HILO, Hawai'i — A Big Island woman accused of attempted murder by omission in a 2005 child abuse case wants to plead guilty to a lesser assault charge.

Keith Shigetomi, lawyer for Hyacinth Poouahi, filed a request with Hilo Circuit Judge Glenn Hara arguing Poouahi should be able to plead guilty to first-degree assault in the case of a 10-year-old girl who was found with horrific and extensive injuries, including decomposing cuts on her head and wounds that suggested she had been bound.

In addition to Poouahi's plea, Shigetomi also contends that the attempted murder charge against her should be dismissed. Poouahi would then go to trial on the remaining charges.

Deputy Prosecutor Rick Damerville opposed that request, arguing that under state law Poouahi does not have the right "to plead guilty to a lesser included offense on the face of the indictment to knock out the greater offense. ..."

Hara would not accept the guilty plea on the assault charge yesterday, but left open the possibility that he may allow the plea later after considering more arguments. Jury selection for Poouahi's trial began yesterday in Hara's Hilo courtroom.

Poouahi, 39, was indicted on five felony charges, including kidnapping, terroristic threatening, first-degree assault and endangering the welfare of a minor. The attempted murder by omission count alleges Poouahi witnessed assaults and injuries to the child, and had a duty to seek help for the girl.

Poouahi was caregiver to the girl, and called for an ambulance to her 'Ainaloa home on Feb. 7, 2005, when the girl could not be roused. Court records say the ambulance crew found the girl lying on a lanai of the home with a cut on her head that was "decomposing and containing maggots."

A doctor at Kapi'olani Medical Center for Women & Children who treated the girl told police the girl was malnourished and dehydrated, had a festering wound on her face, had cigarette burns and broken bones in her left hand and left foot, and had other injuries that suggested she had been bound, court records say.

The girl's injuries were so severe that she went into cardiac arrest at the hospital and had to be revived, according to court records.

Poouahi has said the girl's injuries were largely self-inflicted, and said the girl's condition suddenly deteriorated on Feb. 6, prompting her to call an ambulance the following day.

However, one of Poouahi's daughters told police she saw Poouahi, Poouahi's live-in boyfriend and Poouahi's son "beat up" the girl. The son was 13 at the time, and is now 15.

The daughter, who is now 17, also told police she begged Poouahi to seek medical treatment for the girl, but told authorities that Poouahi refused.

The girl, who is now 12, is living with her father and grandfather on the Big Island, according to Circuit Court records.

The girl's father and paternal grandfather earlier this year sued Poouahi, the state Department of Human Services and the state Department of Education in connection with the alleged abuse.

The girl attended Keonepoko Elementary School, and the suit alleges the girl's mother told officials that she could not care for the girl, and was placing the girl with Poouahi and her children. The lawsuit alleges one or more school officials then helped obtain or complete legal documents to allow Poouahi to be the girl's caregiver.

The suit said the girl had many unexcused absences from school, and alleges those absences were not properly reported to the state Department of Human Services.

The lawsuit also said that at some point while the girl lived at the 'Ainaloa home, she told school officials that she was being harmed, but the school did not report the matter to the state Department of Human Services. State law requires school officials to report all cases of suspected abuse.

Greg Knudsen, spokesman for the Department of Education, said the department cannot comment on a pending lawsuit.

The girl and her family members are not being identified by The Advertiser to protect her privacy.