Teen to be
tried as adult
for stabbing

A judge decides that
there's not enough time in
the juvenile system to
help the defendant

By Linda Hosek
Star-Bulletin

A 16-year-old Village Park boy who defense experts say thinks like a child will stand trial as an adult for attempted murder for allegedly stabbing another teen March 29.

Jacob Dano, whose record reflects both criminal conduct and learning disorders untreated by state educators, faces life in prison if convicted as charged.

Hayden Aluli, Dano's attorney, argued that his client should remain with Family Court, where he could receive intensive treatment until age 19 if found guilty.

But Family Judge Dan T. Kochi transferred Dano from the juvenile system after weighing testimony about Dano's dangerousness, multiple disorders, treatment time and treatment facilities.

"In the juvenile system, I don't think there's enough time for programs to help this minor, unless you come up with something I don't know about," he said.

Kochi also rejected a request to postpone his ruling to give Aluli time to find an appropriate mainland facility.

Defense experts said the only appropriate facilities for Dano were on the mainland, but Kochi said he couldn't order the state to send a defendant there.

He suggested that Aluli argue for "youthful offender" provisions if his client gets convicted. Such provisions can reduce sentencing time for some offenses.

Deputy Prosecutor Joseph Lee called Kochi's ruling "correct" for community safety and the defendant.

"His anger makes him very dangerous," Lee said. "He's had several episodes, including when he was confined at the detention home."

He said Family Court has prosecuted Dano for a misdemeanor assault and possessing marijuana.

In the March incident, the state has alleged that Dano stabbed a teen twice in his groin and once in his inner thigh, cutting an artery.

Aluli said Dano didn't stab the victim, but declined further comment. He said Dano's case reflects cost-shifting from the state Education Department to the justice system.

Aluli said the state diagnosed Dano with a learning disorder in the fifth grade, when he tested at a second-grade level.

He said educators didn't provide Dano with meaningful mental health programs, violating federal law. He also said educators pushed Dano through grade levels, even though they noted that his IQ had dropped from 72 to 66, reflecting mild mental retardation.

Aluli said Dano entered Waipahu High School, but was expelled after episodes of behavioral problems. "The system pushes him along and then expels him," he said. "They participated in creating a juvenile delinquent."

He said psychologists who tested Dano said he functioned academically between first and third grades and that he behaved socially between the ages of 6 to 10.

"He seemed to have stopped learning at about second grade," said Marvin Acklin, defense psychologist.

Reneau Kennedy, also a defense psychologist, said Dano had a language disorder that was at the root of his problems.

"From a small age, he hasn't had the capability to use words to express himself," she said.

She also diagnosed him with attention deficit disorder, oppositional defiant disorder and intermittent explosive disorder.

Tom Cunningham, a state Health Department psychologist who testified for the prosecution, diagnosed Dano with a conduct disorder in which he has a pattern of violating the rights of others.

He said other psychologists should have further explored Dano's substance abuse, adding that Dano used crystal methamphetamine for years.

Cunningham also said Dano was found with a concealed weapon in school, showing how he violates societal norms.

Lee argued that Dano's strong athletic ability shows an intelligence greater than what the defense tests suggest.

"The whole defense is a poorly veiled attempt to make excuses for this boy," he said.