LIHU’E — Judge Kathleen Watanabe has denied an attempt to dismiss a criminal court case that involves an alleged assault and a threat against a Kaua’i Police Department officer.
Attorney Randal Valenciano late last week tried to get charges dismissed against his client, David Martin.
Valenciano argued that his client’s right to a speedy trial was violated. He pointed out that more than 180 days will have passed from the time his client was arrested to the time Martin goes to trial.
Moreover, he said that he was appointed to represent Martin after Martin’s public defender, John Calma, withdrew from the case.
County Prosecuting Attorney Craig De Costa argued that there was a delay because a mental examination of Martin was done, and that there was the move from the old county court-house to the new judiciary complex.
Additionally, De Costa pointed out that the mental examination was asked for by the defense.
Judge Kathleen Watanabe denied Valenciano’s attempt. After she made her ruling, Martin became agitated, and blamed Calma, who was in the courtroom.
“It’s all because of Mr. Calma,” said Martin.
Martin also swore at Calma, and then was removed from the court-room.
Valenciano said he was going to have problems representing Martin.
“I’m not sure I’m going to conduct trial in an orderly manner,” he said, and asked Watanabe if he could withdraw as Martin’s attorney.
“Our relationship did not work,” said Valenciano.
De Costa said such a move would delay Martin’s trial.
Valenciano said that Martin has a temper, and that Martin is hostile.
According to court records, Martin was arrested Nov. 19, 2004, after his car hit two parked vehicles with his car at the Poipu Shopping Village at about 9:16 p.m.
Police officers saw him driving down the wrong side of Kaumuali’i Highway in the vicinity of mile marker 4 after the parked vehicles were hit.
At about 9:38 p.m., court records say police found him passed out on the south side of the road lying down in wet grass.
Court records indicate he was “reeking of alcohol, urine and vomit.”
He was carried to a police car and taken to KPD’s Lihu’e headquarters for booking.
Martin refused to answer medical questions, and then passed out in the cell block, according to court records. He eventually was taken to Wilcox Memorial Hospital’s emergency room to get a medical clearance.
For the trip to the emergency room, no handcuffs were put on Martin out of fear that he would fall on his face because of his intoxicated condition. However, he had leg irons on, court records point out.
In the hospital’s emergency-room parking lot, Martin allegedly assaulted KPD officer James Miller at about 11:26 p.m.
Martin “took a fighting stance,” according to court records, as he got out of the police cruiser. “He waved his arms in a semi-circle, palms facing himself, like a judo or karate-fighting move.”
Miller got his handcuffs out, and told Martin to put his hands behind his back. Martin allegedly swore at Miller, refusing his order.
Miller rushed Martin, and pinned him against the rear, driver’s-side quarter panel of the police cruiser, court records indicate.
Miller tripped Martin to the ground, but Martin got the officer into a headlock.
Miller managed to use his radio and call for backup. Before other officers rolled up, according to court records, Miller “was having a hard time breathing.”
After the scuffle, Miller felt pain to his lower head and middle back area, right cheek, and his glasses were damaged, according to court records.
Martin was taken into the emergency room, where he allegedly started to spit at the officers. Miller grabbed Martin’s shirt front and covered his face with it until a towel was found, court records state.
At about 11:39 p.m., Martin was taken into an examining room, according to court records. Once in the room, Martin allegedly said to Miller, “I’m going to dig up my gun from the sand and shoot you.”
Martin is incarcerated at the Kauai Community Correctional Center for violating parole in two other cases, according to court records.
Martin is scheduled to go to trial Monday, Oct. 24.
His brother is KPD officer, Dean Martin.
- Cynthia Kaneshiro, staff writer, may be reached at 245-3681 (ext. 252) or email@example.com