Editorials
Tuesday, May 5, 1998

Carl Richie deserved
to be paroled early

EXTREME interpretation and overzealous prosecution of Hawaii's prostitution law by Kauai authorities resulted in a 10-year prison term for Carl Richie. While his conviction is still on appeal, Richie has finally been granted early parole after two-and-a-half years in prison. Aside from the appeal, legislation is needed to prevent the recurrence of such an injustice.

Richie's company provided entertainment that included lap dancing by scantily clad women, a common activity in several Honolulu night clubs. The state's prostitution law forbids not only sexual intercourse for pay but an array of sex-for-pay activities, regardless of whether contact is "directly or through clothing or other material intended to cover the sexual or other intimate parts."

Following a sting operation in 1995, Kauai authorities charged Richie not only with promoting prostitution (a felony, while engaging in prostitution is a misdemeanor) but with racketeering operating a business engaged in illegal activity with more than two employees. Several workers were given immunity from prostitution charges in return for testifying against Richie, who was convicted in 1996.

His aggressive prosecution followed allegations by one of Richie's employees, Monica Alves Peralto, that police had fondled her after her arrest. Peralto was awarded $250,000 in a settlement of her lawsuit against Kauai County. That wasn't the last time she was in the news. Last July, Peralto and her husband fatally beat her cousin, Kimberly Washington Cohen. Following their murder convictions, they are serving life prison terms without the possibility of parole.

The Kauai courts technically may have acted within the bounds of the prostitution law in the Richie case. Honolulu City Prosecutor Peter Carlisle has said that he believes the charges were proper, although he does not intend to attempt similar prosecutions on Oahu. Thus, the issue of whether the crime of prostitution can be applied selectively within the state remains.

Senate Judiciary Committee Co-Chairman Matt Matsunaga says the Legislature may consider ways of clarifying the prostitution law next year. In the meantime, Richie should not be required to undergo further imprisonment while the Legislature grapples with the law. The Hawaii Paroling Authority made the right decision in granting him early parole.

Unabomber’s sentence

AN outpouring of emotion was crowded into a single court session in the sentencing of Theodore Kaczynski, confessing to all 16 Unabomber attacks from 1978-1995. A plea agreement reached in January spared Kaczynski a death sentence and the families of victims years of court battles. He was sentenced to four consecutive life prison terms plus 30 years, enough to assure that he will die in prison.

Kaczynski's attacks resulted in three deaths and 29 injuries. If any offense is deserving of the death penalty, this would be if the killer had been cognizant of the horror of his acts. In the case of Kaczynski, however, that is debatable. Justifying his attacks as war against technology, he has been diagnosed as a paranoid schizophrenic. At one point, Kaczynski insisted on representing himself in court, which would have been a travesty. With or without an insanity plea, a trial would have resulted in appeals that may have had a longer life than Kaczynski.

In their grief, some victims' families found room in their sentencing statements to thank the defendant's brother, David, who alerted the FBI after noticing similarities between Theodore Kaczynski's ideas and the 35,000-word "Unabomber Manifesto" published in 1995 at the height of public concern about the bombings. The tip, which led to the FBI solving the case, was described accurately by Yale University computer scientist David Galertner, maimed in a 1993 attack, as "heroic decency."

Fishman resignation

THE news that Bob Fishman is resigning as city managing director for a job in the private sector is not surprising, given the present turmoil at Honolulu Hale. With the departure of his number two, the mayor must find someone else to deflect criticism and play spin-doctor. Ironically, Harris could make it a lot easier on himself if he would just announce his career intentions, but a deep-seated wishy-washiness is threatening to drown him.

Fishman has accepted the job as vice president for customer services at Hawaiian Air, starting at the end of the month. He has airline experience as president and CEO of Hemmeter Aviation and also has served in various high-level capacities for three former governors, from Burns to Waihee. "Bob has been a great managing director and a very good friend. We were fortunate to have someone of his caliber and experience," Harris said.

The mayor has been extremely low key in the past few months, seemingly avoiding the media's hard questions as he struggles to maintain control of an administration gone awry. Although he is still leading in popularity polls, the luster is fading. He is struggling with a reorganization plan, arguing with the City Council over the layoffs of government employees, mired in scandal in his housing and property assessment departments, and is fighting with the UPW and Natatorium-haters. Meanwhile, mayor-wannabes on the Council covet Harris' seat, if he ever vacates it to run against Governor Cayetano.

Fishman's resignation was partly for a higher salary, but undoubtedly more for other reasons, like sanity, as Harris continues to vaccilate on his political future. The mayor should give his next managing director a break, announce his intentions and come out of hiding.

---

Published by Liberty Newspapers Limited Partnership

Rupert E. Phillips, CEO

John M. Flanagan, Editor & Publisher

David Shapiro, Managing Editor

Diane Yukihiro Chang, Senior Editor & Editorial Page Editor

Frank Bridgewater & Michael Rovner, Assistant Managing Editors

A.A. Smyser, Contributing Editor