LIHUE — A hearing to change attorneys for a defendant already serving a jail sentence became an issue about his status on Tuesday in 5th Circuit Court.
Samuel C. McFadden, 63, of Hanalei, was not present for his hearing. His attorney, state deputy public defender Samuel Jajich, asked to waive the defendant’s presence for participating in a work furlough program.
County Deputy Prosecuting Attorney Lisa Arin said that allowing the defendant to participate in a work furlough program goes against the wishes of the state. At sentencing, the court ordered McFadden to participate in sex offender treatment until clinically discharged or as approved by the probation officer, she said.
“He is supposed to be serving his sentence and he has not completed sex offender treatment yet,” Arin said.
Chief Judge Randal Valenciano said the court sentenced the defendant to jail and that the Department of Public Safety has discretion and responsibility for the defendant while serving that sentence.
Valenciano sentenced McFadden to five years with HOPE (Hawaii’s Opportunity Probation with Enforcement), a program with close supervision for high-risk offenders, along with 15 months in jail on April 3. A 5th Circuit jury found McFadden guilty of second-degree sexual assault on Nov. 20, 2013. The victim was a 26-year-old woman who had been an energy healing client at Anini Beach in August 2013.
At the sentencing, Valenciano said the reason the defendant did not get the straight 10-year prison sentence was in part for the lack of a criminal record. He ordered sex offender treatment and that McFadden register with the state sex offender registry.
McFadden was given credit for eight months time served awaiting trial. The six months since sentencing would give the defendant one month remaining in jail. The sex offender treatment program is available while incarcerated.
The state Department of Public Safety online database notes that McFadden remains in custody at Kauai Community Correction Center. He is scheduled to be released on Nov. 9, according to DPS spokesperson Toni Schwartz, who added that McFadden is registered as a sex offender and will continue his treatment while in HOPE.
“We have been gradually preparing him for release by transitioning him back into the community and monitoring him as he progresses through the work furlough program,” Schwartz said.