Wednesday, March 6, 2024, Kaden Kanae spoke by phone to his musical partner, Jacob Acupido.

The pair, who are the same age and grew up on Oahu’s North Shore, are the two members of the “Jawaiian” rap group “Topshakaz.”

Kanae, whose stage name is “Rudeboikadenz,” and Acupido, who performs as “Jake Dawg,” formed Topshakaz about 2013 when they were still in high school.

March 6 was Kanae’s 28th birthday, and their telephone call was recorded because Kanae was confined in the Oahu Community Correctional Center, where he has been held since his arrest soon after the September 29, 2018 shooting death of 40-year old Thomas McCandless in Haleiwa.

Kanae was indicted for murder in October 2018, and held in custody for over five years before his case went to trial in February.

The trial, which took three weeks, had just ended the day before Kanae’s birthday when jurors were unable to reach a unanimous verdict and the judge declared a mistrial.

During the trial, Kanae’s defense attorney had challenged the credibility of witnesses who identified Kanae as the shooter, and cited conflicting evidence, even including the confession of another person who claimed he had been the gunman.

As prosecutors prepare to retry the case, they filed a notice that they consider Topshakaz’ most popular song evidence to be used against Kanae in a second trial.

The song, “Kold Blooded Soulja,” has had over 6 million listens on Spotify to date, and a version on YouTube has been played over 1,350,000 times. It, and other Topshakaz music, is available on Apple Music, Spotify, Soundcloud, YouTube, and can also be found on TikTok.

Kanae is credited with the composition and lyrics of Kold Blooded Soulja, and his image is featured in the art that accompanies the song.

“The lyrics are relevant and admissible to establish Defendant’s identity as the shooter,” prosecutors claim in their notice of intent to use the song as evidence.

The lyrics, which can be found online, include this phrase: “I’m a murderer, ahh, yeah, yeah, I’m a robber, yeah.”

Later: “I’m a cold-blooded soldier, up in the streets, I leave a whole ass punk nigga fucking deceased.”

“This is an admission of wrongdoing, not fictionalized boasting,” prosecutors allege.

Honolulu attorney Sam P. King, Jr., who currently represents Kanae, said the prosecution’s attempt to use the lyrics as “an admission of wrongdoing” will certainly be challenged, but that challenge will occur only if the case actually heads to a retrial.

King has also filed a motion to dismiss the charges against Kanae due to a “double jeopardy” violation.

The jury in Kanae’s first trial deliberated for a total of not much more than a single full day before telling the judge they could not reach a decision. King argues that after a three week trial, with extensive and conflicting testimony, the jury should properly have been directed to continue deliberating in order to provide a fair trial.

In a case like this, King argues, “it would not be unusual for a jury to be deliberating for a week.”

In a telephone interview on Monday, King said that while the trial judge might not grant the motion, it would be one of the issues to be raised on appeal.

Kanae and a cousin, Keoni Adric, were peripheral figures whose names have come up during the racketeering trial of former Honolulu business owner Michael J. Miske Jr. Both have been described as members of the North Shore Boys, a gang on Oahu’s North Shore that forged an alliance with Miske’s organization, and allegedly took part in planning or carrying out at least a pair of robberies.