Kealoha case
may go to state
Supreme Court
The state has
By Rod Ohira and Linda Hosek
denied his bid for early release
to attend college
Star-BulletinGabriel Kealoha's attorney today will appeal the 18-year-old's case to the state Supreme Court after administrators yesterday denied his bid for early release to attend college. Hayden Aluli also said he will seek Kealoha's release pending the appeal of his manslaughter verdict and sentence, which will keep him behind bars until his 19th birthday on Feb. 2.
"By the time the Court hears the issue, it will be after Feb. 2," Aluli said. "It's really important to get bail pending appeal. The real issue is that he should go to college."
Kealoha was accepted to attend a University of Hawaii residential preparatory program beginning June 29.
State youth correctional administrators yesterday denied Kealoha's bid for early release to attend college.
Aluli, who talked to Kealoha last night, said his client is "very disappointed, but he's taking it appropriately."
Aluli said the denial was inconsistent with Family Court's guideline of trying to provide rehabilitation for convicted juvenile offenders.
"Let him go to college on furlough or parole rather than take away the opportunity for him to be a contributing member of the community," Aluli added.
"I think Gabe is an exception because he had never been arrested before, has graduated from an elite school and is college bound."
Kealoha, 18, was convicted of manslaughter for killing off-duty police Sgt. Arthur Miller. He was sentenced April 16 to serve 10 months in the Hawaii Youth Correctional Facility.
"We had a proposal compared to their lack of proposal," he added. "They're wasting a young man's time."
Bert Matsuoka, Office of Youth Services executive director, said he concurs with the decision of youth correction facility Administrator John Shinkawa to deny Kealoha early release.
"The decision was based on factual information," Matsuoka said. "The diagnostic team's recommendation is just part of the total package. Severity of the offense is also a consideration."
Final decisions don't always agree with a diagnostic team's recommendations, Matsuoka added.
"It happens," he said. "It's not common but not rare either and has worked both ways."
The diagnostic team evaluated Kealoha on May 6 and again June 10. The only thing that changed between the two dates is that Kealoha graduated from Kamehameha Schools, Aluli said.
"They found that he was likely not to reoffend and presented no danger to the community," Aluli said.
"We had every expectation that he would be released by May 30.
"The re-evaluation was done after the city's prosecuting attorney (Peter Carlisle) made public comments opposing early release and politicized the case," he added. "Two men (Matsuoka and Shinkawa) then rejected the recommendations of a team composed of mental health professionals."
Aluli said he was further troubled by the decision, which suggests the facility has no rules to govern it. He said a lack of rules may raise a legal question of "due process."
"I want to see this decision in writing and they better include rules and procedures," Aluli said. "I want to know who decides to reject what and how. I suspect there's nothing in writing."
Shinkawa informed Kealoha's mother Elyse of the decision yesterday, Aluli said, and the Kealoha family was stunned.
He said Shinkawa told Elyse Kealoha that "Gabe can apply for college next year."
"They can't believe that two men have that much power over the life of their son, especially over the recommendations of experts," Aluli added.
Aluli says he wants to make sure Kealoha is receiving counseling to encourage him to remain college-bound.
