Prosecution Need only Disprove one of three Elements to Keep it a Class A Kidnapping
State v. Bailey (HSC December 24, 2013) Background. Ezra Kualaau contacted Andrew Rodriguez to buy crack cocaine. Rodriguez and Bladesin-Isaiah Bailey went to Kualaau’s house in a white Chevy Impala. Kualaau had no shirt or shoes on and was wearing basketball shorts when he joined them at a park across the street from his house in Waiau on the island of Oahu. Rodriguez sat in the driver’s seat, Bailey in the front seat passenger’s seat, and Kualaau in the back. After a cop car drove by, the Bailey and Rodriguez looked at each other, Bailey went to his trunk and Kualaau started getting hit. He was struck in the head and lost consciousness. He was handcuffed and placed in the trunk and then they drove off. In the trunk, Kualaau accessed his cell phone and texted his mother that he was being kidnapped and he called 911. The car drove to a cul-de-sac and parked. They placed a plastic bag and cloth over Kualaau’s head. They walked him up a trail and told him that if he made noise, they’...