While Annette Manners, 29, sat in District Court in Lihu‘e on Thursday afternoon, visibly pregnant and visibly upset, her public defender, John Calma worked out for her a tentative plea agreement with the county prosecutor’s office.
Meanwhile, 10 prosecution witnesses sat outside the court. The group ranged from grandmothers to Kaua‘i Police Department detectives, all waiting to testify.
In the end, it was the lawyers who got to speak, as Manners’ other pubic defender, Edward Acoba, and Manners, of Kekaha, waived her right to a preliminary hearing, rendering the witnesses merely bystanders.
The deal, which included the waiving of the preliminary hearing, includes Manners pleading guilty to 12 counts of first-degree burglary and one count each of third-degree theft and unauthorized entry into a motor vehicle, according to court documents. Other remaining charges, including a slew of felonies, would be dismissed.
The prosecutors also agreed that sentences would run concurrently, meaning that if she takes the deal, she would face up to ten years in prison instead of a possibility of ten years for each charge.
But Circuit Court Judge Clifford L. Nakea has the final say on the sentencings, and he can impose a different sentence if he wishes, said county deputy prosecuting attorney Craig De Costa.
In order to complete the agreement, Manners must plead guilty to the 14 felony charges at her Circuit Court arraignment on February 24.
In the meantime, the public defenders and the prosecutor’s office are working together to try to get her out of jail.
One concern, said De Costa, is that she is 8 months pregnant and experiencing medical complications. So the two sides are trying to get a supervised release so that Manners can get the care she needs without costing the taxpayers more money.
De Costa explained in an e-mail that if she goes to the hospital while in custody, the Kaua‘i Community Correctional Center would have to post two Adult Correctional Officers at the hospital with her 24 hours a day.
Supervised release comes with specific conditions for each case to ensure that a defendant will come back to court on her court date. This could include curfew, drug testing and treatment, bail, and others, explained De Costa.
The Intake Service Center (ISC) does the supervision and they will prepare the order with appropriate conditions (based on their evaluation of the defendant and charges) for the judge to sign. If she violates any of the conditions, she goes back into custody, he said.
“Ultimately it is up to the Defendant to enter the guilty pleas. Although at this time I expect that she will, she has to follow through or we will take her to trial,” wrote De Costa.
Manners was arrested for 12 counts of first-degree burglary, one count of third-degree theft, one count of fourth-degree theft, and two counts of unauthorized entry into a motor vehicle on Feb. 5. Other theft charges were added on later.
One of those counts is related to at least one burglary at Brad Bennett’s Kukui‘ula home on Lawa‘i Road.
Bennett initially offered a $10,000 reward for information leading to the arrest and conviction of those responsible for a first break-in, then upped it to $15,000 after the home was hit a second time within 100 days.
KPD detective Kaleo Perez said last week that the reward helped solve the case.
“I welcome” the reward, Perez said. “It helps for people to come forward. It helped here.”
Police are still looking into the first burglary at Bennett’s home.
The first time the Bennett home was burglarized, his son and grandson and daughter in law were all in the house, and thieves took off with between $6,000 and $7,000 worth of cash and personal belongings including laptop computers, cameras and other easy-to-carry items, Bennett said.
Bennett did not return phone messages requesting comment on the case either at his Colorado office or on his cell phone.
It is unclear whether whoever tipped off Detective Perez will receive part or all of the reward.
Perez said last week that he hopes the reward will continue to convince people to come forward with information about either the crimes or the stolen property, which in most cases was traded for cash or drugs.
Anyone with information about the burglaries or stolen property should call Perez, 241-1686.
Staff writer Tom Finnegan can be reached at 245-3681 (ext. 226)
