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Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
26-SEP-2025
08:06 AM
Dkt. 140 SO
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellant, v.
ANTHONY MORENO, Defendant-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CPC-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Leonard and Wadsworth, JJ.)
Plaintiff-Appellant State of Hawai i (State) appeals

from the August 7, 2023 Findings of Fact, Conclusions of Law, and

Order Granting Motion to Dismiss Indictment for Pre-Indictment

Delay (Dismissal Order) entered by the Circuit Court of the

Second Circuit (Circuit Court).1

In its point(s) of error, the State contends that the

Circuit Court erred in granting Defendant-Appellee Anthony

Moreno's (Moreno's) December 5, 2022 Motion to Dismiss Indictment

for Pre-Indictment Delay (Motion to Dismiss), in which Moreno

alleged that he was prejudiced by the loss of evidence resulting

from the eighteen-year delay in bringing charges against him.

Upon careful review of the record and the briefs

submitted by the parties, and having given due consideration to

1
The Honorable Kirstin M. Hamman presided.
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the arguments advanced and the issues raised, we resolve the

State's points of error as follows:

On October 27, 2000, Kimberly Belluomini's

(Belluomini's) body was discovered in her second-floor apartment

unit (Apartment) in the Southpointe Condominiums in Kihei, Maui

(Southpointe). After she did not show up for work that morning,

Belluomini's brother, Todd Assmann (Assmann), and a work

colleague of Belluomini's went to the Apartment to look for her.

When they arrived, the deadbolts to the security screen door and

front door of the Apartment were both locked. Assmann used his

set of keys to enter, and he found Belluomini's bedroom door

locked. Assmann kicked the bedroom door in and found Belluomini

deceased under a blanket, with pillows on her head. She was

found lying on her back with a torn blouse, skirt, and bra. Maui

Police Department (MPD) launched an investigation that day to

determine whether Belluomini's death was a homicide. The

investigation was led by Detective Brian Kaya (Kaya), aided by

his supervisor, Lieutenant Glenn Cuomo (Cuomo).

On October 26, 2000, the previous evening, Belluomini

went to Henry's Bar & Grill in Kihei (Henry's). While at

Henry's, Belluomini spoke at length with the bartender, Kyle

Oshita (Oshita), and two other men, Keith Feigum (Feigum) and

Moreno. Several witnesses reported that Belluomini was

intoxicated that evening, and at one point, Oshita cut her off

from drinking. Moreno told the police that he had sex with

Belluomini after leaving Henry's together and going back to her

Apartment. Belluomini also had been drinking wine at her

brother's house earlier that evening. She also had an OBGYN

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procedure earlier that day, which the Circuit Court determined

the State had introduced for the purpose of suggesting that

Belluomini would not have wanted to engage in sexual intercourse

with Moreno that evening.

On November 25, 2019, more than nineteen years after

Belluomini's death, Moreno was indicted on one count of second

degree murder. Moreno was extradited from Florida to Hawai i and

taken into custody on $1 million bail pending trial. In granting

the Motion to Dismiss in 2023, the Circuit Court made findings

and conclusions concerning MPD's investigation, which include,

inter alia, the following.

Henry's Bar Witnesses

Karen Blomker (Blomker) reported to MPD that, on the

evening of October 26, 2000, at Henry's, Belluomini was talkative

and slurring her words. At one point, Belluomini started walking

towards the employee bathroom instead of the public bathroom,

staggered, and nearly fell. Blomker saw Belluomini kiss Feigum,

but she believed Belluomini was more interested in the bartender,

Oshita. In 2023,2 Blomker stated she had little memory of the

events, expressed an unwillingness to cooperate, and lived out of

state in Alaska.

Jodi Svela (Svela) also reported seeing Belluomini

walking towards the employee bathroom rather than the public one,

and she later observed her dancing with Moreno. In 2023, Svela

no longer remembered what Belluomini or Moreno looked like.

2
The date "2023" is used broadly because that is when the hearings
took place on the Motion to Dismiss, and to generally indicate the long period
of time between the initial investigation after Belluomini's death in 2000,
and the state of evidence after Moreno was indicted in November of 2019.

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During the initial investigation, Curtis Steele

(Steele) said that he saw Belluomini struggle to light a

cigarette until Moreno helped her; he is now deceased. James

Hueu (Hueu) reported that Belluomini and Moreno appeared to be

having a good time together and she did not appear to be bothered

by Moreno. Hueu no longer remembers the evening.

David Sarandria (Sarandria), the owner of Henry's,

observed that Belluomini was acting out of character that night,

and that she might have been under the influence of something.

He had known Belluomini for six years and had never seen her "so

messed up." In 2023, Moreno attempted to locate Sarandria and

requested assistance from the State. The State's investigator

testified that Sarandria resides in Arizona.

During the initial investigation, Feigum reported that

both he and Moreno were trying to take Belluomini home that

night, that an off-duty bartender (Hancock) arranged a cab for

Belluomini, that Moreno got into the cab first, and Belluomini

got in after him. Feigum asked Belluomini something to the

effect of "you sure you want to go with this guy," meaning

Moreno, and she responded "well, yeah. It'll be all right

[sic]." Feigum has passed away.

The cab driver, Robert Lewis (Lewis), reported that he

was parked outside of Henry's at around 10:00 p.m., on October

26, 2000, and shortly afterwards, he observed Moreno kissing

Belluomini while Hancock was speaking to her outside of Henry's.

Hancock gave Belluomini's keys to Lewis and told him to give them

back to her only after they got to her Apartment. Moreno told

Lewis, "I'm gonna ride with you, but I want you to bring me

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back." Before leaving the parking lot, Moreno told Lewis to stop

so he could get some beer out of his car. After retrieving a

cooler from a vehicle, Moreno got back in the cab and Lewis

exited the parking area. Belluomini and Moreno talked to each

other during the ride, but Lewis could not recall what they said.

After they arrived at Southpointe, Moreno exited the cab and

Belluomini leaned forward between the two front seats and

whispered to Lewis, "Don't leave me." Lewis believed Belluomini

was joking and helped her out of the cab. After Moreno exited

the cab, he told Lewis to wait for him and that he wanted to be

picked up at 6:00 a.m. Lewis declined Moreno's requests. Lewis

believed Moreno and Belluomini were both intoxicated, and he

observed that Belluomini was unsteady on her feet, Moreno's

speech was slurred, and it was raining heavily that night. Lewis

has since died.

Southpointe Witnesses

Julie Morioka and her husband Danny Morioka (Danny)

shared a wall with Belluomini's Apartment. Neither of them heard

anything suspicious the night of October 26, 2000. During the

initial investigation, Danny stated that he was awake until 1:00

a.m., putting together an entertainment set. In 2023, neither

Moreno nor the State was able to locate the Moriokas.

Edmund Engel and Jodee Engel (the Engels) were

Belluomini's downstairs neighbors. Edmund heard a toilet flush

in Belluomini's apartment around 1:00 a.m., and again at 3:00

a.m., followed by the sound of bath water flowing. Edmund did

not hear any yelling, screaming, or fighting coming from the

Apartment. After the Circuit Court held the first hearing on the

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Motion to Dismiss, the State obtained a local address contact

information for Mr. Engel using a police-only subscription

service. Moreno was unable to locate the Engels, but believed

Ms. Engel resided in Oregon.

Glory Boteilho lived in an adjacent building and was

home all evening from 5:00 p.m., until 7:00 a.m. the following

morning. During the initial investigation, she said that she did

not hear or see anything unusual. Neither Moreno nor the State

was able to locate her in 2023.

Eliezer Alcain (Alcain) lived in an adjacent building

and was home all evening from 9:30 p.m., until 4:30 a.m. the

following morning. Alcain saw nothing suspicious, and his dog

did not bark throughout the night or make any unusual

disturbances. Neither Moreno nor the State were able to locate

Alcain in 2023.

Kelly Lopes (Lopes) reported he was sitting on his

outside balcony from midnight until 2:00 a.m.; Lopes's balcony

faced the parking lot near Belluomini's building. Lopes did not

hear or see anything strange or unusual in the parking lot or

near Belluomini's building; he has since had a stroke and no

longer has memory of the night in question.

Susan Martin (Martin) was on her lanai between 10:00

p.m., and 10:45 p.m. to watch the rain; she did not see anything

out of the ordinary. Neither Moreno nor the State was able to

locate her in 2023.

Moreno's Written Statement:

Cuomo and Kaya interviewed Moreno on or about

November 3, 2000, one week after Belluomini's death. Moreno gave

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a written statement that he met Belluomini that night, they

eventually went back to her Apartment, engaged in consensual sex,

showered, and that he left an uninjured Belluomini shortly after.

Moreno reported that he walked from the Apartment to the beach to

finish the beers that he had in his cooler, after which he walked

back to Henry's to retrieve his truck.

Forensic Evidence

On October 28, 2000, Dr. Anthony Manoukian (Dr.

Manoukian), medical examiner and forensic pathologist for Maui

County, performed an autopsy on Belluomini. He reported two

lacerations to Belluomini's scalp, one above her forehead and one

above her ear. Her skull was not fractured. She died as the

result of a brain hemorrhage at the base of the skull. Though

Kaya's investigative report states that Belluomini had a

fractured right wrist, Dr. Manoukian's autopsy report does not

indicate a wrist fracture, nor does it indicate the volume of

blood remaining in her body. Dr. Manoukian concluded

Belluomini's manner of death was homicide. Dr. Manoukian

collected DNA swabs from Belluomini's mouth and vagina, but he

did not document the procedure used. At a Circuit Court hearing

concerning the admissibility of DNA evidence, the State called

Former MPD Crime Scene Technician, Vincent Souki (Souki), who

testified that Dr. Manoukian did not properly handle the DNA

evidence and never submitted them for processing. Souki

testified that, of the close to a thousand autopsies he attended

as a crime scene technician, he never observed another medical

examiner divert from normal procedure in the way Dr. Manoukian

did. Dr. Manoukian's report indicated the presence of a reddish

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dye in Belluomini's hair. Kaya testified at the hearing on the

Motion to Dismiss that he later spoke to Dr. Manoukian who told

him that the red substance was blood, not hair dye, contrary to

his report. The Circuit Court found Kaya's 2001 report more

credible than his 2023 in-court testimony, and that factual

questions exist about whether Belluomini had hair dye or blood in

her hair. The autopsy also includes a neuropathological

consultation by Dr. John Hardman (Dr. Hardman) – also deceased in

2023 – and a toxicology report by Dr. Clifford Wong (Dr. Wong),

which indicated Belluomini's blood alcohol content (BAC) at the

time of death was 0.187. Dr. Hardman did not opine on a manner

of death, but he noted that intoxication and barbiturate levels

in Belluomini's blood were likely contributory, and that

asphyxiation cannot be ruled out as a cause of death. Dr.

Manoukian's report omits reference to asphyxiation as a possible

cause of death. Because Dr. Manoukian had passed away, the State

had forensic pathologist Dr. Rachel Lange (Dr. Lange) review Dr.

Manoukian's original report and the case file in 2019. Based on

Dr. Manoukian's report, Dr. Lange concluded the manner of death

was homicide.

In May 2001, Cuomo contacted Dr. Michael Baden (Dr.

Baden), a forensic pathologist associated with New York State

Police Crime Lab. Cuomo apparently also contacted Dr. Henry Lee

(Dr. Lee) to review the case photos. As a basis for the

supplemental medical consultation, Cuomo wrote in his report: "I

was concerned because the brain injury was on the opposite side

of the external injury." Dr. Baden believed Belluomini's brain

injury was a contra-coup injury, meaning that the internal injury

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occurred on the opposite side of the external injury, which is

much more consistent with a fall (a head in motion striking a

stationary object) than it is with an object striking the head.

Dr. Baden opined, based on the materials reviewed, that the

manner of death is undetermined. Dr. Lee opined that, based on

the crime scene photographs, it did not appear Belluomini's

injuries were sustained within the Apartment. Dr. Lee is

reportedly retired and there are no findings regarding Dr.

Baden's availability to testify. However, Cuomo is dead. Kaya

stated he did not know why Cuomo felt he needed a second opinion

as to the manner of death.

Disposition of the Investigation

Kaya's 2001 report closes with the statement: "the

manner of death is undeterminable, with the two most likely

scenarios being either an accidental fall or an intentional act

of some kind as in the case of being shoved." At a hearing on

the Motion to Dismiss, Kaya testified his conclusion was

incorrect and should have reflected the manner of death as

homicide, consistent with Dr. Manoukian's report. The Circuit

Court found Kaya's 2001 report more credible than his 2023

testimony. Kaya's report further stated that an examination of

the Apartment, including Belluomini's bedroom, "did not yield a

location from which her injuries may have occurred." It also

stated that "the case has been sent to the Department of the

Prosecuting Attorney for review." At a hearing on a motion to

suppress, Kaya testified he submitted his report to the

prosecutor's office in September of 2001.

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Further Post-Investigation Facts

Aside from meeting with Belluomini's son Steven Bruner

(Bruner) in 2007, the MPD undertook no further investigation into

Belluomini's death after 2001. In 2017, Souki, who was getting

ready to retire, informed MPD Lieutenant Nelson Hamilton

(Hamilton) about the prior investigation into Belluomini's death.

After reviewing the case files, Hamilton indicated he believed

the case was solvable, that it was ready to go to trial, and that

Moreno was a "clear suspect." Hamilton presented the materials

to the prosecutor's office. The DNA swabs that Dr. Manoukian

took of Belluomini's body were recovered from "the old morgue"

and sent for testing, which yielded a positive match for Moreno.

Hamilton indicated he expected the DNA to match Moreno because

Moreno informed MPD he had consensual sex with Belluomini on the

night of October 26, 2000. Aside from Dr. Lange's 2022 opinion,

which was based in large part on Dr. Manoukian's report, no other

evidence was presented to the grand jury that could not have been

presented eighteen years prior.

Circuit Court's Disposition of the Motion to Dismiss

At a hearing on the Motion to Dismiss, Kaya testified,

inter alia, as follows.

Kaya had never previously consulted with another

medical examiner besides the one who performed the autopsy, but

for some reason his supervisor Cuomo decided he needed to. When

asked about the bedroom door being found locked, Belluomini's son

Bruner had said that his mother habitually locked her bedroom

door. There was no visible damage or disturbance to the

Apartment and no presence of blood, but there was soil on the

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carpet. Belluomini's house keys were in her Apartment, and some

of her former long-term boyfriends "may have been in possession"

of copies of the keys, including former boyfriend David Boteilho

(David). David had told Kaya that he took a call from Belluomini

early the morning of October 27, 2000, shortly after midnight,

and Belluomini said she thought there was someone outside

possibly trying to gain entrance into her Apartment. David told

her to call the police. Levi Boteilho, David's son, said he also

received a phone call from Belluomini two hours later. Thus,

Kaya concluded Belluomini was still alive at 3:00 a.m., on

October 27, 2000. Kaya received information that Belluomini was

afraid of "another former boyfriend," Dennis Henderson

(Henderson). Kaya "received[] information that," some days

prior, Henderson was at Belluomini's house at 2:00 a.m., and she

asked him to leave because another male was about to come over

and she did not "want any issues."

During MPD questioning, Moreno stated that he went to

Belluomini's apartment after they left Henry's, they had

consensual vaginal and anal sex, Belluomini defecated herself

during the anal sex, Moreno obtained towels so that they could

both clean themselves off, and Moreno placed a towel between

Belluomini's legs. Moreno initially stated that he and

Belluomini showered together, but later said he was the only one

who showered. Moreno's written statement stated that he walked

to the beach to "finish [his] beers, 3 or 4," but it is unclear

as to whether he meant three or four beers, or three or four

o'clock in the morning.

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In granting the Motion to Dismiss, the Circuit Court

concluded, inter alia, as follows.

There was an eighteen-year lapse in time between

investigation and indictment. The investigatory work from 2017

to 2019 uncovered no new evidence. Because of the delay, several

witnesses critical to the defense died, and several more cannot

be located despite Moreno's good faith efforts. Among other

things, Moreno is unable to ask Cuomo why he sought a second

opinion as to the cause of death. Cuomo's testimony may have

helped support Moreno's theory of an accidental fall or that

Belluomini was killed by someone else, outside of her Apartment.

Moreno could not question Cuomo as to the reason for the delay in

prosecution or as to the differences between Moreno's written

statement and oral statement, as alleged by Kaya. Moreno is

unable to question Dr. Manoukian about: the "unorthodox" DNA

swabbing procedure he employed; Dr. Hardman's conclusion that

asphyxiation cannot be ruled out; Dr. Baden's opinion that the

likely cause of death was a fall; why Belluomini's wrist fracture

was missing from his report; why he purportedly told Kaya the

presence of red hair dye in the report was a mistake; and why he

did not measure the level of blood in Belluomini's body, which

may support a theory that she was injured outside of the

Apartment. Moreno cannot question Lewis about whether it was

raining that night, about Belluomini's level of intoxication, or

whether she was acting consistently with someone desirous of

engaging in sexual intercourse. Lewis's statement about Moreno

getting his cooler from his car may tend to corroborate Moreno's

account to MPD that he left the Apartment early enough to go to

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the beach to finish his beers. Moreno cannot question Feigum

about how Belluomini was acting, her level of intoxication, and

that she said she wanted to go home with Moreno. Evidence from

Belluomini's neighbors that nothing unusual was observed or heard

that night would support Dr. Baden's opinion that she died from a

fall rather than from being struck, which in turn supports

Moreno's theory of an accidental death. Finally, the State

provided no justification for the delay.

The State timely appealed the Dismissal Order.

In State v. Higa, 102 Hawai i 183, 186-87, 74 P.3d 6,

9-10 (2003), the supreme court articulated the standard of review

for an appeal from an order granting a motion to dismiss for pre-

indictment delay as follows:
In reviewing a constitutional due process claim of
prejudice engendered by preindictment delay, the due process
inquiry must consider the reasons for the delay in
prosecution as well as the prejudice to the accused.
Therefore, a balancing approach is applied, weighing the
substantial prejudice to the defendant's right to a fair
trial against the reasons for the delay.

We review a circuit court's findings of fact in a
pretrial ruling according to the following standard:
Appellate review of factual determinations made by the trial
court deciding pretrial motions in a criminal case is
governed by the clearly erroneous standard. A finding of
fact is clearly erroneous when (1) the record lacks
substantial evidence to support the finding, or (2) despite
substantial evidence in support of the finding, the
appellate court is nonetheless left with a definite and firm
conviction that a mistake has been made. The circuit
court's conclusions of law are reviewed under the
right/wrong standard.

(cleaned up). "[A] COL that presents mixed questions of fact and

law is reviewed under the clearly erroneous standard because the

court's conclusions are dependent upon the facts and

circumstances of each case." State v. Miller, 105 Hawai i 394,

400, 98 P.3d 265, 271 (App. 2004). The Circuit Court's

determination of substantial prejudice to Moreno's due process

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right to a fair trial presents mixed questions of fact and law

and is reviewed for clear error.

Based on the record in this case, including the above,

we conclude that the Circuit Court did not clearly err in

concluding that Moreno showed substantial prejudice in

conjunction with the eighteen-year delay in the prosecution of

the case. In particular, the Circuit Court did not err in

concluding that the deaths of Dr. Manoukian, Dr. Hardman, Cuomo,

Lewis, Feigum, and Steele, as well as the memory loss or other

unavailability of multiple other witnesses resulted in the loss

of significant evidence that potentially corroborated Moreno's

statements and theories of the case, and foreclosed significant

avenues to challenge and defend against the State's case against

him.

The State also does not challenge the Circuit Court

findings and conclusions that the delay spanned over eighteen

years, no new evidence was found, and that it provided no express

reason or justification for the delay.

Accordingly, we conclude that the Circuit Court did not

err or abuse its discretion in balancing the actual substantial

prejudice established by Moreno against the State's explanation

for the delayed prosecution and dismissing the case.

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For these reasons, the Circuit Court's August 7, 2023

Dismissal Order is affirmed.

DATED: Honolulu, Hawai i, September 26, 2025.

On the briefs: /s/ Karen T. Nakasone
Chief Judge
Chad Kumagai,
Deputy Prosecuting Attorney, /s/ Katherine G. Leonard
County of Maui, Associate Judge
for Plaintiff-Appellant.
/s/ Clyde J. Wadsworth
Matthew S. Kohm, Associate Judge
for Defendant-Appellee.