LIHU‘E — Those bringing stories into the 5th Circuit courtroom of Judge Randal Valenciano should bring their “A” excuses with them or not even bother. The “my dog ate my homework” days are long gone, and Valenciano does not hesitate
LIHU‘E — Those bringing stories into the 5th Circuit courtroom of Judge Randal Valenciano should bring their “A” excuses with them or not even bother.
The “my dog ate my homework” days are long gone, and Valenciano does not hesitate to wield his judicial power.
In one memorable morning in court Christmas week, he scolded a man for not leaving a larger tip instead of getting into a fight over a too-small tip at a restaurant; called “weak” another’s excuses for not showing up for scheduled court appearances; and kept in place a $3,000 bench warrant for another man who came to court late and could come up with no good reason for his tardiness.
Brandon Gayagas was sentenced twice in two days Christmas week, once for drug and paraphernalia possession (by 5th Circuit Judge Kathleen Watanabe) and the next day by Valenciano in an assault case involving the tip left at Kintaro Restaurant in Wailua.
While Dena Renti Cruz, state deputy public defender, said the third-degree assault case is one of “mutual affray,” meaning there was more than one willing participant, Valenciano saw it differently.
If the tip was not large enough, Gayagas should have left a larger tip, not started a fight, Valenciano said.
Renti Cruz said Gayagas has expressed regret about his involvement in the incident.
County Prosecuting Attorney Shaylene Iseri-Carvalho said Gayagas, 28, has 43 arrests, seven convictions and 17 pending cases, and requested probation and five days in jail.
Valenciano, who has seen Gayagas in his courtroom before and has a memory that would make an elephant envious, recalled Gayagas’ “extreme attitude” while in Valenciano’s court earlier.
“You’ve improved,” Valenciano told Gayagas, adding that if he hadn’t discussed the case at hand with the two attorneys involved, he would have given Gayagas the harshest sentence possible.
Watanabe sentenced Gayagas to five years probation and six months in prison, with credit for time already served, in the drug cases, also ordering him to submit to establishment of service plans for drug, personal-issues and family-relationship matters.
Valenciano sentenced Gayagas to six months of probation, five days in prison with provisions for drug and alcohol testing, with the sentences to run concurrently to Watanabe’s sentencing.
Audrey Fernandes, also known as Audrey Maile Hurley, is facing contempt-of-court charges for not showing up for various court dates, and she and attorney Mark Zenger said part of the problem is that Fernandes had been attending school at Brigham Young University-Hawai‘i at La‘ie on O‘ahu.
She has also been in and out of several courtrooms on both floors of the Lihu‘e state courthouse, Zenger said.
Fernandes said many of the contempt-of-court charges arose due to miscommunication, some due to the fact that she appears in court records under the two names, and that she has paid all her fines, transferred to Kaua‘i Community College in order to take care of her legal matters, and requested Valenciano to lower a pending fine amount.
Lauren McDowell, county deputy prosecuting attorney, said Fernandes has three contempt-of-court convictions, seven pending contempt-of-court cases, and requested a $500 fine in the contempt-of-court charge for which Fernandes was scheduled to be sentenced.
“Your record is unacceptable, and your reasons for non-appearances are weak,” said Valenciano, adding that he was going to sentence Fernandes to time in prison.
“You need to know that you’re on the edge. I’ve been lenient so far. Fines haven’t worked. I mean, you have to appear in court,” said Valenciano, fining Fernandes $500 and giving her until the end of January 2010 to pay that fine.
A second contempt-of-court charge was dismissed.
Jeddy V. Fernandez showed up late for his hearing on a second-degree terroristic threatening charge, and could offer no excuse for his tardiness. Valenciano before his appearance issued a bench warrant and order forfeited any bail paid.
His total bail is $3,000, and even after Fernandez showed up, Valenciano refused to recall the bench warrant, telling Fernandez the only reason he wasn’t arrested on the spot in his courtroom is because the bench-warrant paperwork hadn’t yet been processed.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.
