KAILUA-KONA — A Kona Circuit Court judge’s concern about “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 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 last year and abusing him and his siblings for months prior. The matter came before the court last week but was delayed 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 because of a conflict of interest.
Kim’s concern relates to the first two motions because the defendants are being tried in a consolidated case. The judge questioned how the court’s suspension of one portion of the case while continuing trial in another would not violate a defendant’s right to a speedy trial.
After prodding counselors, Andrew Kennedy for Ashley Nihipali, Ann Datta for Kuuipo Nihipali and Chase Murray for the state, Kim said he’d need the attorneys to present written briefs containing more defined arguments and references to legal authority.
The briefings are due to the court by Friday, and Kim is set to make a ruling on the three motions Oct. 2.
The Nihipalis of Hawaiian Paradise Park were each indicted in early August. Each pleaded not guilty last month to all charges, and they are set to stand trial Nov. 12.
Both remain confined at HCCC in lieu of $1 million bail.