Shane Nevada Duncan, of Kapa‘a, the man accused of fatally kicking the grandmother of his children, was brought into Judge Calvin K. Murashige’s courtroom relating to three cases yesterday. The cases were to determine whether he would waive a jury
Shane Nevada Duncan, of Kapa‘a, the man accused of fatally kicking the grandmother of his children, was brought into Judge Calvin K. Murashige’s courtroom relating to three cases yesterday.
The cases were to determine whether he would waive a jury trial, two second-degree terroristic threatening charges relating to the mother of his children, Jamie Mundon, and two protective orders.
Duncan requested counsel other than his current attorney, Edward Acoba, at the hearing.
Duncan’s court appearance was delayed 15 minutes while court bailiffs argued whether a The Garden Island reporter could use a laptop to cover the public hearing.
Duncan’s attorney, Acoba, said laptops are never allowed in family court.
In Duncan’s bail hearing earlier this month, The Garden Island used both a camera and a laptop after having filed an application for extended coverage with the Fifth Judicial District.
That motion resulted in an approved order allowing camera and computer use inside the courtroom regarding Duncan’s case.
Despite that, the court bailiff ordered the reporter to refrain from using a laptop during yesterday’s hearing.
Though court staff couldn’t locate the application, upon checking with Murashige, they informed The Garden Island that the laptop could be used; however, required the reporter sit in the last row of the courtroom.
Yesterday’s uncertainty on the part of the court was similar to the seizure of an Associated Press reporter’s audio recorder preceding the Hawaii Superferry hearing on Sept. 21 in Judge Randal Valenciano’s courtroom. That hearing was to determine whether Valenciano would dismiss a case brought by environmentalists to prevent it from sailing into Nawiliwili Harbor.
In that case, Valenciano ordered that the audio recorder be returned to the reporter an hour and a half into the hearing.
According to the literature on its own forms, the Fifth Judicial District requires applications for extended coverage for recording devices and cameras, which are submitted in the form of a motion. The Garden Island filed its application for extended coverage of the Duncan case on June 5.
Duncan’s next scheduled court appearance is Dec. 11.
• Amanda C. Gregg, assistant editor/staff writer, can be reached at 245-3681 (ext. 252) or agregg@kauaipubco.com.
