HILO, Hawai'i — A paroled murderer from O'ahu who was indicted last year for allegedly raping a 12-year-old Big Island girl at a Pepe'ekeo church told police he had been drinking the day of the alleged assault, and does not remember what happened.

The deputy public defender representing Peter Kalani Bailey, 50, is asking Hilo Circuit Judge Glenn Hara to exclude from trial statements Bailey made to a police detective and a parole officer after he was arrested for the sexual assault, arguing that Bailey should have been allowed to speak with a lawyer or have a lawyer present during those interviews.

Hara listened to arguments yesterday on what evidence to allow, and said he will decide later after reviewing a video recording of the police interview. Jury selection is scheduled to begin next week for Bailey's trial on four counts of first-degree sexual assault.

Bailey was paroled in 2003 after he was convicted of robbing and murdering 17-year-old Carol Olandy of Makakilo in 1979. Bailey and Francis Talo were convicted of kidnapping Olandy from a parking lot at the Pearl City Shopping Center because the pair wanted the Camaro sedan Olandy was driving "to do a job," according to testimony in the 1979 trial.

The men took Olandy to a Kunia pineapple field and shot her. They then drove to Fort Ruger Market and robbed the store. They were arrested a few minutes after the robbery still driving Olandy's car.

Bailey was sentenced to life in prison with the possibility of parole for robbery and murder, and the Hawai'i Paroling Authority initially set his minimum sentence at 35 years. That minimum term was later reduced, allowing for Bailey's parole after serving less than 24 years.

Bailey lived on the Big Island after his release, and told police he was active in the Hamakua Coast Assembly of God church teaching music and choir. Neighbors said he also worked on projects on the church grounds, and had the keys to the building.

Police said Bailey picked up the 12-year-old girl at her home on the evening of July 22, 2007, and took her to the church for what was supposed to be "choir practice." There was no choir practice, and Bailey allegedly raped the girl in the church office.

A family member of the girl arrived at the church, witnessed the alleged assault and ran for help, police said. Family members then converged at the church and held Bailey there until police arrived.

A police officer who testified at the hearing yesterday said Bailey was bleeding from the right side of his face when officers arrived, and members of a group of people at the church were shouting.

During questioning yesterday, Bailey's parole officer, Flora Hookano-Delos Santos, testified that when she interviewed Bailey after his arrest in the rape case, Bailey told her he planned to plead guilty.

"He continued to state that it wasn't his fault, that he was intoxicated," Hookano-Delos Santos said.