
Instead, Masuoka yesterday said he had to acquit Randall Machado of charges of sexual assault because the state failed to prove that exotic dancer Monica Alves was fondled without her consent at police headquarters in Lihue.
State employees are forbidden by law to have any sexual contact with an incarcerated person, even if the inmate consents.
But police officers, as county workers, aren't covered by the law. "It should not be permitted," Masuoka said before announcing his verdict in the jury-waived trial. "It should be a felony, whether it was done with or without consent."
Machado, 31, who also admitted shredding sexually explicit snapshots taken of Alves while she was at the station on Sept. 16, 1995, was found guilty of tampering with evidence. He will be sentenced Nov. 27 and could face a year in jail and a $2,000 fine.
The boy is identified in a police affidavit filed last month in District Court as one of nine people who allegedly took part in the Oct. 18 beating of Sam Talo on North Vineyard Boulevard near Liliha Street.
Talo died Oct. 19 from head injuries suffered in the beating.
Jedediah Kekumu, 19, and George Agemotu, 18, will be tried for murder, but they may not be the only ones.
Police and prosecutors are petitioning Family Court to waive its jurisdiction over several others, including the 16-year-old boy, so they also can be charged as adults with murder.
Eight days after Talo was beaten, the boy allegedly fired a gun from a passing convertible in the direction of a crowd that had attended a police-sponsored Halloween dance at Papakolea Community Park.
The boy was charged with attempted murder. Another youth, 16, was charged with reckless endangering and three others, all 18, were charged as adults.
The drive-by shooting is unrelated to the Talo case, police said.
The couple are scheduled to arrive at 4 p.m. at Hickam Air Force Base.
They reportedly are to take a helicopter to an undisclosed location.
The president last year stayed at Marine Corps Base Hawaii.
There are no public events planned.
They are to leave for Australia Monday via Air Force One.

Two employees and two customers suffered minor injuries.
The suspects, one with a handgun and all wearing stocking masks, entered the restaurant just before midnight through a back door and grabbed the manager, forcing her to the ground.
They also grabbed an employee and two customers and beat, threatened and robbed them, police said. They emptied the contents of a safe after forcing the manager to open it.
Bail for Derek Whitney, 23, of Umi Street, is $20,000, cash only, on a charge of second-degree robbery.
Whitney allegedly shoved the Kalihi Chevron Foodmart attendant, who asked Whitney to return the item, then punched him in the eye.
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