Makana Boinville Emery, just 8 when kidnapped five years ago and her mother slain at a North Shore vacation rental, took the witness stand Friday in Circuit Court at the murder and kidnapping trial of Stephen Brown.
The girl, now 13, testified that on Dec. 7, 2017, while her mom, Telma Boinville, went inside “to do some last-minute touch-ups” before guests were due to arrive, she remained in their gold-colored Toyota Tacoma pickup truck parked outside watching a movie.
That’s when “a guy came out to the truck. He had green hair and he had a white shirt. He came to the truck and grabbed me. He told me something,” she said, sounding younger than her years. “‘We killed your mom.’”
Boinville Emery kept a downward gaze as she was escorted to and from the witness stand and throughout her testimony, never once looking up at Brown, now 28, seated across the courtroom in a blue-and-white checked shirt.
The young teen was among the last witnesses called by Deputy Prosecutor Scott Bell before resting his case in the trial, which began Monday.
Brown, originally from Florida, alleges that his ex-girlfriend Hailey Dandurand killed Boinville, 51, but admits to the burglary and kidnapping charges. Dandurand, like Brown, is charged with second-degree murder and two counts of kidnapping.
Brown’s lawyer said the pair were camping on the beach when they discovered the empty rental on Ke Iki Road in Pupukea, found a way in, cooked breakfast and looked for items to steal, including bottles of liquor.
Dandurand, 25, who is from Oregon, has accused Brown of abuse. She is scheduled to be tried separately in July. Judge Rowena Somerville permitted the case to be severed after all parties agreed.
Boinville Emery said “the guy” carried her into the house and into a side room, and a girl with reddish-pink hair appeared five seconds later. The male then carried her upstairs while the girl followed, she said.
“They took me to the bed and tied me to the frame,” she said, but she couldn’t recall who taped her mouth shut.
Boinville Emery said she heard some some noises downstairs, “but I couldn’t hear much” and never saw the two again.
Her father, Kevin Emery, also testified Friday, recalling the phone call he got from police about his wife and daughter and then rushing to the vacation rental. He said he comforted his daughter, who eventually described the suspects.
“The guy had green hair and the girl had pinkish hair,” he testified.
Emery said he shared that information with his twin brother, Brian, who obtained a photo of the couple on social media. Emery showed it to his daughter, who confirmed they were the suspects, and she “pushed the phone away from her.”
He said he shared the information with police.
Police detectives testified that Boinville Emery picked out Brown from a photo lineup but failed to identify Dandurand in a photo lineup.
People on social media thought they spotted the couple at a nearby Foodland store, Emery said, and a crowd of community members tracked down the pair near the Mililani Walmart, where police arrested them.
On Thursday, Mackenzie Omalza, then 15, testified she had gone to the Mililani Walmart that evening with her mother, parking next to a gold Toyota Tacoma. She testified she saw the driver with greenish hair but didn’t get a good look at him. Omalza said she saw a woman get out of the vehicle and identified Dandurand as that person when police drove her by the Starbucks where Dandurand was being detained.
Omalza said police stopped her and her mother because they initially thought they had gotten out of the truck.
Testifying Friday was Christopher Inouye, a city medical legal investigator, who said he found Boinville lying prone with a plastic bag over her head, her hands and ankles tied together, with apparent wounds on her neck, throat and arms.
Dried blood was on the garage floor, hallway, living room floor, a chair, rug and glass doors.
He said he saw a hammer and kitchen mallet near the body and a machete on an ottoman with dried blood.
Honolulu Police Department criminalist Erin Miranda, an expert in forensic DNA analysis and serology, testified as to numerous swabs she took at the scene. She said Boinville’s DNA either matched or was likely hers on a folding pocketknife, meat tenderizer tool, hammer, kitchen knife and rope.
During cross-examination by the defense, Miranda said Brown’s DNA was excluded from blood swabbed from the handle of the meat tenderizer, the kitchen knife and hammer, and she could not conclude that his DNA was on the machete or pocketknife.
But Boinville’s DNA was found on Brown’s bloodstained shorts and on his hands and right leg, Miranda said.
A photo of Dandurand’s hands showed blood under her fingernails, and swabs taken from her hands matched Boinville’s DNA.
Brown’s hands did not visibly show much blood, but a bloodstained washcloth found on the driver’s side of the console in the Toyota Tacoma had DNA from both Boinville and Brown.
Police officers earlier testified that Brown used his teeth to tear through paper bags taped over his hands after his arrest and licked the blood from them.
Former Honolulu Chief Medical Examiner Christopher Happy testified Friday in gruesome detail about the multiple fractures found in Boinville’s skull that left part of her brain exposed. He said he discovered several chop wounds to the back of her skull from a heavy weapon such as a cleaver, machete or sword.
Boinville also had numerous sharp- and blunt-force wounds to her face, cheek and upper jawbone that went deep into the bones, he said. The violent attack also left abrasions and contusions on her face, ribs, shoulders and elsewhere, and defensive wounds to her hands and forearms, as well as stab wounds to her thigh and left hip.
During cross-examination Happy said he could not say whether the injuries were inflicted by a single person or whether a woman was capable of causing such wounds.
HPD Cpl. David Kaawa, when cross-examined Thursday, said that before her arrest Dandurand told him, “Officer, you may as well pull your gun out. After today my life is over.”
Police testified Brown had made similar statements to police.
HPD Capt. Sandi Fujitani-Awaya testified Friday that Walmart video surveillance showed Dandurand and Brown browsing electronics inside the store. The video also showed Dandurand wearing Boinville Emery’s pink-and-purple backpack and taking Boinville’s bank card out from the pocket of her hoodie to pay for a Boost Mobile phone charger.
The courtroom gallery was packed with many from the North Shore community and others who wanted to support the family. One of Boinville’s close friends said it was tough to hear the testimony.
“When it happened the whole Sunset community just wrapped their arms around her,” said longtime neighbor Marie Rittenhouse, referring to Boinville Emery. “Her father did a great job and spent a lot of time with her.
“Telma was very well loved and so is their whole family,” she said, noting the victim had helped students at Sunset Elementary School.
Emery testified that Boinville, a native of Brazil, assisted mostly Brazilian students at the school who were not native English speakers.
Correction: An earlier version of this story included incorrect testimony dates for some individuals.