Fifth Circuit Court cases from Aug. 2: – Corey Duarte was in court seeking to be sentenced immediately on multiple theft and fraud charges. Prosecutors objected, noting that part of Duarte’s plea arrangement includes his testifying against a co-defendant. Once
Fifth Circuit Court cases from Aug. 2:
– Corey Duarte was in court seeking to be sentenced immediately on multiple theft and fraud charges. Prosecutors objected, noting that part of Duarte’s plea arrangement includes his testifying against a co-defendant. Once he is sentenced, the state would have no leverage with which to assure Duarte’s testimony against his alleged crime partner, who has yet to come to trial, prosecutors said.
Judge Clifford Nakea denied Duarte’s motion for immediate sentencing, and Duarte remains in custody.
– Sherrie Henderson, who had pleaded guilty earlier to a charge of welfare fraud, was in court because she hadn’t been making payments ordered by the court and was missing court-ordered appointments, too.
“It is critical to probation to comply with conditions,” Nakea said as he resentenced Henderson to an additional five years of probation and 60 days in jail.
Henderson asked if she could have a few days to clear up her affairs, and Nakea told her to report to jail Aug. 6.
– Kyle Otsuka, who is from Maui, pleaded not guilty to three drug charges and two theft charges. His trial is scheduled for Oct. 22.
– In a plea arrangement, Ralph D. Bender pleaded no-contest to three misdemeanors and one class C felony (unauthorized entry into a motor vehicle). Nakea set Nov. 8 as the date when he would rule on Bender’s motion for deferred sentencing or sentence him to jail.
– Harold L. Kali, charged in five misdemeanor and four felony sexual assaults, was given a trial date of Sept. 4.
– Bert Kaauwai was slated to be in court in connection with four drug charges. He didn’t show. Nakea issued a bench warrant for the defendant’s arrest and set bail at $3,000.
– Timothy P. Jeffrey’s court-appointed public defender withdrew from the case. Jeffrey is charged with three drug charges and two firearms violations. A new attorney will be appointed.
– Leo Mitsui, charged with robbery, assault and multiple drug charges, was slated for a trial Oct. 22. Kaua’i County deputy prosecutors noted there was a state witness in the case who would have to be brought in from the mainland.
Lambert Alapei Jr., in jail on multiple charges sought, a bail reduction.
“He can’t make ($10,000) bail,” said his attorney, Gilbert Kea, but Nakea denied the request after a deputy prosecutor said Alapei failed to meet previous court dates.
Compiled by staff writer Dennis Wilken.
