Judge declines to drop indictment in Isabella Kalua murder case

Lehua Kalua, who was indicted in the 2021 death of her 6-year-old adopted daughter, Isabella Kalua, born Ariel Sellers, unsuccessfully sought Monday to have the murder and hindering prosecution charges dropped.

Circuit Judge Paul Wong denied the argument of Kalua’s latest court-appointed lawyer, Emlyn Higa, that the language in the Nov. 17, 2021, indictment was defective.

Higa had argued that including the “murder by omission” charge in the indictment was flawed because he claimed that omitting to perform a legal duty to call for help could not have saved Isabella Kalua in time.

Lehua Kalua was indicted in 2021, along with her husband, Isaac “Sonny” Kalua III, for second-­degree murder, abuse and other related charges in connection with Isabella Kalua’s death. The indictment also had charged the couple with abusing the girl’s 12-year-old biological sister, whom they also had adopted.

Wong reiterated testimony that was told to the grand jury by Isabella Kalua’s sister, which said Kalua was being starved, placed in a dog cage for sneaking out for food, and that duct tape had been placed on her nose and mouth.

The sister’s testimony noted that the Kaluas were at the beach washing pots and that they got a dog to put in the dog cage soon after Isabella Kalua died.

“The state doesn’t have the burden of proving alleged illegal acts,” Wong said. “It is the duty of the defense to prove prejudice.”

He found the indictment was sufficient for the grand jury to conclude that the murder by omission could have been through Lehua Kalua’s starvation of the girl, as revealed in testimony by her sister before the grand jury.

Higa, who was appointed to represent Kalua on July 30 after she requested new counsel, disagreed with Wong’s ruling.

He said, “If there is a conviction and appeal, some of these matters that are raised can be part of an appeal.”

But more than a dozen of Isabella Kalua’s relatives, friends and community supporters who were in attendance appeared pleased by the ruling.

Waimanalo resident Lourdes Millan said, “The judge did his homework. He wanted to make sure there was no way to get out of it,” citing several cases to prove his point.