LIHU‘E — A family abuse case was dismissed on Monday in 5th Circuit Court. Mario Anton Lott, 49, of Kapa‘a, was arrested on April 12, 2012, for felony abuse of family or household member. He had refused the plea deal
LIHU‘E — A family abuse case was dismissed on Monday in 5th Circuit Court.
Mario Anton Lott, 49, of Kapa‘a, was arrested on April 12, 2012, for felony abuse of family or household member. He had refused the plea deal and his case was the priority trial for Monday.
Chief Judge Randal Valenciano dismissed the case with prejudice after the state said it was not ready for trial.
County Deputy Prosecuting Attorney Gary Nelson asked for a continuance to attempt to reach the complaining witness, who is the alleged victim in the case. The witness has not cooperated with police or the prosecutor’s office and did not appear at the trial hearing, he said.
In the alternative, Nelson asked the court to continue the case without prejudice. This would allow the state to bring a new case on the same charges should the witness decide to cooperate in the matter.
Court-appointed defense attorney George White objected to the continuance on grounds that the time limit for the right to a speedy and public trial expires on March 14. He also said the complaining witness did not provide a statement to police at the time of the defendant’s arrest.
Valenciano said his decision to dismiss with prejudice was in part because the state had given indication it was ready to proceed at the preliminary hearing. A dismissal with prejudice means that the state cannot bring a new case on the same underlying charges.
