The Maui News

Jury finds man not guilty of sexual assault and abuse charges

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WAILUKU — A Hana man who testified he wasn’t at a woman’s residence on nights that she reported being abused and sexually assaulted by him was found not guilty of all charges in his case.

A 2nd Circuit Court jury deliberate­d for about four hours before returning the verdicts Monday, acquitting Samuel “Hoku” Kalalau IV, 40, of three counts of felony abuse, second-degree terroristi­c threatenin­g, second-degree unauthoriz­ed entry into a dwelling, first-degree burglary, third-degree sexual assault and attempted first-degree sexual assault.

“We definitely want to thank the jury for their thoughtful deliberati­on,” Deputy Public Defender Danielle Sears said. “Samuel Kalalau is very grateful and relieved the jury saw what this case actually was. Sometimes the state does get it wrong, and this is why we have the system we have.”

A grand jury had indicted Kalalau on the charges alleging the crimes occurred during three incidents in January 2021.

The woman, who said she and Kalalau had been in an offand-on relationsh­ip that began when they were teenagers, testified he put his hands around her neck, nearly impeding her breathing, held her at knifepoint and pushed and shoved her when she went to his residence Jan. 14 to get her son. She said she didn’t feel she could leave until he fell asleep.

She said she was sleeping at her house Jan. 25 when Kalalau broke in, pulled off her blanket and threw a flask at a wall, leaving a hole.

She testified he again broke into her house Jan. 28 when she awoke as he was trying to force her into a sexual act. She said she was asking him to stop when her youngest son, who was sleeping with her, woke up.

Testifying in his defense,

Kalalau said he had no physical contact with the woman on Jan. 14 when she unexpected­ly showed up at his house, although he agreed that he may have hurt her with words.

He testified he didn’t go to her house uninvited on Jan. 25 and Jan. 28.

Kalalau said the woman begged him to get back together with her before he told her Feb. 24, 2021, that their relationsh­ip was over. Since Jan. 26, 2021, he had been in a relationsh­ip with another woman, Kalalau said.

On Feb. 26, 2021, the woman flagged down a police officer to make a report, and

Kalalau was arrested March 5, 2021.

She testified she decided to go to police after Kalalau posted about her on social media.

During closing arguments to jurors Monday, Deputy Prosecutor J.W. Hupp said the woman had delayed reporting what happened because she had been trying to “work things out, keep things calm” between her and Kalalau.

Now, “she’s found her voice and no more just keeping the peace,” Hupp said.

Sears, in her closing arguments, said there were inconsiste­ncies in the woman’s testimony and what she reported to police.

“None of these stories, none of these allegation­s happened,” Sears said. “None of her story makes sense.”

Judge Kelsey Kawano presided over the trial, which began with jury selection last week.

Kalalau, who was being held in lieu of $200,000 bail at the Maui Community Correction­al Center, was released in the case with the verdict Monday.

He continued to be held in lieu of $20,000 bail for allegedly violating his probation for second-degree unauthoriz­ed entry into a dwelling in a 2019 case.

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