3 law firms suing multiple parties in Kalua case
Aug. 15—Three Honolulu law firms are suing the adoptive parents of Isabella Kalua, the state, the Department of Human Services and Catholic Charities Hawaii on behalf of the child's estate and her four surviving siblings.
The Kaluas were indicted in November 2021 on charges of second-degree murder, abuse, hindering prosecution, persistent nonsupport and endangering the welfare of a minor in Isabella's death, and abuse of her older sister.
One allegation in the complaint not mentioned in the criminal case filed against the Kaluas is possible sexual abuse of both Isabella and her older sister, who was 12 at the time of Isabella's death, that was revealed in medical records dated Nov. 8, 2019. The complaint does not say who is responsible for the sexual abuse.
Police said her sister revealed that Isabella, also known by her birth name Ariel Sellers, had been beaten, starved and kept in a dog cage with her mouth and nose taped, resulting in her death on or about Aug. 12, 2021, but the Kaluas reported her disappearance Sept. 13.
"Catholic Charities Hawaii cannot comment on ongoing legal matters," a spokesperson said.
Randall Rosenberg of law firm Rosenberg McKay Hoffman said, "(I)t's not clear who all the abusers were. Some were identified. Those identified did not include the Kaluas, so we are attempting to firm up that the Kaluas were also involved, but have not had the chance to do that yet."
No one has been charged for the sexual abuse.
DHS first placed one of Isabella's siblings born in 2008 in foster care with the Kaluas, then Isabella and her older sister in 2019.
The complaint seeks compensatory damages, saying the siblings experienced extreme terror and fright, pain, suffering, anguish, fear of impending death, anxiety, emotional distress and conscious pain and suffering prior to Isabella's death. Much of what happened to Isabella occurred under the supervision of the Department of Human Services, and was not open to the public.
In this case, a court- appointed special master was able to gain access to such records prior to the appointment of a personal representative of the estate and a conservator for the sisters, said attorney Michael Cruise of Leavitt Yamane & Soldner.
The lawsuits allege negligence and misconduct on the part of the state, DHS and CCH for their failure to keep the children safe, since their natural parents were incapable of caring for them, and instead placed them with Lehua Kalua and Isaac "Sonny" Kalua III, who were never parents. Lehua Kalua had a drug and criminal history, and Isaac Kalua had a criminal history of terroristic threatening and assault; both also had substantial financial debt.
According to the lawsuit, DHS and/or CCH received a series of reports regarding Isabella and the complaint alleges they did nothing. They include:
>> July 3, 2019, an eyewitness said Isabella was beaten by Lehua Kalua and was being starved. Yet DHS did no significant investigation, and found the allegations unconfirmed and no action taken, the lawsuit states.
>> Nov. 11, 2019, medical records indicate likely sexual abuse of her and her older sister. Other records say Isabella was suffering from multiple personality disorder, known as dissociative identity disorder, "invariably caused by severe childhood trauma/abuse," the complaint says.
>> Feb. 24, 2020, a schoolteacher reported her wearing a long-sleeved T-shirt under her school uniform on a hot day. The teacher made her take it off because it was too hot. After school, she went to the parking area for a ride home, but immediately returned to the classroom "shaking, trembling, crying hysterically, asking for the long-sleeved shirt."
DHS noted a social worker would follow up at the next home visit.
Instead, on Feb. 25, 2020, DHS recommended the family court judge terminate the biological parents' rights for Isabella and two of her siblings, and recommended adoption by the Kaluas.
