen Kaniela Nihipali-Moniz on Halloween and abusing him and his siblings for months prior. The matter came before the court last week but was delayed to Monday because Kuuipo Nihipali was not transported to the hearing.
The motions seek to suspend proceedings for mental evaluation of Kuuipo Nihipali; continue trial for Ashley Nihipali; and allow Ashley Nihipali’s counsel to withdraw due to conflict of interest.
Kim’s concern raised Monday relates to the first two motions because the defendants are being tried in a consolidated — or single — case. The judge questioned how the court’s suspension of one portion of the case while continuing trial in another portion would not violate a defendant’s right to a speedy trial.
After prodding the counselors, Andrew Kennedy for Ashley Nihipali; Ann Datta for Kuuipo Nihipali; and Chase Murray for the state, in court, Kim said he’d need the litigators to present to him more with written briefs containing more defined argument and reference to legal authority.
“I want to make the right call, because if I make the wrong decision, it will have adverse impact on one or more of your clients, and possibly the state,” Kim said.
The briefings are due to the court by Friday, and Kim is set to make a ruling on the three motions on Oct. 2. He indicated Monday that he would grant Kennedy’s motion to withdraw once the issue with the first two motions is resolved.
The Nihipalis, both of Hawaiian Paradise Park, were indicted in early August by a Big Island grand jury.
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.
Each pleaded not guilty last month to all of the charges and are set to stand trial Nov. 12. 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.