Judge Camacho says OAG failed to submit witness list on time

Just as the jury trial of Kyle Cabael, a Hawaiian man facing charges over a dive shop burglary, started in Superior Court yesterday, a problem suddenly arose: The prosecution failed to submit a witness list before the deadline.
This prompted Associate Judge Joseph N. Camacho to excuse the jurors early and ordered them to come back in court today, Wednesday.

Camacho asked defense counsel Colin Thompson and assistant attorney general Jacinta Kaipat to submit briefs as to what options the court has—whether to dismiss the case, proceed with the trial, or continue the trial to another date.

Camacho completed the jury selection yesterday morning. Thompson and Kaipat then conducted their opening arguments in the afternoon.

After the opening arguments, Kaipat informed the court of the government’s intent to call its first witness—Sharlene Blas. Thompson objected as the Office of the Attorney General did not submit a witness list by the deadline.

OAG filed witness list only after the deadline. But Presiding Judge Robert Naraja, who handled the pre-trial matter in the case, states that those witnesses will not be allowed to testify.

Kaipat told the court that she didn’t find a filed copy of the witness list by the deadline.

After reviewing the file in the case, Camacho cited that on Aug. 13, 2013, Presiding Judge Naraja issued a pre-trial order that directed the parties to submit a witness list on or before Feb. 5, 2014, or a day before the pre-trial conference.

Camacho said the government failed to file a witness list on the deadline.

Kaipat refused to comment to the media after the hearing. She is not the prosecutor that was originally assigned to the case.

Assistant attorney general Barbara Cepeda is assisting Kaipat in the case.

The OAG charged Cabael and Franco B. Singeru with burglary, theft, conspiracy, and criminal mischief. Singeru pleaded guilty.

The burglary happened at Past Time Dive Shop in Susupe on Oct. 7, 2012. Reported stolen were 21 scuba tanks, diving suits, and fins.

Cabael and Singeru were arrested in January 2013 after police’s investigation identified them as behind the burglary at Past Time Dive Shop.

Police recovered 17 of the 21 scuba tanks, one diving suit, and a pair of fins from the Sky Garage Sale in San Jose.