LIHUE — The defendant accused of the attempted second-degree murder of an island visitor was found mentally fit to proceed to trial in 5th Circuit Court on Wednesday. Justin Wynn Klein, 37, of Kilauea, will move forward to trial for
LIHUE — The defendant accused of the attempted second-degree murder of an island visitor was found mentally fit to proceed to trial in 5th Circuit Court on Wednesday.
Justin Wynn Klein, 37, of Kilauea, will move forward to trial for allegedly throwing a 31-year-old Japanese visitor off of a 15-foot cliff in the Kalalau Valley on Dec. 16, 2012. He was a fugitive until surrendering to police on April 6 at Lydgate Beach Park, and pleaded not guilty to the charge in April.
The victim, Azusa “Shita” Ino, from Fukuoka Prefecture, Japan, survived and eventually recovered from critical condition before returning home with family.
Judge Kathleen Watanabe said two of the examiners found Klein fit to proceed and the third expert did not.
Olaf Gitter and Dianne Gerard, both clinical psychologists practicing on Kauai, assessed that Klein is fit to proceed to trial. Gerald McKenna, a practicing psychiatrist and court examiner said that Klein is not fit.
Each evaluation is conducted independently and without consultation from the other examiners. If there is disagreement among the opinions, then the judge may declare the defendant fit or unfit, or choose to order another examination.
According to statements in court, State Public Defender Stephanie Sato and County First Deputy Prosecuting Attorney Kevin Takata entered into a stipulation agreement on the reports. Their consensus was that Klein was fit.
Watanabe concurred with the stipulation and declared Klein fit to proceed, which was also based on her own review of the reports.
In this case, the examiners rendered its opinion by determining if he can comprehend court proceedings and the options available to him throughout the trial process. The examiners did not make a determination of penal responsibility for the alleged crime by reason of physical or mental disease, disorder or defect.
Sato requested the fitness examination in May, saying there was a good faith rationale for the motion. In order for the client to consider options for a defense, the first step is to answer the question as to fitness to proceed to trial, she said.
The process involves an extensive review of health and criminal records. Sato’s motion to partially seal criminal and mental health records was granted by the court in May.
In addition, each examiner meets with the defendant for a one-hour interview. If the court had ruled Klein to be unfit to proceed, an order to place him under the care of the Department of Health for review would likely have followed.
Watanabe said the original Aug. 8 trial date was taken off calendar as the case was suspended pending the fitness motion. A new trial date was set for Oct. 7, and Klein remains at Kauai Community Correctional Center on $1 million bail.
