Charges dropped after trial delay

Charges were dismissed yesterday against a man accused of first-degree burglary and second-degree theft, after Judge Kathleen Watanabe ruled prosecutors had failed to honor his constitutional right to a speedy trial.

John Calma, attorney for defendant Kinney Kaipo, said under Rule 48, charges against his client should be dropped.

Cases that are not brought within six months of an arrest or indictment are subject to dismissal under the rule, according to state law.

Judges in such cases have the option of dismissing charges with or without prejudice if the trial hasn’t commenced within the six-month period of time.

“The court is granting the motion (to dismiss) but given the severity of the charges will do so with prejudice,” Watanabe said.

First-degree burglary is punishable by up to 10 years in prison, and second-degree theft carries penalties of up to five years in prison and up to $10,000 in fines.

Though Prosecuting Attorney Marc Guyot had filed a motion for a continuance, Watanabe said the court requires 48 hours to do so, noting one had not been filed in time.

Though the prosecution said the correspondence from Calma’s office didn’t arrive via fax until Friday, Watanabe asked Calma whether Rule 48 had been brought up before.

“Let me allude to the (Sept. 5) pretrial conference,” Calma said. “I told the court and prosecutors and I believe they wanted me to put something in writing, so I did.”

Though she said telling attorneys what to do “isn’t her style,” Watanabe did say that when prosecutors are “pressed for time” they should focus on an opposition, however short, rather than filing another motion to delay the judicial process.

• Amanda C. Gregg, assistant editor/staff writer, can be reached at 245-3681 (ext. 252) or agregg@kauaipubco.com.