LIHU‘E — A Kilauea man was declared unfit to proceed to trial Thursday in 5th Circuit Court. After reviewing three reports on fitness to proceed to trial, Chief Judge Randal Valenciano said two of them declared the defendant, Richard Frederick
LIHU‘E — A Kilauea man was declared unfit to proceed to trial Thursday in 5th Circuit Court.
After reviewing three reports on fitness to proceed to trial, Chief Judge Randal Valenciano said two of them declared the defendant, Richard Frederick Ryan, 49, unfit, while a third said he could proceed.
Dr. Olaf Gitter and Dr. Gerald McKenna declared Ryan unfit, while a third consultant, Dr. Dianne Gerard said the defendant was fit for trial. The judge said the court would declare Ryan unfit to proceed and ordered him into the custody of the Hawai‘i State Hospital. A 90-day review hearing was scheduled for June 14.
Ryan was represented by Deputy Public Defender Stephanie Sato, who stood in for Christian Enright. County Deputy Prosecuting Attorney Melinda Mendes represented the state.
Ryan was indicted on March 3, 2010, for fourth-degree theft and first-degree terroristic threat. He was released on bail and disappeared until arrested again on Oct. 20, 2011.
According to a Kaua‘i police officer in court, Ryan appeared at the back door of the Hanalei South Precinct station when he was arrested on outstanding warrants including failure to appear and 11 counts of violating terms of bail.
Deputy Public Attorney Christian Enright filed a motion to dismiss the case on grounds that the state had violated Ryan’s right to a speedy trial. He later filed the motion to request Ryan’s examination for fitness to proceed.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@ thegardenisland.com.