LIHU‘E — The week in 5th Circuit Court involved a lot of plea deals, status hearings, continuance and sentencings. Not all of them are big news but each hearing is a step on the way to resolving the case. Chief
LIHU‘E — The week in 5th Circuit Court involved a lot of plea deals, status hearings, continuance and sentencings. Not all of them are big news but each hearing is a step on the way to resolving the case.
Chief Judge Randal Valenciano was not in court this week.
On Monday in Judge Kathleen Watanabe’s court:
Gilbert Labrador Matias, 55, of Lihu‘e, appeared via video conference from the Hawai‘i State Hospital. He is being held on a 72 hour temporary hospitalization after being administratively discharged from the Po‘ailani live-in treatment facility.
Watanabe ordered that Matias, who was found not-guilty of first-degree terroristic threat charges on Aug. 13 by reason of physical or mental disease, disorder or defect, be held at Hawai‘i State Hospital for continued evaluation. A status hearing was scheduled for Nov. 7.
Fernando C. Estenzo, 43, of Kapa‘a, pleaded no contest to third-degree promotion of methamphetamine. The state dropped a second count of methamphetamine possession, drug paraphernalia and fourth-degree harmful drug charges in the deal.
Estenzo’s sentencing hearing is set for Dec. 5. He faces a maximum possible term of five-years imprisonment and a $10,000 fine for the felony conviction.
Lily Masue Morinaka, 56, of Lihu‘e, changed her plea to no contest in two cases or violating a protective order on Aug. 19 and Dec. 19, 2011. The order had been issued on Dec. 22, 2009.
Morinaka is currently serving a one-year jail sentence and a five-year probation after being sentenced July 31 in Judge Randal Valenciano’s court. She chose to plead no-contest to third-degree promotion of a dangerous drug and drug paraphernalia despite her public defender Christian Enright’s objection that she was pressured into the deal.
Morinaka, who is currently being held at Kaua‘i Community Correctional Center, will have a hearing on a motion to revoke her probation on Sept. 17. Her sentencing on the protective order conviction will be Sept. 26.
Joseph Costa Rita Sr., 72, of Kalaheo, had his jury trial date continued until Sept. 17. His attorneys are still in negotiation with the state regarding a possible plea bargain.
Costa Rita is accused of sexual assault of a minor and four counts of third-degree sexual assault. He also appeared on a second case involving two counts of failing to comply with the sexual offender registry.
John Chong Kuk Yoon, 51, of Kapa‘a, was given a Feb. 4, 2013 trial date on a first-degree terroristic threatening charge.
Larry Cas Ragasa, 39, of Hanapepe, had his trial date continued to Feb. 4, 2013. He is facing two-counts of first-degree sexual assault, and two-counts of fourth-degree sexual assault from a 2010 arrest.
Bryce Hokulani Akuna had a change of plea hearing scheduled for Sept. 24, to allow for other cases involved in a global plea deal to be resolved. He appeared Monday for two cases involving two counts of abuse of family or household member, harassment, and intentional choking charges.
On Tuesday:
Russell Mahuiki, 45, of Hanalei, failed to appear for his proof of compliance hearing. After determining that the defendant was not compliant regarding his abuse of family or household member case, a warrant was issued for his arrest.
Jeffrey Bruce Knapp, 45, of Kilauea, was arraigned on a third-degree assault charge. After entering a plea of not-guilty, a trial date was scheduled for Jan. 7, 2013.
The court granted a motion to set aside bail bond forfeiture in the first-degree burglary and second-degree theft case against Shawn Hiroki Kekuhaupio Fajardo, 30, of Kapa‘a. He was surrendered to authorities on Aug. 27.
The court granted a motion to set aside bail bond forfeiture in the second-degree robbery, attempted second-degree theft, attempted third-degree assault, third-degree assault, and fourth-degree theft case against John Lukela Krause, 21, of Hanama‘ulu. He was surrendered to authorities on Aug. 29.
A fitness for trial motion was granted in the attempted first-degree assault, and second-degree assault case against Kaioli Maile Linda Gushiken, 29, of Ele‘ele. A status of reports hearing is scheduled for Nov. 13.
Earl Hoolu Thronas Jr., 18, of Kapa‘a, was arraigned on a charge of second-degree terroristic threat. He entered a plea of not-guilty and a trial date was set for Jan. 28, 2013.
Clyde Vincent Higa, 28, of Kapa‘a, was arraigned on a charge of second-degree theft. He entered a plea of not guilty and a trial date was set for Dec. 3.
Jeffrey Edward Annis, 53, of Hanama‘ulu, missed his second-consecutive jury trial hearing on an unauthorized entry into a dwelling charge. The warrant with $10,000 bail issued at the Sept. 4 hearing was kept in place with all previous bail forfeited.
Darrell Gene Amorin, 52, of Kapa‘a, had his change of plea and status of drug court application hearing continued to Sept. 26. He is charged with second-degree methamphetamine, second-degree promotion of a dangerous drug, drug paraphernalia, and third-degree promotion of a detrimental drug.
Richard Isaac Leibman, 33, of Princeville, had his case dismissed without prejudice with a defense motion pointing out that two counts of first-degree assault against a law enforcement officer could not be charged on the same indictment with first-degree burglary, second-degree theft, first-degree escape, second-degree criminal trespass, unauthorized entry into a dwelling, and resisting arrest charges.
The court denied the motion to dismiss the indictment. The prosecution is allowed to bring the defendant up on a new indictment.
Jennifer Ann Washburn, 33, of Kapa‘a, was sentenced for possession of a meth pipe to five years in prison. The sentenced was stayed, provided Washburn return to her family on the Mainland and not return to Hawai‘i for the duration of the sentence.
Washburn had already served 203 days in jail. She was reported to be homeless and did not wish to remain on Kaua‘i.
On Wednesday:
Ernest Walter Johnston, 67, of Lihu‘e, had his change of plea or jury trial status hearing continued to Oct. 10. The decision came after a bench conference discussion regarding a physician’s letter.
Johnston is facing seven counts of fourth-degree sexual assault, and three counts of second-degree sexual assault from a case that was indicted in 2010.
After a review of a three reports, Christopher Anthony Fojtik, 25, of Koloa, was declared unfit to proceed to trial on three contempt of court charges in two cases. A Sept. 25 status hearing was scheduled and he remains in custody.
Randy William Puulei, 38, of Hanalei, had his change of plea status hearing continued to Sept. 19. He is charges with abuse of family or household member and second-degree assault.
Peter E. Perreira received 90 days jail and a two-year probation for abuse of family or household member. The judge ordered him to take a drug and alcohol assessment and a domestic violence intervention class.
Erwin Lapita Morcillo, 39, of Kalaheo, was sentenced to one-year probation and six-months jail with credit for time served. He pleaded no contest in a three-case plea deal on May 23, to second-degree unauthorized entry for taking a battery from his employer’s truck.
Dominic Damon Rosa Jr., 26, of Puhi, was given a $500 fine for operating a moped after his driver’s license had been suspended. He was given a $100 fine for a separate contempt of court charge.
