In The Courts
Delay of prison term
By Linda Hosek
irks prosecutor
Star-BulletinA judge's decision to delay a Waianae man's prison term for assaulting a minor will enable him to bond with his new baby for about three months, his attorney says.
But the out-of-court ruling by Circuit Judge Sandra Simms has outraged the victim's mother and prosecutor's office, Deputy Prosecutor Renee Sonobe Hong said yesterday.
Sonobe Hong said she wanted Simms to send Jonnaven Monalim to prison Friday when she sentenced him to five years' probation with a mandatory minimum six-month term for punching the 17-year-old boy last August.
State law requires a mandatory minimum for defendants who commit an offense while on probation.
Sonobe Hong said Simms allowed Monalim to remain free on $50,000 bond until Monday, but revised her ruling after the hearing to Nov. 2. She said the office will file a motion to ask Simms, who is on vacation, to send Monalim to prison immediately for the community's safety and to put the victim at ease.
Sonobe Hong also said she wished Simms had called both attorneys back to court to give her the opportunity to oppose the revised ruling and argue for additional bail conditions.
But William Harrison, Monalim's attorney, praised Simms for changing her mind and recognizing the importance of having a parent present during the first months of a child's life.
He said Simms' clerk, who called his office with the revised ruling, said Simms wanted to give Monalim time to bond with his baby.
Harrison stressed that the revised ruling didn't change the prison time Monalim would serve.
Sonobe Hong rejected the delay, saying: "He should have been thinking about the future of his child before he commited his crime."
She said that the victim's mother, Geri Martin, said in court Friday that her son was afraid to come to the sentencing.
Martin teaches at Makaha Elementary School and was recognized last year as "teacher of the year" by a mainland organization.
Sonobe Hong said that Monalim already proved that he was a danger to the community from previous offenses.
Harrison said Monalim was on probation for a 1989 brawl in which he was charged with terroristic threatening, assault and burglary.
He said that Monalim, 28, met all the conditions of his probation until the current offense.
But Sonobe Hong said he had two convictions for reckless driving.
Harrison said the August incident occurred after Monalim rescued a male who had been attacked by numerous people. He said some trial witnesses identified the victim as one of the attackers, but that the victim testified he only watched.
He said that some attackers had leaned on Monalim's truck and that Monalim asked them to leave. He said Monalim, who was an amateur boxer, swung into the group, hitting the victim.
Harrison said a doctor testified that it was unclear if the punch or the subsequent fall injured the victim's jaw. He said the victim testified that he had drunk four or five beers.
He said that Monalim believed he was acting in self-defense and that he would appeal the verdict. He said jurors shouldn't have been allowed to know that Monalim was an amateur boxer.
Prosecutors said that Monalim swung at the victim without provocation.
Jurors convicted Monalim of second-degree assault as charged.
Lawyer says police search
By Susan Kreifels
violated his client’s privacy
Star-BulletinA photographer's part-time assistant saw an object attached to her employer's toilet bowl April 29, and police used her information to obtain a search warrant of his Makiki studio late that night, a Honolulu police officer testified.
Police searching Warren Kawamoto's studio later found the object was a water-level detector, police Officer Deeann Wemple said. But Kawamoto gave police a pin-hole camera and videotapes that led to charges against him for violation of privacy, a misdemeanor.
Kawamoto is accused of using such a camera attached to the toilet bowl or hidden in a laundry basket to film women in the bathroom. Police say the activity had been going on since 1991.
His defense attorney, Hayden Aluli, argued at a hearing before District Judge Leslie Hayashi yesterday that police used his client's assistant as a government agent, and therefore violated Kawamoto's right to privacy.
Aluli also said police did not have sufficient reason to make a midnight search of Kawamoto's studio. He filed a motion to throw out evidence gathered that night which, if granted by Hayashi, likely will lead to the case being dismissed.
Hayashi is scheduled to give her decision 1:30 p.m. Aug. 18.
Deputy Prosecutor Jeen Kwak argued that Kawamoto's assistant had volunteered to help police, was not paid for the information, and had free access to Kawamoto's bathroom. Therefore, Kawamoto's right to privacy was not violated.
The assistant also told police that Kawamoto was renovating his bathroom, and they feared he might destroy evidence, Wemple said.
They asked for a warrant for the night search the same night.
Aluli said that was insufficient reason for a midnight search.
