A Circuit Court judge denied setting bail Friday for a Waimanalo man accused of murdering his adopted 6-year-old daughter in the summer of 2021.
Isaac “Sonny” Kalua III and his wife, Lehua, have been held without bail at Oahu Community Correctional Center for the past two years since they were indicted Nov. 17, 2021, on charges of murder of Isabella Kalua (also known as Ariel Sellers) and related crimes. Their trial is set for October.
Deputy Prosecutor Tiffany Kaeo objected to Kalua’s motion for bail, telling the court that he is a serious flight risk since he faces a sentence of life imprisonment without the possibility of parole, and there is a high risk he would obstruct or attempt to obstruct justice, possibly injuring, intimidating or attempting to injure or intimidate a prospective witness or juror.
The state’s key witness, who gave a detailed description of the circumstances, is the now 14-year-old sister of Isabella, whose body has never been found.
The state gave notice in the indictment that the Kaluas are eligible for an extended term of imprisonment if found guilty of second-degree murder, which is life without the possibility of parole.
“While Defendant alleges that the main witness for the State is no longer in the care of the Kalua family, the State has no current information regarding the permanency of the situation,” the state said in its written opposition.
Judge Paul Wong said that given the hindering prosecution charge, “there is a serious risk of obstruction,” along with the second-degree murder charge and two counts each of persistent nonsupport and endangering the welfare of a minor. He said he will adopt the previous findings made by the Circuit Court.
Kalua appeared before the court Friday morning, thinner from his initial arrest photo, his gray hair longer. He is no longer clean-shaven, sporting a full beard instead and glasses.
Kalua filed a motion Dec. 17 to have the court set bail for himself alone, saying that his charge of second-degree murder is murder by omission, not commission, which his wife is charged with.
The state argued in its written opposition: “It is irrelevant whether defendant is charged with an omission or commission offense.
“The facts of the murder in the second degree charge for defendant include the allegation that defendant denied aid to his six year old adopted daughter when she was found unresponsive after being tied up and put in a dog cage, next to a toilet, in their downstairs bathroom.”
Kalua’s court-appointed attorney, Donovan Odo, said at the hearing that his mother has moved back to Hawaii and has been taking care of things for him. According to the motion, she took care of selling his Waimanalo house for him, the house in which 6-year-old Isabella reportedly died.
He does have one prior conviction of assault, but “that was over 20 years ago,” Odo said.
Odo suggested Kalua could wear an electronic monitoring device and would abide by any stay-away order.
