LIHU‘E — A judge ordered a bench warrant for a theft suspect and will likely sanction defense and prosecution attorneys for not showing up in court Monday. Fifth Circuit Judge Kathleen Watanabe ordered the bench warrant after Jon F. Anderton,
LIHU‘E — A judge ordered a bench warrant for a theft suspect and will likely sanction defense and prosecution attorneys for not showing up in court Monday.
Fifth Circuit Judge Kathleen Watanabe ordered the bench warrant after Jon F. Anderton, 53, of Anahola, failed to appear for a scheduled jury trial in his theft case. The judge warned she would sanction defense attorney Ben Ignacio and state Deputy Attorney General Christopher Young for not appearing as scheduled.
The sanction usually is a fine, but is up to the discretion of the judge.
When reached by telephone Monday, Anderton, Ignacio and Young all said they thought paperwork had been filed at Anderton’s request, stipulating that the trial would be rescheduled for January of next year.
That was following a teleconference in which Watanabe participated, Ignacio said.
“Something should have been filed,” said Young, indicating that Ignacio did send to Young the necessary paperwork, Young made a minor correction and sent it back.
Ignacio said the problem likely was with a courier tasked with delivering the document to the court, but as of Monday morning that document had not been filed, leaving Watanabe to ask a state sheriff to make three verbal calls each for Anderton, Ignacio and Young outside her courtroom in the state courthouse in Lihu‘e.
Each time, there was no response from the men. Ignacio and Young were on O‘ahu, and Anderton was at work on the Eastside.
Watanabe set Anderton’s bail at $10,000, and ordered that his other bonds be forfeited. Anderton is currently free on $17,000 bail, revised down from the original bail of $175,000.
Nothing in the computerized state-courts record of the case, State of Hawai‘i vs. Jon F. Anderton, 5PC09-1-00131, indicates court receipt of the trial-rescheduling agreement.
Anderton, a figure in the James Lull fraud and bankruptcy cases, pleaded not guilty in May to seven counts of first-degree theft and requested a jury trial.
Anderton, owner of Exchange Accommodators Inc., is alleged to have stolen more than $1 million from four different victims, according to a state press release.
During the period from May 30, 2006, through Sept. 30, 2008, Anderton allegedly failed to make required payments of his clients’ funds on behalf of or directly to his clients, according to the release.
Anderton, listed online as a certified public accountant, is a creditor in the late Lull’s ongoing bankruptcy case. Federal bankruptcy court records indicate Anderton loaned over $5.6 million to Lull.
First-degree theft is a class-B felony punishable by up to 10 years in prison or a fine of $25,000, or both, per count.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com
