A Kona Circuit Court judge will still render a verdict in a bench trial despite previously representing the defendant as a defense attorney.
Alexander Aquino, 48, of South Kona, pleaded not guilty to charges of first-degree unlawful imprisonment and persistent nonsupport in connection to allegations of keeping a minor under the age of 16 chained to a floor. He opted for a bench trial presided over by Kona Circuit Court Judge Wendy DeWeese, not a jury, April 26 and 27.
After the conclusion of the trial, DeWeese was made aware she represented Aquino as a public defender in 2009 and 2010 on charges of abuse of a household member, the same victim he is accused of first-degree unlawful imprisonment in the current proceedings.
On Tuesday, a status hearing was held to address the matter.
“Frankly, I have no recollection of representing you,” DeWeese told Aquino. “I stood in court with over 10,000 defendants during my employment with the Public Defender Office. I don’t believe I have any prejudice or bias against you because I don’t remember you.”
Both the state and defendant had no objection to DeWeese continuing to preside over the trial.
During the two-day bench trial, the alleged victim described being confined to a lanai, only allowed into the main house when having to use the bathroom. The minor also testified to being chained, around the neck, with a 20-inch chain to the floor at night with only a towel and blanket for a bed for over a year.
DeWeese will render her verdict in the case on May 18.
On April 22, Aquino’s wife Amy pleaded no contest to the charge of first-degree unlawful imprisonment. Sentencing for her is scheduled for July 8.
First-degree unlawful imprisonment is a class C felony punishable up to five years imprisonment.
