State still trying to produce Spear

LIHU‘E — A status hearing Tuesday meant to set an appearance for Dr. Harold C. Spear III from federal custody was continued in 5th Circuit Court.

Hawai‘i Deputy Attorney General Gary K. Senaga, who made an appearance in court by phone, explained that paperwork for an interstate agreement on detainers to return Spear to Kaua‘i on an untried indictment is currently in transit from the Federal Bureau of Prisons, and the warden of Terminal Island Federal Correctional Institution in Los Angeles.

Spear is currently an inmate at Terminal Island, where he is serving a 12-year sentence for illegally dispensing controlled drugs in Alabama. His release date is Oct. 29, 2022.

“The process has begun,” Sanaga said in court, “but we still can’t give a date.”

Defense Counsel Nelson W. S. Goo, also appearing by phone, said he had no objection to continuing the hearing as Spear’s court appointed attorney. He agreed with Senaga to produce Spear for a one-day court appearance to have Spear’s 2009 indictment on two counts of prohibited acts dismissed, and to have him enter a plea with a possible change of plea at the same hearing.

Judge Kathleen Watanabe scheduled the status hearing for Jan. 22. At that time Senaga said he expects to be able to accommodate an appearance date for the court.

The state indicted Spear in 2009 on illegal narcotics dispensing charges as a licensed physician in 2005 and 2006. He pleaded guilty to both state charges in 2010, but the matter was postponed until the newer federal charges were resolved in 2011.

Spear, 60, was allowed to withdraw his no contest plea in May 2012 during the sentencing phase. The attorney general filed a new indictment reducing one of the charges to attempted prohibited act.

If Spear pleads guilty or no contest, the court could sentence him to five years on each felony charge.