Judge suggests
warning in
presentence
statements

Hula teacher 'Chinky' Mahoe
wants part of his statement
to remain confidential

By Linda Hosek
Star-Bulletin

Convicted defendants who "tell all" to probation officers during the preparation of confidential presentencing reports perhaps should receive a "Darrell Wong" warning to let them know that their statements may be used in public, a judge suggests.

Circuit Judge Wilfred Watanabe listened yesterday to Deputy Prosecutor Darrell Wong argue why it was proper -- as well as standard practice -- to refer to the reports in court.

The issue stems from a motion by hula teacher Howell "Chinky" Mahoe, who pleaded no contest last year to sexually assaulting four minor dancers.

Mahoe wants to prevent the state from referring in public to his presentencing report, which contains information he gave in confidence.

"To me, the statute is pretty clear," Watanabe said. "Everything is confidential."

Watanabe, who set sentencing for Mahoe for Aug. 24, said he would rule on Mahoe's motion at a later day.

He also asked Wong how the courts would get around the law requiring confidentiality.

"Maybe we have to have a warning if they don't want what they say to come out in court," Watanabe said. "A Miranda or Darrell Wong warning."

Wong agreed that the reports were confidential, but that disseminating information in court for sentencings was not a violation.

He said even the state Supreme Court had referred to information from presentencing reports in its opinions.

David Gierlach, Mahoe's attorney, said the information from presentencing reports can be freely used if filed under seal, meaning only the courts and attorneys have access to it.

Gierlach, who also asked the court to dismiss Mahoe's indictment, said Mahoe's rights had been damaged throughout the case.

He said that the state had used the media to pressure the court to sentence his client to jail.

"There's been extreme abuse by the Prosecutor's Office," he said.

Wong said the state had acted appropriately and hadn't tried to influence the court through the media.

He has said that he would seek an extended prison term of 10 years, which doubles the time for the offense of third-degree sexual assault.

Gierlach has said he would ask for probation for Mahoe, who is free after posting $25,250 bail. Bail conditions require that he can be around children at his classes only if another adult is present.

Mahoe, 43, pleaded no contest last September to five felony counts of third-degree sexual assault and one misdemeanor count of fourth-degree sexual assault involving four boys ages 9 to 14 from 1994 to 1996.