A mother’s legal guardianship of an adult defendant is preventing him from qualifying for public defender services.
Richard Isaac Leibman, 33, of Princeville, has been in an out of court for the past year, with mental exams declaring him both fit and unfit for trial. Last Wednesday his legal guardianship was the issue with a public defender who says he can’t represent Leibman on charges of first-degree burglary, second-degree theft, resisting arrest, first-degree escape, and two counts of first-degree assault against a law enforcement officer.
State Deputy Public Defender Christian Enright motioned to Judge Kathleen N.A. Watanabe’s court on Nov. 1, to withdraw as legal counsel. He said that unless there is a change in the status of the defendant’s guardianship, the assets of Leibman’s mother are attributable and disqualify his application for representation.
On Wednesday, he appeared again saying that Leibman’s mother has moved to the Mainland and has declared her son indigent.
Leibman’s mother, Alla Royss, spoke by phone in court. She said her son has refused to join her on the Mainland and that she cannot afford to remain on the island or continue to pay his legal fees.
Royss has been present at several of Leibman’s hearings in two cases over the past year. She paid for her own clinical psychiatrist to add an opinion to the state mental fitness reports that conflicted in two cases.
Royss said that she filed to become her son’s guardian at the recommendation of state health officials and attorneys.
Leibman remained at Kaua‘i County Correctional Center until the court ordered a mental fitness examination Wednesday. He is now being sent to the custody of the Hawai‘i State Hospital until the fitness review hearing on Jan. 29.
Royss has hired a private attorney, Allison Lee, who will appear in person on Dec. 18, to argue a motion that the mother’s assets do not apply to Leibman’s status under state law regarding his indigent status.
Leibman could be found not guilty by reason of mental disease or disorder. If found to be fit he faces criminal prosecution and the court must determine if he qualifies for public defender services or must hire his own attorney.
Leibman was found fit to proceed in another case and pleaded no contest on Sept. 18 to fourth-degree theft. He was sentenced to time served but was arrested after charges were filed again in the first case.
The indictment states that on Sept. 5, 2011, Leibman unlawfully entered a private residence in Kekaha and committed burglary and theft. When Kaua‘i Police Department officers attempted an arrest on Sept. 6, Leibman escaped and trespassed on other property.
Again on Sept. 19, 2011, Leibman was accused of unlawfully entering a private residence in Princeville. He is accused of causing bodily injury to a KPD officers and preventing his arrest.
County Deputy Prosecuting Attorney Melinda Mendes is representing the state.
• Island Crime Beat is a weekly column that reflects on the current events and issues regarding the police, courts and criminal justice system of Kaua‘i. Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
