A handful of residents arrested Aug. 29 in conjunction with protesting against the Superferry escaped prosecution yesterday, as charges weren’t filed within the allotted amount of time. However, the lack of closure is being cited as unsettling by some defendants,
A handful of residents arrested Aug. 29 in conjunction with protesting against the Superferry escaped prosecution yesterday, as charges weren’t filed within the allotted amount of time.
However, the lack of closure is being cited as unsettling by some defendants, as the possibility remains that they could be re-arrested and brought back to court.
The seven defendants made District Court Judge Trudy Senda’s call list, a list initially created to help expedite cases that might otherwise fall through the system’s cracks.
The system was designed roughly two years ago so that those who had been arrested and assigned court dates but whose charges hadn’t been filed would be taken off the court docket.
However, those who make the call list don’t necessarily have their cases dismissed, as prosecutors have the option to re-prioritize them.
Tim Rysdale, Matthew Hamm, Gilbert Nieto, Alan Zebe, Kana Kirkpatrick, Shane Valiere and Steven Valiere were among those to be sent home from court. The seven adults had been arrested in conjunction with four juveniles on misdemeanor charges in relation to the Superferry protests that evening, Kaua‘i Police Department Lt. Dan Miyamoto said.
The Aug. 29 date marked the second day of the high-profile protests in which demonstrators were demanding an environmental impact statement before allowing the Superferry to dock.
Though all residents are protected against double jeopardy, such rules only apply once a trial has been set.
That makes defendants such as Rysdale voice concerns over being left to struggle in a sort of judicial limbo.
Stating he felt his civil rights had been violated, Rysdale said, “I’m just concerned as it sounds like we’re off the hook but we’re really left dangling.”
Rysdale said he asked court officials for confirmation that the charges against him wouldn’t be pursued, however, they were unable to comply with his request.
Rysdale did get his bail returned, as he had posted it himself. Had he needed a bondsman to post his bail, he would have lost the 10 percent service fee.
An e-mail sent from the Coast Guard to Rysdale yesterday states the criminal trespassing charge related to the Superferry protest should be dismissed.
Though prosecutors can bring the case back to court, postponing cases and then opting to pursue them after the case has been called is less than ideal, as it can be twice as costly and timely, county councilwoman and former Prosecutor Shaylene Iseri-Carvalho has said.
Whether the Superferry protest defendants will be brought back on their charges — which range from criminal trespassing to assault — remains unclear.
At press time, prosecutors had not returned several phone calls from The Garden Island seeking answers to those questions.
