honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Sunday, October 14, 2007

Hawaii racketeering defendant also suspect in man's disappearance

By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Robert H. Kaialau III

spacer spacer

A man on trial on federal racketeering and assault charges is suspected of killing a California man who disappeared from a Waikiki nightclub in 2000, according to documents recently filed in federal court.

The suspect in the case is Robert H. Kaialau III, 37, who worked as a bouncer at the Evolution Waikiki nightclub the night Carlos V. Carrillo, 28, went missing.

Kaialau was indicted with 10 other men in March on charges of using violence and intimidation to extort businesses and gain control of illegal gambling operations here. He has been held without bail after prosecutors argued that he is a danger to society.

All 10 of Kaialau's co-defendants in the federal case have pleaded guilty and agreed to testify against him, but the defendant says he is not guilty of the crimes and claims he is the victim of overzealous prosecutors. Trial in the case will resume Oct. 24 before U.S. District Judge David Ezra. It is expected to continue into next month.

Kaialau recently filed court papers that include an Aug. 23 letter from the prosecutor in his case, Assistant U.S. Attorney Thomas Brady, detailing terms of a proposed plea bargain offer from the government.

In return for Kaialau's guilty plea in the racketeering/assault case and "complete cooperation with law enforcement," Brady said his office would agree, among other things, not to seek a new racketeering indictment of Kaialau "related to the murder of Carlos Vincente Carrillo."

Brady also said he couldn't make any promises about that case on behalf of local law enforcement.

"Obviously, the U.S. Attorney's Office cannot negotiate on behalf of the state of Hawai'i and its respective law enforcement investigations and future prosecutions," the letter said.

Brady would not comment on the letter. Kaialau's lawyer, Rustam Barbee, also would not comment.

Lt. William Kato, head of the homicide detail at HPD, could not be reached for comment on the case Friday.

Jim Fulton, executive assistant to City Prosecutor Peter Carlisle, would not discuss Brady's letter or any pending case involving Kaialau.

Kaialau rejected Brady's offer, which would have required him to serve as much as 30 years in prison.

Witnesses at the Evolution nightclub told police that the night Carrillo disappeared, he was involved in a fight with a bouncer after Carrillo groped the bouncer's girlfriend.

Carrillo's girlfriend, Jennifer Bray, also was at the club that night because she said Carrillo called her and asked her to drive him to the couple's home in Hale'iwa because he was intoxicated.

She told police that bouncers at the club beat Carrillo and one of them kidnaped her, driving her around O'ahu for hours before releasing her.

In a brief telephone interview Friday, Bray said from the Mainland that no one from law enforcement in Honolulu has contacted her "for a long time" about the case.

Kaialau told police that he had taken Carrillo to the airport and that Carrillo had flown to Las Vegas. No one has been charged in connection with Carrillo's disappearance.

Police searched the Waimanalo Gulch landfill for evidence in the case after Kaialau told them he had rented a moving van the morning after Carrillo's disappearance and used it to haul a soiled rug and barstools from the nightclub for disposal at the landfill. Carpeting was recovered from the landfill as well as from a trash bin outside the nightclub.

In recent years, Kaialau has become active in community efforts to close the Waimanalo Gulch landfill and has researched alternative waste disposal technologies.

Despite the gravity of the charges against him, Kaialau received an outpouring of community support after his March arrest, with dozens of letter writers urging that he be released on bail, court files show. Six retired Honolulu police officers and three current officers were among those who wrote support letters.

Among the letter writers who asked court officials to consider Kaialau's eligibility for bail after his arrest in March were environmental activist Carroll Cox; Kurt Fevella, former chairman of the 'Ewa Neighborhood Board; and Wayne Kano, chief executive of Kano Trucking, one of the largest trucking companies in the state.

All spoke highly of Kaialau's character and of his commitments to the environment, to family and friends.

Similar letters were received from active and retired police officers.

Among the letter writers is Sgt. Lee Donohue Jr., son of the former HPD chief, who wrote he had known Kaialau for 11 years.

"Robert has helped my beat partners and myself on a number of occasions, dealing with drunks and large affrays," Donohue wrote. "Robert would also give us information on who to watch out for and who he knew was involved in criminal activity, which was a great benefit to us and helped keep us safe."

HPD spokesman Capt. Frank Fujii said department regulations do not prohibit officers from writing such personal letters.

Retired HPD Sgt. Vernon Kilborn wrote that he has known Kaialau for 15 years and described him as "a very close friend."

Kilborn said Kaialau "has never shown a propensity towards violence. Being a police officer, I would not tolerate or befriend a person who I felt was not in good character."

Despite all the support letters, Kaialau was never released on bail, in part because of letters which he wrote in May from behind bars at the Federal Detention Center. The government obtained copies of the letters and used them as evidence of Kaialau's dangerous character.

One letter was written to retired officer Kilborn, who Kaialau addressed as "Killa."

In the letter, Kaialau raged about his then-attorney's inability to schedule a new bail hearing with the court and about his lack of telephone privileges while in lockup.

"I feel like if someone was in my presence and say the wrong thing, I could 'rip' his ... head off his body," the letter said.

Attempts to reach Kilborn for comment were unsuccessful.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.