LIHUE — At precisely 2:15 p.m. Wednesday, a man who a Fifth Circuit Court Judge once said “preyed on the victim’s vulnerability,” walked out of prison. He was free. Just hours earlier, Judge Kathleen Watanabe sentenced James Mundon to 10
LIHUE — At precisely 2:15 p.m. Wednesday, a man who a Fifth Circuit Court Judge once said “preyed on the victim’s vulnerability,” walked out of prison. He was free.
Just hours earlier, Judge Kathleen Watanabe sentenced James Mundon to 10 years in prison for kidnapping in the second degree and two counts of assault in the third degree per an agreement with the state. Mundon was also ordered to pay the victim $880.20 and asked that he stay away from her.
Mundon, 60, had already served that time awaiting his third trial. He pleaded guilty to the charges and the state dismissed the first count of sexual assault in the first degree earlier this month.
“After accepting the plea, I really appreciate what the court has done,” said Mundon, who represented himself. “With this plea agreement I am exhausted and tired. I’m glad that we can come to a plea agreement and that we can end the case. Sorry if I have made it very difficult. And I apologize to my family and friends for bringing this type of behavior to them. It was inappropriate.”
In an impact letter read in open court by the deputy prosecutor, the victim of his crimes asked the court to not allow this to happen again and said Mundon’s current actions of pleading guilty “are simply borne of wanting to be released from jail early.”
“The idea that Mundon could be released from jail and have access to other young women is completely disturbing,” the victim said in her letter. “His actions towards me — both outside the courtroom and inside the courtroom again and again — prove that his violent nature is deep-seated and not to be taken lightly. There is no doubt in my mind that he would continue his terrifying behavior if allowed.”
Mundon’s stand-in counsel, Stuart Fujioka, who was appointed by the court in 2007, told The Garden Island both he and Mundon are relieved the case is over.
“It’s been hard for everybody, Mundon, his family, the complainant, the prosecutors, the court, too,” Fujioka said. “I think Mundon is tired and relieved and anxious to get back to his family and resume his activities.”
Mundon plans to stay on Kauai now that he is free, Fujioka said.
In the course of just 10 years, Mundon has had two trials, at least four prosecutors, one circuit court judge, two 40-year convictions and two Hawaii Supreme Court appeals.
“I may not agree with the appellate courts, but the point is that the appellate courts have the last say and they have ruled in a way that had this case coming back for a retrial not once, but twice,” Watanabe said. “I am hoping your taking responsibility in this will bring some closure to this very longstanding case. I do appreciate, Mr. Mundon, statements that you made today about your admissions regarding acts that were committed that violated the victim as well as your family.”
Mundon was accused of kidnapping and sexually assaulting a 21-year-old Canadian woman in 2004 while holding a knife to her throat after she had fallen asleep in the cab of his truck by the Marine Camp near Wailua Golf Course.
He chased her down the beach as she managed to escape and seek help at a nearby hotel, according to court records. Police later found Mundon asleep in his truck.
He was arrested on Feb. 5, 2004 and indicted on 28 counts of sexual assault, kidnapping, terroristic threatening and assault charges.
Prosecutors Ken Norelli and Jennifer Winn ran the case.
In July 2007, a jury found Mundon guilty of first-degree terroristic threatening, kidnapping, attempted first-degree sexual assault, attempted second-degree sexual assault and third-degree assault.
Jurors acquitted Mundon of the individual acts of third-degree sexual assault but said he was guilty of attempted sexual assault in the first degree.
Watanabe convicted Mundon of two terms of 20 years in prison. The ruling was overturned by the Hawaii Supreme Court in 2009. The court believed the state had not given Mundon proper access to his discovery during the trial.
A second set of prosecutors, Shaylene Iser-Carvalho and Lisa Arin, tried again.
In June 2010, a jury found Mundon guilty of third-degree assault, first-degree attempted sexual assault, kidnapping and second-degree attempted assault.
After that trial, Iseri-Carvalho said she would try to seek a prison term that would put Mundon away for life.
Watanabe then sentenced him to two consecutive terms of 20 years in prison.
The sentence was overturned in 2012 by Hawaii’s highest court because it ruled that acquitted acts could not be used against him in the retrial when individual acts were used as evidence against him.
“The original charging of the James Mundon case and the errors in the first trial resulting in an acquittal of 24 of 28 counts caused the challenges in the subsequent trial with respect to the attempted sexual assault in the first-degree charge,” Arin said. “The appeals did not present any impediment to convicting Mr. Mundon of the class A felony kidnapping charge, which would have resulted in a 20-year prison term, rather than a 10-year prison term allowed by the prosecutor’s plea deal.”
Mundon represented himself. which allowed him to cross-examine the victim during both trials.
The victim said in her letter she was disturbed by having experienced Mundon’s “horrific nature firsthand.”
“In the past, Mundon has appealed his charge again and again, which required me to graphically relive the kidnapping via my testimony each time,” the victim said in her letter.
The state said it was satisfied with the plea agreement.
“This resolution ensures that this defendant will be on record as a convicted kidnapper for the rest of his life and finally closes a chapter that began more than 11 years ago,” said Prosecuting Attorney Justin Kollar. “The various appellate rulings, especially the errors occurring in the 2010 trial, would have made any retrial extraordinarily problematic. We are also satisfied that the victim in this case will not be forced to endure the further nightmarish ordeal of a third trial.”
Mundon has a prior conviction of assault for punching his wife. That term ran concurrent to this one.
In 1986, Mundon was found not guilty of rape and sexual assault charges.
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Michelle Iracheta, cops and courts reporter, can be reached at 245-0424 or miracheta@thegardenisland.com. Follow Michelle on Twitter @cephira.
