LIHU‘E — Delays in producing Dr. Harold C. Spear III from federal custody will again postpone his state case on illegal narcotics dispensing charges. Attorneys for the state and Spear testified via phone in 5th Circuit Court on Tuesday. They
LIHU‘E — Delays in producing Dr. Harold C. Spear III from federal custody will again postpone his state case on illegal narcotics dispensing charges.
Attorneys for the state and Spear testified via phone in 5th Circuit Court on Tuesday. They updated the court on a possible arraignment once the process of requesting the appearance from the Federal Bureau of Prisons.
Judge Kathleen Watanabe set a status hearing on the matter for Dec. 18. At that time the court would learn if Spear, 60, can be brought to Kaua‘i for a one-day hearing from Terminal Island Federal Correctional Institution near Los Angeles, where he is currently an inmate.
Spear started serving a 12-year sentence on similar charges in March. His release date is Oct. 29, 2022.
Hawai‘i Deputy Attorney General Gary K. Senaga spoke via phone in court. He said the prison was notified of an interstate agreement on detainers, to return Spear on an untried indictment.
When the prisoner is put on notice of the untried charge, the next step is for Spear to complete the request process, he added.
“We don’t know why it is taking this much time but we are waiting for him (Spear) to initiate the process,” Senaga said. “We could initiate this on our end but it would be a longer process and it gets more complicated.”
Defense Counsel Nelson W. S. Goo spoke via phone as Spear’s court appointed attorney. He said if Spear can be produced in December that the attorneys would complete the work in one day.
The original state indictment came in 2009, when Spear was indicted for knowingly dispensing controlled substances as a licensed physician in 2005 and 2006. The state case had been on hold after Spear was brought up on federal charges of illegally dispensing controlled drugs in Alabama.
Spear pleaded guilty to both state charges on March 31, 2010, but was allowed to withdraw his plea this past May during the sentencing phase, which resulted in the attorney general filing a new indictment reducing one charge to attempted prohibited act.
If Spear is brought to Kaua‘i, then the attorneys stipulated to dismiss the original 2010 case, and arraign him on the new case with a change of plea and sentencing in one day.
If Spear pleads guilty or no contest, the court could sentence him to five years on each felony charge.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
