Judge denies state’s request to suspend murder trial

The prosecutor in the state murder trial of a man accused of killing Jack in the Box restaurant manager Helen Prestosa asked the judge to suspend the proceedings Thursday until he can determine whether his key witness is able to continue to testify.

Deputy Prosecutor Wayne Tashima told Circuit Judge Karen Nakasone that Roger Rivera has some mental health issues and is under a doctor’s care. Rivera was on the witness stand Wednesday when that day’s proceeding ended early over concern for his health. An ambulance later transported him to a hospital.

“This is clearly more a concern of the health of a witness than the rights of the defendant in terms of continuing the trial,” Tashima said. “We have a right to a fair trial as well, not only the defense. That includes us being allowed to present a complete case.”

Rivera, 53, is defendant Jhun Ley Irorita’s father. Iro­rita, 26, is accused of killing 39-year-old Prestosa in November 2015.

Tashima told the jury in opening statements Monday that Irorita confessed to his father that he killed Prestosa, then had Rivera help him carry Prestosa’s body to his pickup truck. Some volunteers cleaning up trash on Tantalus found Prestosa’s skeletal remains at the bottom of a steep embankment five months later.

Rivera was in court Thursday, sitting in the hallway in view of the jurors. He testified Wednesday that he has a “sickness,” without saying what the sickness is, before Nakasone called a halt to the the day’s proceedings.

“My best information is he was taken out of here and released in the afternoon or early evening. He was essentially cleared. He wasn’t admitted to the hospital. He wasn’t admitted to the mental health ward,” said Christian Enright, Irorita’s lawyer.

Nakasone told Tashima she needs a doctor’s note concerning Rivera’s ability to testify. The trial continued with other state witnesses.

One was Rivera’s sister, Magadalena Baniaga. She said in December 2015 her brother told her that Irorita killed Prestosa. Baniaga said she urged Rivera to report what he told her to police and accompanied him to the Kalihi Police Station.

Police issued a Honolulu CrimeStoppers bulletin in January 2016, asking for the public’s help in locating Iro­rita. Honolulu police arrested Irorita in Waipahu but released him pending further investigation. They had yet to locate Prestosa. Irorita later went to jail for a year for violating a protective order.