Paul C. Curtis

The Garden Island

LIHU‘E — When given the right to remain silent, sometimes accused people should exercise that right.

Usually that means keeping your mouth shut, but not always. Sometimes it can pertain to your right to write.

Randall S. Kodama, 43, of ‘Aiea on O‘ahu, penned a lengthy, hand-written statement he presented to 5th Circuit Judge Randal Valenciano wherein Kodama argued why he shouldn’t be put in prison for drug and drug-paraphernalia charges.

The statement included the phrase “give me liberty or give me death,” said Valenciano.

Kodama’s attempt at humor did not get a laugh or a smile out of Valenciano, but it did get a reaction.

Valenciano doubled Kodama’s sentence.

“This is not fun and games here,” Valenciano said. “You bought yourself more time” with the “disrespectful” display, said Valenciano, adding that by putting pen to paper Kodama dug himself a deeper hole.

The written statement was Kodama’s chance to impress Valenciano, and Kodama told jokes, Valenciano said. “We’re in court.”

State Deputy Public Defender Edmund Acoba argued that Kodama took responsibility early on after being caught at Lihu‘e Airport with methamphetamine and paraphernalia in his luggage.

His written statement was Kodama’s attempt to justify why he shouldn’t be incarcerated, said Acoba, who asked for probation for his client with a mandate to enter a drug-treatment program.

Acoba and Kodama agreed not to have Kodama read the entire statement in open court, but the damage had already been done with Valenciano in possession of a copy of the document.

County Deputy Prosecuting Attorney Justin Kollar said Kodama’s case is an example of how drug addiction can destroy a normal person. Kodama was making over $35 a hour repairing and servicing air-conditioning systems, and is now unemployed, having four convictions as an adult.

Kollar argued for incarceration, probation and drug treatment for Kodama, and Valenciano said a 90-day prison recommendation would be doubled, to 180 days, plus fines totaling $860 and 500 hours of community service.

• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.