By Ken Sakamoto, Star-BulletinGABRIEL KEALOHA:
"If I did it intentionally, I know I would have
a reason to be here, but in my heart I know
I shouldn't be here."
Kealoha feels ‘betrayed’
by official
He will appeal tomorrow for permission
By Gregg K. Kakesako
to attend a special UH class
Star-BulletinGabriel Kealoha will again appeal to the Family Court tomorrow to allow him to attend a special University of Hawaii class this weekend under special arrangements. In his first public statement concerning his manslaughter conviction in the death of an off-duty police officer last year, Kealoha, 18, said he feels betrayed because during three "prayer sessions" with John Shinkawa, administrator of the Hawaii Youth Correctional Facility, he was led to believe that his request for early release would be approved.
In one instance, Shinkawa reminded Kealoha that he had the final say even if the diagnostic team filed a negative report, Kealoha said. On May 6 and again June 10, the team found that Kealoha was not likely to be a repeat offender and presented no danger to the community.
But Shinkawa rejected Kealoha's bid for early release.
Shinkawa said he remembers the prayer sessions, "but I don't remember my saying anything like that as a promise to him."
Shinkawa said he held the prayer sessions with Kealoha because "I believe he was in very special situation that it would be helpful for us to pray."
Shinkawa said he can't comment any more about it because Kealoha is a ward of the Family Court and all matters are supposed to be confidential.
Bert Matsuoka, executive director of the Office of Youth Services, said Shinkawa doesn't have the authority to make such promises to people confined in the facility.
Behind closed doors before Family Court Judge Daryl Choy tomorrow, Kealoha's attorney Hayden Aluli will ask that his client be allowed to leave the youth correctional facility near Kailua and be housed in a UH dorm from Sunday evening to Friday afternoon while his conviction is being appealed to the state Supreme Court.
Kealoha, who completed his high school courses behind bars, would return to the youth facility on weekends, under Aluli's motion.
City Prosecutor Peter Carlisle would oppose any move to free Kealoha, Jim Fulton, Carlisle's executive assistant, said last night.
If that bid fails, Aluli said he would ask the state Supreme Court for an expedited decision because the special UH College Opportunities Program begins Sunday and requires applicants to live on campus.
Kealoha said he applied to the college preparatory class because his grades weren't strong enough for immediate entrance to UH.
Discussing the Oct. 27 incident involving off-duty police Sgt. Arthur Miller for the first time, Kealoha said, "I was tailgated (on H-1 freeway) and forced off to the side of the road.
"We both approached each other and started arguing, and a scuffle broke out, and I found myself up against the rail. I pushed in self-defense to get him off me, and he went over the rail.... In my heart I know it was self-defense. If I did it intentionally, I know I would have a reason to be here, but in my heart I know I shouldn't be here."
Kealoha was tried as a juvenile in Family Court and sentenced April 16 to the youth facility until his 19th birthday on Feb. 2. Aluli is appealing the manslaughter conviction but doesn't expect the matter to be heard by the appeals court before Kealoha's Feb. 2 release date.
Kealoha said he didn't know Miller was a police officer when he was stopped on the elevated part of H-1 near the airport.
Kealoha said Miller's car "jerked to the left of me while I was in the express lane. He pulled over onto the emergency lane and slashed right in front of me. I couldn't go anywhere. It was like a little time warp."
Kealoha said he got out of his car and walked over to Miller to inquire why he was stopped.
"He looked kind of like a bum," Kealoha said. "He was slouched over.... I could smell the alcohol."
After the incident, Kealoha said, he got back into his car and panicked.
"I was scared..... The reason I got back into my car is because I saw people all the way down the road and I needed help....
"I reversed. I was shaking. And I remember driving back into the lane to where a couple cars were and asked for help. The first person turned me down. He said he had to catch a plane."
"I wish I could turn back the hands of time," Kealoha said, brushing aside a tear.
"I feel sorry for what happened. I really do."
Aluli said there are no educational programs for Kealoha to participate in over the next 10 months before he can be released. "This is basically going to be his day: get up in the morning, lock down, play a little sports, lock down, eat dinner and watch TV -- 10 months of this."
