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Father who shook infant
son pleads no contest

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By Debra Barayuga
Star-Bulletin

Twenty-three-year-old Samita Hall Sr. walked out of state court yesterday a free man.

Acquitted three months ago by a Circuit Court jury on an attempted second-degree murder charge for allegedly shaking his 6-week-old son and causing brain damage, Hall averted a second trial by pleading no contest yesterday to second-degree assault.

Had he been retried and convicted of first-degree assault, he would have faced a maximum 10-year prison term and a mandatory minimum term because the child was under 8 years old. Second-degree assault carries maximum penalties of five years imprisonment.

Based on a plea agreement, however, Judge Wilfred Watanabe immediately sentenced Hall to five years probation and one year in jail with credit for time served.

Because Hall has already spent more than a year in prison, he won't have to return.

"I don't believe you'll see Mr. Hall again," deputy public defender Debra Loy told the court.

Hall has been out on bail since the July trial when the jury could not agree on convicting him on lesser offenses of first- and second-degree assault, resulting in a mistrial.

"Based on all the circumstances of the case at this point, we feel this is a reasonable disposition of the case," Deputy Prosecutor Glenn Kim said.

A shaken Hall yesterday responded barely above a whisper and wiped away tears as Watanabe questioned him to make sure he understood the ramifications of changing his plea.

Loy said her client wanted to go to trial and be acquitted but recognized that if he were convicted and received a mandatory prison sentence, he would be of no use to his children.

Hall changed his plea as a compromise, "for the sake of the kids," Loy said.