LIHUE — Tarey Low, a former Kauai Police Department officer and state Department of Land and Natural Resources Division of Conservation and Resource Enforcement branch chief for Kauai, was found not guilty in Fifth Circuit Court Friday of all charges relating to allegations of prolonged sexual abuse of a minor in his care.
The jury deliberated for about a day and a half, communicating with Judge Kathleen Watanabe three times, asking to review the alleged victim’s testimony by tape, and stating they had a hung jury.
By mid-afternoon, a jury member recused herself from the proceedings, stating prior trauma, and an alternate juror was called in to continue deliberations.
The verdict was reached by 3:45 p.m. Friday.
The alleged victim was not present during the reading of the verdict.
Surrounded by family and supporters in the upstairs foyer of the Lihue courthouse, Low waited throughout the day for the jury to return the verdict in the ongoing case against him.
Low was dressed in jeans, a teal button-down shirt, a leather belt and cowboy boots.
Sitting on the bench behind him in courtroom six’s gallery, his wife and children wept tears of relief and of joy with each return of seven not guilty verdicts.
Joining his family in the gallery, Low hugged his wife, his children and kissed his grandchildren. Everyone was crying.
Low declined to comment, but in a written statement to The Garden Island, attorney Thomas Otake thanked the jury and Watanabe for the fair trial.
“Tarey Low dedicated his career to serving his island home, first at KPD and then at DLNR. These false accusations have harmed Tarey and his ohana more than words can express. Hopefully this verdict helps restore his reputation. Tarey is an innocent man,” Otake said.
In a statement to TGI, Prosecuting Attorney Justin Kollar said this was a difficult case.
“We are very grateful for KPD’s hard work on this case and all the service providers that have assisted the victim along the way,” he said, further stating he was proud of the work his office does.
Low was originally charged with 30 counts, including 28 counts of sexual assault in the first degree and two counts of sexual assault in the third degree.
Taking the stand Thursday to testify, Low denied each of the accusations against him, stating he found out about them when the alleged victim confronted him through a phone call. He was shocked, he said, to hear what the alleged victim was saying.
The alleged victim also testified during the trial, stating she was 14 years old when the abuse began in 2007. It started one weekend when her mother was attending a dog show on Oahu and her brother and sister were with their biological dad. The abuse, she said, continued well after she was 18 years old.
After retiring from DLNR, Low leased land in Kealia, where he operates a ranch. That’s how he met the alleged victim and her mother.
Low and the alleged victim’s mother each had three children from previous marriages. When their relationship became serious, they began living together, vowing to raise each other’s children as if they were their own.
Despite the allegations against Low, the alleged victim’s mother has remained married to him, while the alleged victim’s brother and sister maintain a close relationship with their stepfather.
Deputy County Prosecutor Jennifer Winn prosecuted the case.
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Bethany Freudenthal, courts, crime and county reporter, can be reached at 652-7891 or bfreudenthal@thegardenisland.com.
Sometimes a jury is not the proper venue to decide the fate of trial because of uncontrolled emotional responses that often gets in the way of the truth in judgement. Unlike the military court system, where officers not the peers of the plaintiff who are selected for their expertise are the best to decide on the merits of the evidence and laws devoid of emotional influences often found in juries.
With the jury so close that could have gone either way, I highly doubt that this decision was based on merits and should be tried in similar fashion in regards to some military court marshal proceedings.
Tr rapes happened in the same area where Amber Jackson’s body was found.
Is it a coincidence and was in on his property and near one of his beds in the bushes?
I wouldn’t doubt that.
Knowing how corrupt KPD and DLNR are.
Was there any DNA evidence on the beds or anywhere near?
The Kauai judicial system likes to hide evidence and witnesses to secure convmictions and let guilty people go.
I suspect that in the rape trial this was the case.
Lots of corruption goes on with the judges, PA, defense, and KPD and their depts.
Look for his DNA and match if to DNA evidence on Amber Jackson and also if there were any on the bed or area near the rapes and murder.
Same Area in Kealia-Anahola.
Like I commented yesterday, “another evil cop will get away!”
Why did the biological mother leave to Oahu for a Dog Show on the day the victims siblings was away with the biological father? And, “why was the victim left home alone with the assaulter?”
Seems like a staged thing. The neglectful mother knew what was expected and granted the husband’s(step-dad) wishes.
This trial should be appealed and both the victim’s step-dad and neglectful mother should be prosecuted.
The victim was just “victimized” again, this time by the jury. She first was the victim of Terry, then her mother sides against her, now this..
Like all pedophiles, Low operated in secrecy and isolated his victim. He got away with it because unlike the average pedophile, Low was a life long law enforcement guy that knew what it would take for the state to convict him and so he knew how to operate, what to say and how to hide evidence. This, along with an absolute sorry performance by the Prosecutor allowed this perv to go free. Maybe a civil trial might bring small consolation to the victim.
To the Victim:
I’m sorry that this happened to you. I am sorry that in doing the right thing and in having the courage to come forward, you were victimized and shamed and wronged again. There are people out there who believe you and applaud your bravery and strength.