The trial of West Side shopkeeper Clyde Okada, accused of continuous sexual assault against a female minor, has ended in a mistrial. Okada was accused by his step-daughter of sexually assaulting her repeatedly over a two-year period, starting when she
The trial of West Side shopkeeper Clyde Okada, accused of continuous sexual assault against a female minor, has ended in a mistrial.
Okada was accused by his step-daughter of sexually assaulting her repeatedly over a two-year period, starting when she was 10.
The girl is now 13 and living in Camas, Wash.
A grand jury indicted Okada on more than 100 counts of sexual assault against a minor. Prosecutors went forward with 20 charges, and during the trial this week reduced the complaint to one count of continuous sexual assault against a minor, which carried a maximum penalty of 20 years in jail.
The case went to the jury at 3 p.m. Wednesday. By 4:30, a message came from the jury room saying the six-man, six-woman panel was hopelessly deadlocked, according to defense attorneys.
The jury was instructed to keep working by Fifth Circuit Court Judge Clifford Nakea, but deliberations came to a halt around noon Thursday when it was reported by the jury foreman that a male juror was telling other jurors he knew Okada was guilty.
“It ended in a mistrial because of juror misconduct. A juror informed the rest of the jury that a female relative of the Okadas told him she had been sexually assaulted by Clyde Okada. During the heat of deliberations, his bias came out,” reported Kaua’i County chief deputy prosecutor Craig de Costa.
DeCosta said the state will seek a retrial.
Mark Zenger, one of two lawyers for Okada, said he had never had a case like this before.
“II have had cases where the alleged victim was a young girl like this case and a juror had failed to disclose experiences of a personal nature that should have prohibited them from serving. But this is the first time I have ever had a juror talking about the defendant during deliberations,” Zenger said. “I do not know if the renegade juror knew of these allegations (against Okada) at the time he was selected. But whenever he knew, he should have informed the court, and under no circumstances should he have (related the allegations) to the other jurors. It is a bad act.”
Zenger said he was less sure about a new trial than prosecutors.
“Right after the mistrial was declared, Mr. de Costa was talking about scheduling a new trial” next spring, “but I feel my duty has been discharged,” Zenger said.
Staff writer Dennis Wilken can be reached at 245-3681 (ext. 252) and mailto:dwilken@pulitzer.net
