LIHU‘E — County prosecutors are batting a thousand in terms of convictions in methamphetamine, other-drug and career-criminal cases, said Shaylene Iseri-Carvalho, prosecuting attorney. Iseri-Carvalho and staff at the county Office of the Prosecuting Attorney are hosting a series of six
LIHU‘E — County prosecutors are batting a thousand in terms of convictions in methamphetamine, other-drug and career-criminal cases, said Shaylene Iseri-Carvalho, prosecuting attorney.
Iseri-Carvalho and staff at the county Office of the Prosecuting Attorney are hosting a series of six community meetings around the island to educate the population on the work they do.
The third meeting happened Tuesday at the Lihu‘e Neighborhood Center.
Iseri-Carvalho said OPA strives to promote fair, impartial and expeditious pursuit of justice, ensures the safety of neighborhoods, protects the rights of victims and engages the community in awareness and crime-prevention efforts.
OPA prosecutes all criminal cases, and is prohibited by law from hiring special counsel in complex cases.
The Office of the County Attorney, which handles civil matters related to county business and gives legal advice to county agencies, may hire special counsel.
To arrive at a criminal conviction, the prosecutor has to prove his or her argument beyond a reasonable doubt.
In a civil lawsuit, the county attorney’s burden of proof lies in a preponderance of evidence.
OPA currently has 11 attorneys on staff, and two are them are pending bar results. The support staff is 19 employees.
Federal and state grants fund about 50 percent of the attorneys and one-third of the support staff.
Courts
The Hawai‘i judicial system is divided into four types of courts: District, Juvenile Court, Family and Circuit.
Prosecutors are assigned cases instead of courts.
OPA also adopts a vertical prosecution model, where each prosecutor handles a case from intake to trial, resulting in continuity and increased proficiency in a particular area of prosecution, she said.
OPA has several prosecuting units: Traffic safety, misdemeanor criminal, OVUII (operating a motor vehicle under the influence of an intoxicant, commonly called “drunk driving), juvenile/family, domestic violence, felony crimes against persons, property crime, drug offenses, career criminal, and appeals.
Case statistics
The number of District Court criminal cases increased 18 percent in 2009, to 7,766 from 6,595.
The number of juvenile cases increased 148 percent in 2009, to 4,101 from 1,651.
The number of felony cases increased 42 percent in 2009, to 1,505 from 1,059.
On property crimes, 85 percent of defendants pleaded guilty, 3 percent were found guilty by trial, 1 percent acquitted by trial, 1 percent of cases were dismissed with prejudice and 10 percent of cases were dismissed without prejudice.
On cases involving methamphetamine, OPA reached a 100-percent conviction rate. Nine percent of the cases were dismissed without prejudice, and in 91 percent the defendants pleaded guilty.
On other drug-related crimes, OPA also reached a 100-percent conviction rate, with 23 percent of cases dismissed without prejudice and defendants pleading guilty in 77 percent of the cases.
On career-criminal cases, OPA again reached 100 percent conviction rate, with 27 percent of cases dismissed without prejudice and defendants pleading guilty in 73 percent of the cases.
On domestic-violence cases, OPA reached a 97.7-percent conviction rate, with 21 percent of cases dismissed without prejudice, 1 percent dismissed with prejudice, 2 percent of defendants found guilty by trial and 76 percent of defendants pleading guilty.
Programs and initiatives
During last fiscal year, ending June 30, 2010, OPA achieved $182,449 in asset forfeitures, including a single seizure of $94,00 during a chicken-fight raid.
OPA has three victim/witness counselors and one victim/witness clerk. Between July 1, 2009 and June 30, 2010 they served 714 victims.
The staff provided education and information to 707 victims, advocacy to 642, counseling to 581, case preparation to 338, helped secure crime-victim compensation for 174, accompanied 172 to court, provided referrals to 68, transportation to 16, outreach to two, and shelter to one.
The Hawai‘i Statewide Automated Victim Information and Notification (SAVIN) system automatically notifies victims when an offender is released from custody. It also notifies victims in cases of escape, death, parole, hearings, transfers, etc.
A new phone system allows easier call routing and instant access to voicemail, Iseri-Carvalho said.
Electronic case management and electronic document automation also makes life easier for the community, she said.
OPA can be reached at 241-1888, or at prosecutor@kauai.gov. For the latest news go to www.kauai.gov/prosecutingattorney. Go to www.courts.state.hi.us to access court information.
The last three meetings will be held Sept. 29 at Kekaha Neighborhood Center, Oct. 7 at Waimea Neighborhood Center, and Oct. 15 at Kilauea Neighborhood Center. All meetings are from 5:30 to 7 p.m.
