LIHUE — A Hanapepe man charged with third-degree felony sex assault for allegedly engaging in an inappropriate relationship with a teenage girl in his custody will likely not serve any time in jail.
Enden Kaneapua, 49, accepted a plea agreement last week in which he pleaded no contest to two counts of unlawful imprisonment. In exchange, prosecutors dropped all 11 sex-assault charges Kaneapua originally faced and agreed not to request any jail time at his sentencing.
Charges were initially brought against Kaneapua in 2015 based on allegations that in August 2014 he groped and kissed a young girl — court documents state that the girl was between the ages of 14 and 16 — who was then living in his home under his care.
For the next several years, the trial date was pushed back for a variety of reasons. Attorneys on both sides filed motions, requested continuances and regularly attended pretrial conferences, although court records do not indicate what was discussed. Even the court delayed proceedings, in once instance, because a hearing date conflicted with the judge’s vacation schedule.
Nearly four years after Kaneapua was arraigned, the original charges were dropped and a brand new case was brought against him with identical charges, this time based on a grand-jury indictment.
Kaneapua’s attorney, Craig De Costa, filed a motion earlier this month, asking the court to dismiss the charges, accusing prosecutors of violating his client’s right to a speedy trial.
“Subsequent trial dates were continued by agreement of the parties for various reasons including attorney’s schedules, court availability and numerous changes in which deputy prosecutor was assigned to the case,” De Costa wrote in the memo.
The memo also stated that more than 1,500 days had passed since Kaneapua was first charged, “and trial has not commenced,” later noting that most of the delay “was caused by the state not pushing the case to trial.”
Prosecutors disagreed and filed an opposing memorandum, blaming De Costa’s repeated requests for continuances for over 1,200 days of the delay.
Fifth Circuit Judge Randal Valenciano never had to make a ruling on the motion. At a hearing earlier this month, both attorneys agreed to make one last attempt to resolve the matter prior to trial. Finally, last Tuesday, nearly five years after the alleged events took place, a plea deal was reached and every one of the charges that caused four years of disputes and delays was tossed out.
Eleven class C felony counts were replaced by two misdemeanor charges that carry combined a maximum penalty of two years in prison and $4,000 in fines. Kaneapua will not likely face a sentence anywhere near that level of severity. In the no-contest plea deal, the prosecuting attorney agreed “not to request any jail time” and left the decision on whether to impose fines, probation or community service up to the judge.
Kaneapua’s sentencing has not yet been scheduled. He is set to appear in court four months from now to determine whether he is eligible to have the charges stricken from his record at a later date.
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Caleb Loehrer, staff writer, can be reached at 245-0441 or cloehrer@thegardenisland.com.
Something wrong on Kauai. The Prosecuting Attorneys office has a hard time prosecuting rapist and child rapists on Kauai.
This is a sickness that Kauai has. It’s been played out in the media on multiple occasions where error has caused a case to be throw out. The judges and lawyers are all friends and make up the rule as they please. It’s a quid pro quo huge public corruption case that goes unnoticed by the majority. Only those who know or have been through the collusion knows that the judicial system is rigged.
Something wrong with Kauai and it’s judicial employees that replicates the current situation that Oahu and its judicial/public corruption is being aired out for all to see. Could this be happening on Kauai?
Another predator goes free while the corrupt judicial system tries to set people up with crimes they did not commit (Huge judicial/public corruption on Kauai and state of Hawaii story that’s been happening for years).
Now doesn’t that make everyone feel “Safer”…Well done law enforcement…Did you buy him a cake to celebrate?
2 misdemeanors? And this is justice? Obviously children’s safety is not a priority. And this person may get no jail time. That is disgusting. Shame!!!!!!!!!!!
How shame and sick a slap on the wrist…
how shame on the system a slap on the wrist sick sick sick
One is always so quick to pass judgment… at first glance, just gazing at this article… this individual seams to be a monster… 11 counts of sexual assault. That’s 11 felonies… but yet they were dropped, and then re charged… and yet dropped AGAIN only to be reduced to TWO misdemeanors… but why… there has to be a reason right? For someone who had HARD evidence of being guilty, this would not happen to…. right? This man who is probably someone’s husband, someone’s dad, a brother, a uncle, a friend… a neighbor… a son… he has a family…. a family that I betting has went through the longest, most devastating four years of their life… I personally do not know what happened… and no one else knows exactly what happened…but for some one to go from having 11 felony charges cleared not once, but twice and then yet again is being charged with two misdemeanors should put at least a sliver of questions about him perhaps not being guilty… so many are quick to pass judgment with out stopping to think “ What if he is innocent “…. regardless of the verdict in four months, this individuals life is forever tarnished… what happened to being innocent until proven guilty… what would you do if this was your loved one going through this? Regardless if he is guilty or innocent, his wife…. his mom… his kids… his family are innocent and when they hear or read comments about him …it destroys them…they are hurt over and over again…. everyone makes mistakes… but it’s not our place to judge… especially when NO ONE knows the truth…. there are three sides to every story… unless your life is perfect (which only applies to one individual that has walked this earth.. and he was crucified and resurrected) then we have no room nor right to judge anyone….for we all sin… and the only thing that comes from nasty or hurtful comments is more hurt and pain for everyone involved and that could be avoided… all I ask is that before you say anything about someone or something that you don’t truly know the entire story… think “what if that was my loved one”… “what is my comment going to accomplish” … if it is only going to harm someone then there isn’t a need for it…. two wrongs don’t make a right and if this individual is truly guilty of a crime, he will answer for it many times over.. but he doesn’t have to answer to us.. we are to love one another and treat others how we want to be treated… and guilty or not , I’m sure his loved ones don’t want to read about their son, dad, husband, brother, friend being destroyed by people who don’t even know the whole story…. you wouldn’t want to read comments like that about your loved one right? So let’s spread love instead of hate… pass kindness instead of judgement… we are all sinners in this world…
Yet another ‘local’ boy does well! What is wrong with the legal system on Kauai?