KEALAKEKUA — Attempts to continue trial and retain new counsel were denied on the eve of trial for one of the suspects accused in the assault of a hotel security guard.
Wesley Samoa was shackled when he took the stand in 3rd Circuit Court to answer questions about why he wished to switch attorneys from Public Defender Ann Datta to a Honolulu attorney Barry Sooalo. Datta has represented Samoa since the preliminary hearing in September. She told the court Wednesday morning Samoa believes Sooalo is a better attorney.
“I felt I needed someone to really fight for me,” Samoa told the court. “From the get-go, I didn’t feel there was a connection between me and you.”
Samoa, 30, of Kona, along with Natisha Tautalatasi, 41, and Lama Lauvao, 30, both of Honolulu, are each charged with second-degree attempted murder in connection with the Sept. 17 incident at the Kona Seaside Hotel. Security footage shown during a preliminary hearing in the case showed the three assault the hotel security guard, John Kanui.
Following the assault, Kanui was airlifted to The Queen’s Medical Center on Oahu. He suffered a cervical spine fracture. The 63-year-old was later moved to a mainland hospital for further treatment. On Wednesday, Deputy Prosecutor Sheri Lawson said he has now been transfered to an assisted living facility.
On Wednesday, Datta and Lawson questioned Samoa as to why he was requesting the switch.
Samoa told the court getting a new attorney was something he thought about from the time he was initially charged. It was his family who helped facilitate finding Sooalo since he was incarcerated.
“I just feel he can help us,” Samoa said. “I feel like the public defender, they’re only going to do so much.”
When asked by Lawson how long ago Samoa and his family were looking to retain new counsel, Samoa responded he wasn’t sure on specific dates. However, he told the court his family didn’t have the money until recently to hire Sooalo.
Samoa confirmed with Lawson he was aware a firm-set trial date was set for Jan. 29.
Fujino was concerned about when the prosecutor’s office was notified. During pretrial motions on Jan. 16, oral motions were made to change counsel and continue trial on behalf of Samoa. Fujino would not hear the motions until written documents were filed with the court and continued the hearing to Wednesday.
During the hearing, Lawson said she heard rumblings there would be a request to switch, however, it wasn’t until the Jan. 16 hearing that they received notification.
“If it’s moved the state will be greatly inconvenienced,” Lawson said. “A lot of work goes into finding these witnesses.”
Fujino asked if one of the witnesses was the victim.
Lawson told the court Kanui is unable to fly at this time.
“He has no memory of the incident,” the prosecutor said. “He can talk, but he gets confused.”
Sooalo told the court he would need about two months to prepare for trial. However, Lawson added the prosecutor’s office was busy the next few months with different trials, including murder cases.
Postponing it, she reiterated, would be an inconvenience as witnesses become unavailable and evidence disappears.
Datta told the court Samoa has a constitutional right to request a private attorney.
“It’s a structural error if he’s denied counsel of his choice,” she said. “I don’t think inconvenience should overcome his choice.”
Datta said Sooalo appeared as soon as he was retained.
“It’s unfortunate they couldn’t get the money together before that,” she added.
Fujino questioned how the switch of counsel and motion to continue trial was not a dilatory, or a delay, on the eve of trial.
“I’m still not satisfied,” Fujino said of Samoa’s reasonings.
The judge denied the motions and jury trial is set to open on Jan. 29.
A fourth person, Mahealani Kanehailua, of Kona, was charged separately in connection to this incident. The Kona grand jury indicted the woman Nov. 5 on the charge of attempted first-degree hindering prosecution.
Kanehailua was initially not charged with a crime following the assault at the hotel — though she was the fourth occupant in a vehicle also carrying Samoa, Lauvao and Tautalatasi. According to police, the four in the hotel parking lot were playing music loudly when they encountered Kanui, asking them to turn it down.
Her trial is set for Feb. 5.