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9th Circuit Upholds Native Hawaiian’s Hate Crime Verdict, Orders New Sentencing Hearing

Affirming the 2023 jury finding of racial motivation, the court sent Kaulana Alo-Kaonohi’s case back for resentencing that could extend his prison term by up to three years.

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Overview

  • The 9th U.S. Circuit Court of Appeals affirmed Kaulana Alo-Kaonohi’s conviction for the 2014 shovel attack on Christopher Kunzelman, backing the jury’s hate crime determination.
  • Judges remanded his case for a new sentencing phase under federal guidelines that could add as many as three years to his original six-and-a-half-year sentence.
  • Co-defendant Levi Aki Jr. saw his appeal and prosecutors’ cross-appeal of his four-year term voluntarily dismissed, solidifying his custody status.
  • The Hawaii Innocence Project plans to challenge Alo-Kaonohi’s conviction, arguing his defense was ineffective and the term ‘haole’ was mischaracterized.
  • The victim’s family highlighted Kunzelman’s lasting brain injuries and the resulting personal and community fallout over property access.