KAUAI POLICE DEPARTMENT
Vicente Hilario:
He had his murder conviction overturned by an appeals court on procedural grounds
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The Hawaii Supreme Court on Friday reversed an appellate court decision to dismiss a murder conviction against a 29-year-old Anahola man.
The Intermediate Court of Appeals in March had dismissed a first-degree murder conviction against Vicente Hilario on procedural grounds. Hilario had been convicted for the 2010 shooting death of 34-year-old Aureo Moore of Kapaa. The defense had argued that Hilario’s trial date was more than 180 days after his arrest.
The Supreme Court on Friday vacated the appeals court decision, concluding the Kauai Circuit Court was not at fault for the delay of Hilario’s September 2012 trial date. According to a news release from Kauai County spokeswoman Mary Daubert, the delay was “caused by a late notice of an alibi defense filed by Hilario’s counsel.”
Hilario is serving a sentence of life without the possibility of parole at Saguaro Correctional Center in Arizona for fatally shooting Moore at close range at Anahola Beach Park in December 2010. Moore was scheduled to testify as a witness in a robbery case involving Hilario’s friend.
Honolulu attorney Keith Shigetomi, who represents Hilario, declined to comment on Friday’s decision.
Although the March 2013 murder conviction still stands, an appeal is ongoing.
The case will be sent back to the Intermediate Court of Appeals to address pending matters such as the jury selection process. Shigetomi is arguing that jurors for the murder trial were questioned at the bench in Circuit Court without Hilario being present.