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Father accused
of shaking baby likely
to be retried for assault

By Rosemarie Bernardo
Star-Bulletin

Prosecutors expect to retry Samita Hall Sr., accused of shaking his 6-week-old son and causing severe brain damage, on a first-degree assault charge.

Yesterday, a Circuit Court jury found Hall, 23, not guilty of second-degree attempted murder but could not reach agreement on the lesser-included offense of assault.

"I'm extremely disappointed," said Deputy Prosecutor Glenn Kim.

Hall's family members sat in the courtroom yesterday as Judge Wilfred Watanabe announced the jury's decision and declared a mistrial to lesser-included offenses of first- and second-degree assault charges.

Second-degree attempted murder carries a maximum penalty of life in prison with the possibility of parole. If convicted of first-degree assault, Hall faces a maximum of 10 years in prison.

Deputy public defender Debra Loy said she was happy with the verdict. "We thought it was way overcharged," said Loy. The jury deliberated for about six hours.

Hall remains in custody in lieu of $25,000 bail.

On March 17, 1999, Samita was taken to Kapiolani Hospital when Hall's girlfriend, Sophia Hunkin, sensed that their baby was not active. Medical experts have said the baby suffered from cuts, bleeding and torn nerve tissues in his brain.

Dr. Cynthia Tinsley said the only external injuries found on Samita was a bruise on his right cheek. Hall said he bit his son on the right cheek when they were playing.

Hall testified that his girlfriend told him "he had fell from the hospital bed and banged his head on a door jamb."

In closing arguments Thursday, Kim said, "This is inflicted child abuse."

On March 22, 1999, Kim said, Hall told a detective with tears in his eyes: "I shook the baby." Fifteen months later, Hall lied when he denied hurting his child, Kim said. He had time to think about it, said Kim. "Now he doesn't want to take responsibility for it."

Loy said because of Hall's youth, love for his girlfriend and strong sense of family, he admitted to shaking his child to protect the people he cared for.

"There is absolutely no evidence that he hurt the baby," said Loy.

On March 22, Hall told Hunkin he admitted to shaking the baby because he was afraid that she or his mother would be sent to jail. Also, Hall believed his children would wind up in foster care, said Loy.

Family members said Hall is nonviolent and nurturing, she said.

Kim argued, "This is not some naive, sheltered person.

"This is a guy who, by his own admission, is street smart."

Samita Hall Jr., now 16 months, has recovered but experiences some weakness on the right side of his body; he is in the care of Hall's brother and sister-in-law in Laie.

"He hurt his baby," Kim said. "He told the detective the truth. "The baby has to suffer consequences for the rest of his life."