The week of Feb. 13-17 presented several interesting cases in 5th Circuit Court. In one case Thursday involving a Kaua‘i woman being sentenced on a second-degree theft charge, the defendant offered a curious bit of information. She told Chief Judge
The week of Feb. 13-17 presented several interesting cases in 5th Circuit Court.
In one case Thursday involving a Kaua‘i woman being sentenced on a second-degree theft charge, the defendant offered a curious bit of information. She told Chief Judge Randal Valenciano that the jewelry she stole from the store was appraised as fake or was severely undervalued from the original retail price of the store-victim.
The statement seemed to be rationalizing the crime after the fact. The judge did not respond to the statement as it was presented.
Another case involved a man facing charges of terroristic threats and theft. His attorney made a motion for a “704 examination,” which is the state penal code entry for a status of mental fitness for trial or state of mind at the time of the offense.
In this case, the defendant is being held at Kaua‘i Community Correctional Center. After completing interviews with two of the “three-panel” interviewers, he refused to complete the third and final talk with a psychologist.
The motion for the 704 examination came from the defense attorney who told the judge that the defendant had initially agreed to the exam before refusing the third interview.
He said that repeated attempts to explain the process and its purpose to the defendant had failed.
The attorney also attempted without success to dissuade the defendant from speaking out in court.
Nonetheless, the defendant said to the judge that he believed the examination was an attempt by people to have him declared insane so that they could gain control of his estate.
That raised eyebrows until the defendant followed that he was the Gerber baby food baby.
The statement was not clarified, but it sounds like the defendant was claiming to be the model for Dorothy Hope Smith’s charcoal drawing that became the Gerber brand label in 1929. It was actually 5 month-old Ann Turner Cook, born in Connecticut in 1928, and now a retired mystery novelist and professor.
The statement gives pause to the purpose of such an outburst. Was the defendant referring to something else?
Finally, on Thursday a man being sentenced for family abuse nearly talked himself out of his probation from a plea bargain.
The defendant is allowed the opportunity to make a statement during sentencing, and in this case his own words offered more support for the deputy prosecutor’s claim that he lacked remorse and blamed the victim.
For a defendant to believe he or she is not guilty at sentencing is not unusual. If the judge believes the defendant’s statements run counter to the terms of accepting a no-contest or guilty plea, they offer the defendant the opportunity to take the case to trial.
In this case, as the prosecution’s recommendations for sentencing were read, including that the victim was not seeking restitution despite personal injury, the defendant blurted out, “That is a lie, your honor.”
During a sentencing hearing, there is an assumption that a degree of guilt has been accepted. For a defendant to blurt out a statement during sentencing and out of turn can risk everything.
The now red-faced public defender stood next to the defendant. “Look at him,” the judge said.
The judge said the public defender had worked hard to obtain two years’ probation and a jail sentence limited to time served for his client.
“I don’t think that you get it,” the judge said.
“I do, your honor,” he replied.
“I don’t think that you do,” replied the judge.
A week in court is full of drama, tears and sometimes humor. It is the ongoing application of a living and breathing legal system.
Monday has court calendars full of entry of plea hearings. This is when defendants are arraigned on felony indictments or have had their cases bumped up from district and family court.
The prosecutors present the charges, and the defense attorneys request discovery of evidence and enter a plea of not guilty on behalf of the defendant. The judge assigns a trial date a couple of months ahead and prior to the 180-day right to a speedy trial rule, referred to as “Rule 48” of the State of Hawai‘i Rules of Penal Procedure.
There is the occasional change of plea or a telephone hearing with the State Hospital on Monday. But generally, it’s a busy day for the courts and a slow day for news.
All during the week there are trial date hearings that are most likely going to be continued (postponed) as the prosecution prepares a plea bargain with the defendant.
At some point, they will either accept the plea or continue on to trial.
Wednesday is Drug Court in Courtroom 4 in 5th Circuit Court. Drug Court is for defendants who have a weekly progress review as they work through a special probation combined with treatment and community service.
In Courtroom 6, there are more status and change of plea hearings along with a few sentencings on Wednesday. Both courts are filled with change of plea and sentencing hearings on Thursday.
On each day of the week, there are two priority cases in each court.
These are cases that are marked as likely to go to trial if a plea deal is not anticipated.
A jury pool arrives early for briefing and after completion of the morning court calendar, the judge and attorneys select the jury and alternates by late morning or early afternoon.
Most trials last two to three days, but a few can go on for several weeks.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
