Probation for alleged assault

LIHUE — A man prosecutors say sexually assaulted two young girls in 2012 was sentenced last week to three days in jail and four years probation.

James Reis pleaded no contest to second-degree assault last year, but prosecutors originally charged the 42-year-old Princeville man with three counts of first-degree sexual assault for allegedly molesting two girls, ages 13 and 11, back in December 2012.

After three years of stalemated court proceedings that saw virtually no progress in either direction, Kauai County Prosecutor Justin Kollar said attorneys in his office met with their “increasingly reluctant” witnesses and decided to make Reis an offer that would put an end to the ordeal.

The three sexual assault charges were dropped in exchange for Reis’ agreement to plead no contest to one count of second-degree assault. The felony carries a maximum penalty of five years in prison and $10,000 in fines, but prosecutors agreed to ask for no more than 30 days in jail and four years probation as a condition of the plea bargain.

Fifth Circuit Judge Randal Valenciano sentenced Reis to a jail term that began after his hearing Thursday and ended at 5 p.m. on Sunday and ordered him to pay roughly $650 in fines. Reis was also given four years probation and issued a restraining order, prohibiting him from having any contact with the alleged victims.

Kollar said the decision to offer Reis a plea bargain was reached after Reis’ alleged victims decided they would prefer to simply move on with their lives rather than continuing to pursue a criminal trial in which they would have to take the stand, an outcome that promised to be psychologically traumatic and emotionally-taxing.

Reis’ attorney, William Harrison, told a different story. In an interview Tuesday, Harrison said he advised his client to reject prosecution’s offer and take his chances at trial. If convicted of any of the charges against him, Reis could have faced a 20-year prison sentence.

In the end, Reis chose not to “run a risk,” according to Harrison, who said his client expressed concerns about facing a jury he felt might be influenced by a”Me Too culture,” and eventually “decided not to put his family or the victims through a trial.”

When asked why prosecutors offered Reis the option to plead to such drastically-reduced charges, Harrison intimated that his client’s accusers had made false allegations and became less certain they would be able to keep their story straight as time wore on.

The long-delayed and ultimately unsuccessful court proceedings highlight the difficulty of prosecuting sexual assault cases, especially when a conviction relies on the testimony of the victims, according to Kollar.

“This one was probably more difficult than usual,” Kollar said. “But it’s not uncommon for these cases to drag on.”

Kollar explained the case was particularly problematic because the alleged perpetrator had the financial means to mount a legal defense which ultimately stymied prosecutors and frustrated those responsible for pressing criminal charges.

“Obviously he was a man that had means,” Kollar said. “He had a very expensive attorney and was able to exploit the system.”

Between his indictment in February 2016 and his acceptance of the plea bargain last September, Reis’ attorneys successfully negotiated a continuance for his trial over half-a-dozen times.

Exactly why it took over three years for prosecutors to bring charges against Reis remains unclear. According to court documents, Reis’ accusers reported the alleged sexual assault immediately after it happened in December 2012. But Reis was not arrested or charged until February 2016.

Kollar said part of the problem had to do with some sort of mixup in the investigation. He explained that the detective tasked with the case retired before concluding the investigation, and the file was somehow lost in the shuffle. Harrison maintains something else was going on entirely, saying the victims in this case may have been coerced by a financially-motivated third party.

Police and county officials did not respond to requests for an explanation of the matter.