Foley enters custody
to begin 10-year sentence

He'd like to raise funds
to build centers for substance abusers

By Linda Hosek
Star-Bulletin

Thomas M. Foley, a Honolulu attorney sentenced to 10 years in prison for killing a man while driving drunk in 1995, entered custody at 9:25 a.m. today in what his attorney said was "an excellent frame of mind."

"His attitude has been very, very good since his plea," said Michael Weight, Foley's attorney, "and his sentencing lifted a load off his shoulders."

Foley, 49, pleaded no contest to first-degree negligent homicide for the death of Ho Pin Tsai, 33, and to first-degree negligent injury for his wife, Thianh Luu, on Jan. 4, 1995.

Deputy Prosecutor Chris Van Marter said the fact that Foley was a high-profile individual in the community was important for two reasons: It shows that he was treated like anyone else, and the publicity of his case may have a positive impact.

"It shows if you drink and drive and kill someone, there will be serious consequences to your liberty, your career and your family life," he said.

Foley had asked for probation and proposed raising money for residential centers to treat alcohol and drug abusers.

But Circuit Judge Wilfred Watanabe rejected Foley's offer, saying the court shouldn't impose sentences based on what services defendants could do. He also said anything less than prison would depreciate the seriousness of the offense.

Foley had a blood/alcohol level three times the then-legal limit of 0.1 after the offense. He also has a conviction for driving drunk in 1986 and an arrest for drunken driving in 1990.

Van Marter said he would ask the Hawaii Parole Board to set a minimum term consistent with similar drunken-driving offenses. Such minimums have run about five years.

Foley faces immediate suspension of his license to practice law. But he may petition the Office of Disciplinary Council to raise funds while in prison to the extent permitted, Weight said.




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