The trial in the alleged 2021 murder of a 6-year-
old Waimanalo girl by her
adoptive parents has been pushed back nine months to Oct. 28 from Jan. 15 with all parties in agreement.
The adoptive father, Isaac “Sonny” Kalua, is now making a clear distinction between the crimes he is charged with and the crimes his wife is charged with, and has a motion before the court to set bail for him.
The couple has been jailed without bail since their Nov. 17, 2021, indictment.
He also seeks to have all statements he made to police suppressed, claiming he was not read his Miranda rights before being questioned by a detective, and that the statements should therefore be inadmissible for use as evidence at trial.
Lehua and Isaac Kalua reported their adopted daughter Isabella Kalua, whose birth name was Ariel Sellers, missing Sept. 12, 2021, but police said she died in mid-August and her body has never been found.
Isabella’s sister, then 12, revealed that her little sister’s mouth and nose had been duct-taped and that she lost consciousness before her death. Lehua Kalua directed her to help carry the girl into a bathtub of water allegedly to revive her, then assisted in bringing the child’s lifeless body to bed.
The 6-year-old allegedly had been kept in a dog
cage and denied food. Both sisters were also allegedly physically and mentally abused since Feb. 8, 2019, when they first went to the Kalua home.
In his motion for bail, Isaac Kalua says he is “charged with an omission offense, not the commission in Count 1 (both for second-degree murder). All available evidence and allegations against Mr. Kalua clearly point in that direction. He had nothing to do with the alleged commission.”
The motion points out that unlike his wife, he is not charged with two counts of abuse of a family member.
Kalua is additionally charged with hindering prosecution, including
murder, two counts of first-degree endangering the welfare of a minor (bodily
injury) and two counts of second-degree endangering the welfare of a minor (duty of care).
Lehua Kalua is also charged with the same hindering prosecution and endangering welfare of a minor charges as her husband.
Circuit Judge Paul Wong will hear the motion for bail Jan. 5.
Isaac Kalua’s court-appointed attorney, Donovan Odo, also filed a Dec. 17 motion to suppress statement, which is scheduled to be heard Feb. 26.
The motion says police Detective Alan Oku began a custodial interrogation at 1:38 p.m. Sept. 20, 2021, after Isaac and Lehua Kalua went into an interview room together, and he spoke with both of them for 27 minutes.
Isaac Kalua provided personal information such as his name, address and place of employment, but he was not read his constitutional right to remain silent, Odo alleges.
He said the detective characterized the interrogation as gathering information to “fill in the gaps. It’s a missing-child case.”
He had the couple sign consent forms to search their home video surveillance system, security door monitoring system and cellphones and to provide a buccal swab sample.
“Everything that we do is to try and focus on how do we, what are we missing?” Oku said. “What do we need to do, what things we need to look for or look towards to help us find her or find what happened to her. I’m hoping she’s alive, I’m hoping she’s kind of like lost.”
Before having them sign any consent form, Oku said, “Although it says crime, right now
it’s a missing-child
investigation.”
Lehua Kalua was then taken to a separate room, while her husband remained and was advised of his constitutional right against self-incrimination, the motion says.