LIHU‘E — A Kilauea man who was declared unfit for trial will have another assessment given as the result of a review hearing Thursday in 5th Circuit Court. Richard Frederick Ryan, 49, was transported at his request from Kahi Mohala
LIHU‘E — A Kilauea man who was declared unfit for trial will have another assessment given as the result of a review hearing Thursday in 5th Circuit Court.
Richard Frederick Ryan, 49, was transported at his request from Kahi Mohala Behavioral Health on O‘ahu to court in Lihu‘e to attend a review to continue his status or to declare him fit. Staff from the health center were present via video conference.
Ryan was declared unfit at an April 9 hearing before Chief Judge Randal Valenciano. He was ordered into the custody of the Hawai‘i State Hospital with a 90-day review hearing.
A third report and the 90-day review from Kahi Mohala, as stated in court, noted that Ryan was being cooperative, taking medications and generally aware of his case and the criminal justice system. There were some contradicting opinions among the reports.
Ryan spoke often and at length with his attorney, state deputy public defender Christian Enright. The exchanges prompted more than one outburst toward the bench claiming that Enright wasn’t representing him by not restating his direct concerns to the bench.
Part of Ryan’s concern was that Judge Kathleen Watanabe was presiding in place of Judge Valenciano who was not in court. His concern was that Watanabe may not be aware of what he said are efforts to reduce his felony first-degree terroristic threatening charge to a misdemeanor.
Ryan said he pled not guilty to the charges, and that he wanted a jury trial, and intends to testify himself.
Watanabe cautioned Ryan that what he says in court can be used against him. She said the outbursts do not look good for him.
The judge ordered a new three-panel report to determine if Ryan is fit for trial, and if not, an opinion on whether he could be restored at some point in the future. She directed the panel to address the issue of dangerousness and ordered Ryan to attend the Aug. 14 review from Kahi Mohala via video conference.
County Deputy Prosecuting Attorney Melinda Mendes said the state would not object to the new fitness reports.Ryan was indicted on March 3, 2010. He was released on bail and disappeared until arrested again in Hanalei on Oct. 20, 2011. He was wanted on outstanding warrants of failure to appear and violating terms of bail.
He is also charged with petty misdemeanor fourth-degree theft.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
