Two defendants originally convicted of the attempted murder of a security guard at the Kona Seaside Hotel are free after a jury found them guilty of lesser offenses in a retrial that concluded Wednesday.
The Hawaii Intermediate Court of Appeals ordered a new trial for two of three people convicted of beating John Kanui in 2018.
The three-judge panel handed down its opinion in September 2022, ruling the Third Circuit Court abused discretion in admitting and presenting to the jury video of Kanui receiving treatment at a rehabilitation hospital in Colorado three months after the Sept. 17, 2018, incident at the hotel.
Following five days of trial, jurors on June 25, 2019, convicted Wesley Samoa and Natisha Tautalatasi each of attempted second-degree murder and Lama Lauvao of first-degree assault. Samoa and Tautalatasi were sentenced to life in prison with the possibility of parole, while Lauvao was ordered to serve 10 years behind bars on Sept. 13, 2019.
The trio subsequently filed appeals, which were consolidated into a single case outlining 18 points of error. The Intermediate Court of Appeals ruled on just four of the 18 points raised by the defendants, stating that the remaining points were not reached since a new trial was ordered.
The appeals court in its review found the lower court erred in allowing the video of Kanui, because prior to it being played during trial, jurors had already heard testimony from medical experts regarding the “degree, nature, prognosis, and permanence of Kanui’s injuries,” in addition to statements from Kanui’s daughter about her father’s condition when she visited him in the months after the incident.
With that “alternative proof,” the need for showing the video was “slight,” the appellate court ruled, agreeing with the defendants that the court violated Hawaii Rules of Evidence 403. The rule states, in part, that evidence, while relative to the case, may be excluded if its value is outweighed by the danger of unfair prejudice, confusion or misleading the jury, or is needless presentation of cumulative evidence.
“Balanced against the marginal probative value of the rehabilitation video, the potential of unfair prejudice caused by the unnecessary, cumulative admission of the video was substantial. In our view, the graphic nature of Kanui’s disability depicted in the video would create an ‘undue tendency to suggest decision on an improper basis’ due to the emotional and sympathetic response the video would evoke in an average viewer,” the intermediate court of appeals ruling’s discussion reads. “Thus we conclude that the Circuit Court abused its discretion by allowing the state to admit the rehabilitation video; and given the impactful nature of the video, we cannot conclude that this error was harmless beyond a reasonable doubt.”
After the appeals court ruling, Samoa and Tutalatasi were indicted again in March in Kona Circuit Court on charges of second-degree murder, with bail set at $250,000 each.
The jury in the retrial on Wednesday found Samoa guilty of second-degree reckless endangering, a misdemeanor offense. Tautalatasi was found guilty of second-degree assault, a Class C felony.
The two defendants were released on their own recognizance, having been incarcerated since their arrest. Second-degree assault carried a prison term of up to five years and second-degree reckless endangering up to one year.
Since the defendants have served over five years, they cannot serve any additional time for the guilty offenses.
Lauvao was not part of the retrial and is still serving time for the assault.
Samoa’s court appointed attorney Doris Lum praised the jury for reaching the verdict in what she called a very difficult case.
“I think the jury did an amazing job considering the evidence. It wasn’t an easy case,” she said pointing out that there was a serious injury involved and video from a hotel security camera. “We are happy that my client had his opportunity to tell his side of the story of what happened.”
Samoa and Tautalatasi took the stand in their own defense in the latest proceedings, something they did not do at the first trial.
“We put everything on the table, good or bad,” said Lum. “This time we were going to tell them (the jury) what happened and what went through their mind. Hopefully that made the difference.”
Sentencing is set for April 22 where Lum said issues such as restitution and statements from the victim’s family will be heard, but as far as punitive measures, the maximum has already been met.
“Hopefully that will bring closure for the family,” she said.
The charges stem from an incident that occurred early Sept. 17, 2018, when Samoa, Tautalatasi and Lauvao got into an altercation with Kanui while in the parking lot of the hotel, rendering him paralyzed after being beaten by the trio.
“Our office sought justice for John Kanui and his ohana, his friends and our community,” said Hawaii County Prosecuting Attorney Kelden Waltjen. “While we are disappointed in the verdict, we respect the jury’s decision. Our office will remain resilient and continue to seek justice for victims.”
Kanui, who suffered a cervical spine fracture, remained paralyzed in a care facility on the mainland until his death in September 2020.
