By Craig T. Kojima, Star-Bulletin
Jonnaven Monalim, right, with his lawyer
in court, yesterday.

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Judge’s decision
to allow bonding time
sparks controversy

A state senator said
he's received a number of calls
about the decision

By Susan Kreifels
Star-Bulletin

State Sen. James Aki has received a lot of phone calls from constituents regarding a recent judge's decision to postpone jail time for a convicted man so he could bond with his new baby.

More calls have been against the decision, and he was at Circuit Court yesterday to determine whether Judge Sandra Simms acted fairly when she ruled on the matter behind closed doors.

Aki said he might consider legislation to change such legal procedures. "This is not a bonding issue; it's an issue of law and order," Aki said. "It creates mistrust in the judicial process."

Simms is off-island and could not be reached for comment.

Yesterday administrative Judge Victoria Marks declined to take action on the state's motion to have Jonnaven Monalim, convicted of second-degree assault for breaking the jaw of a 17-year-old boy, begin his prison term immediately. She also declined a state request to have another judge hear the motion yesterday and set an Aug. 4 hearing when Simms returns.

Marks requested the government to give "cogent reasons" for changing Simms' decision and asked if anything had happened since July 17 that would convince her Monalim was a danger. The government said no.

Marks also said Simms was the more appropriate judge to hear the motion because she had heard the evidence and read the presentencing report.

Deputy Prosecutor Renee Sonobe Hong said she would try to refile the motion with another judge. Sonobe Hong said she would present police reports that show Monalim is not only a danger to the community but to his own family as well.

On July 17, Simms sentenced Monalim, 28, to five years in prison with six months mandatory jail time.

State law requires a mandatory prison term because Monalim committed the offense while on probation for burglary and terroristic-threatening convictions stemming from a 1989 incident.

Simms also revoked Monalim's probation and resentenced him to up to 10 years to run concurrently with the assault sentence.

She delayed the start of Monalim's prison term for three days to July 20 but then extended it to Nov. 2 to give the father time with his 2-week-old baby.

Sen. Matt Matsunaga, chairman of the Senate Judiciary Committee and an attorney, said legislation regarding such legal procedures was a possibility. "The government has valid concern about fairness and whether a judge's decision is made with all proper information before her," Matsunaga said.

"It's unfortunate to have a decision like this come up that prompts the Legislature to dictate how a judge should act in what should be a judge's job."

Sonobe Hong argued that the government didn't have a chance to argue Simms' decision. She said she didn't think Simms would delay jail time because Monalim committed the offense while on probation.

William Harrison, Monalim's attorney, said the government had an opportunity to present its side when he requested the three-day delay of jail time. He also said the new arguments hadn't been raised in bond and probation hearings. "The state didn't address any of these 'phantom reports,'" Harrison said. "These matters aren't new."

After the hearing, Monalim said he had never approached the victim's family or caused any problems since he punched the boy last year. "I think they should be concentrating on more important things," Monalim said outside the courtroom.

Geri Martin, the victim's mother, was crying and shaking outside the courtroom. Martin said she understood Marks' decision, but she still protested Simms' change of mind behind closed doors.

And although the court ordered Monalim to stay away from the family, Martin said she still fears for their safety.

She said the Waianae community fears Monalim, who is a professional boxer, but they are afraid to say anything.