LIHUE — A Kilauea man accused of sexually assaulting his roommate said Wednesday he is unfit for trial.
Scott Clifford Spring, 62, was indicted Feb. 18 on four second-degree sex assault charges and one second-degree attempted sex assault charge.
Spring originally appeared Wednesday before Fifth Circuit Court Judge Kathleen Watanabe to request that his bail be reduced to $40,000 from $250,000 or that the court grant him supervised release. After the request was denied, he asked the court by way of his public defender to have an examination to determine his fitness.
Three doctors will examine Spring. Dr. Gerald McKenna, the state designate and Dr. Dianne Gerard will determine if Spring is fit to proceed to trial. A hearing is set for May 4.
Police records allege that Spring came into his roommate’s room on Nov. 15, 2015 and told her she needed a massage. When she said no, he pushed her down on the bed and sexually assaulted until they both heard a noise and he got off of her, records said.
Shortly after, Spring violated a protective order filed by the roommate, according to court records.
“We can’t dispute the severity of the charges but what they are right now are just accusations and there is something critical in our justice system called the presumption of innocence and that presumption of innocence is in place right now,” said Stephanie Sato, deputy public defender.
Sato said there were no witnesses to either the violation of the restraining order or the sexual assault and that the defense would be taking the case to trial if necessary.
Spring has a history of misdemeanors, including endangering the welfare of a minor in 1998, negligent driving in 2005 and 1997, driving while license is suspended or revoked in 2005 and 2006, malicious mischief in 2004, making false or misleading comments to a public servant in 2006 and 2007 and obstructing law enforcement in 2007.
Second-degree sex assault is a class B felony and punishable by 10 years in prison and a $25,000 fine.