LIHU‘E — The defendant in a case alleging an attempted second-degree murder of a visitor will undergo a mental fitness for trial examination. Justin Wynn Klein, 37, of Kilauea, appeared in 5th Circuit Court on Wednesday, nearly five months after
LIHU‘E — The defendant in a case alleging an attempted second-degree murder of a visitor will undergo a mental fitness for trial examination.
Justin Wynn Klein, 37, of Kilauea, appeared in 5th Circuit Court on Wednesday, nearly five months after he allegedly threw a 31-year-old Japanese woman off of a cliff in the Kalalau Valley on Dec. 16, 2012.
After spending four months as a fugitive, Klein turned himself to police at Lydgate Beach Park on April 6. He was arraigned in 5th Circuit Court on April 9 on an indictment issued by a grand jury in December.
State Public Defender Stephanie Sato said in court that after reviewing the grand jury testimony from
December, she felt there was a good faith rationale for the motion.
County First Deputy Prosecuting Attorney Kevin Takata did not object to the motion.
In order for the client to consider options for a defense, the first step is to answer the question as to fitness to proceed to trial.
Judge Kathleen Watanabe granted the motion for an examination and as a felony charge there will be three examiners. A hearing was scheduled for June 19 to proceed on the fitness motion based on the reports.
The examiners will make a determination of the Klein’s fitness to proceed, but will not be making a determination of penal responsibility for his alleged crime. The reports will note whether Klein has a physical or mental disease, disorder or defect that could prevent him from understanding the process.
Klein’s trial date is scheduled for Aug. 5, but proceedings are on hold for the duration of the motion. He is being held on $1 million bail at Kaua‘i Community Correctional Center.
