Kenneth Wakisaka Wiki, Biography
More than two decades ago, in 2002, Kenneth Wakisaka, 46, of Ko Olina, was convicted of second-degree murder in the strangulation death of his wife of 52 years, Shirlene Wakisaka, which occurred two years before their sentence. He received life in prison with the possibility of parole.
Wakisaka initially told first responders, who were called to his residence twice on April 5, 2000, that his wife consumed a lethal dose of sleeping pills with a beer in a suicide attempt. She died five days later. However, an autopsy revealed that the victim died due to lack of oxygen, probably caused by strangulation.
Kenneth Wakisaka’s conviction was later overturned in October 2003 due to prosecutorial misconduct and the ineffectiveness of his trial attorney.
Dateline: Secrets Uncovered on Oxygen is set to chronicle the decades-old alleged murder case of Shirlene Wakisaka, while her family is still seeking justice. The all-new episode titled The Vow will air on February 1, 2023 at 8:00 p.m. m. ET.
The synopsis says:
“Two tenacious sisters are determined to keep a promise to investigate the mystery surrounding their mother’s death.”
Kenneth Wakisaka’s wrongful conviction was overturned shortly after he was sentenced to life in prison.
In 2003, the Hawaii Supreme Court ordered a new trial for Kenneth Wakisaka after he was found guilty of killing his wife of 52 years, Shirlene, who coroners say died of oxygen deprivation caused by by strangulation. The case was later sent back to the state Circuit Court for a new trial after the high court vacated his second-degree murder conviction on October 23.
The judges stated that Wakisaka’s sentence was marred by insufficient legal assistance and the withholding of crucial testimony from his wife Shirlene’s doctor. The prosecution also made incorrect statements about Wakisaka’s decision not to take the witness stand and defend himself.
Under the law, a defendant has a constitutional right to remain silent to avoid involvement, and prosecutors are prohibited from commenting on a defendant’s refusal to testify.
As a general rule, the prosecution cannot comment on the defendant’s failure to testify because this infringes the defendant’s right not to be a witness against himself.
The high court reportedly wrote:
“As a rule, the prosecution cannot comment on the defendant’s failure to testify because this infringes the defendant’s right not to be a witness against himself.”
The Supreme Court’s decision stated that during the initial trial, Circuit Judge Marie Milks wrongfully prevented the victim’s doctor, Sharon Lawler, from testifying at the trial. Although the Supreme Court argued that Lawler “was intimately familiar with Shirlene’s emotional problems”, Milks argued that Lawler was neither a psychiatrist nor a psychologist.
The judges also criticized Wakisaka’s former attorney, Mal Gillin, for having Honolulu police detective Wayne Cambra testify in the false belief that Wakisaka strangled his wife to death. Gillin was also criticized for not contesting the prosecution’s statements about Wakisaka’s refusal to take the stand.
More on Kenneth Wakisaka’s 2002 trial and conviction resulting in life imprisonment
Two years after Shirlene Wakisaka’s death, a jury convicted Kenneth Wakisaka of second-degree murder and sentenced him to life in prison with the possibility of parole.
Before the official cause of death for her wife was established, several witnesses claimed that Wakisaka made off-the-cuff comments, stating that he did not strangle her. This was contrary to the testimony of the coroners who testified at trial that Shirlene Wakisaka died of brain damage inflicted by strangulation.
Wakisaka, however, maintained his innocence, claiming that his wife had a history of mental illness and that she overdosed on sleeping pills which she consumed with alcohol in a suicide attempt.
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