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Tuesday, August 28, 2001



Wrong-way driver
acquitted of charges

Benjamin Belleza, not guilty due
to a mental condition, is placed
on conditional release


By Debra Barayuga
dbarayuga@starbulletin.com

A 57-year-old man accused of driving 80 to 90 mph the wrong way on the H-1 freeway more than a year ago, causing a multiple-car crash, was acquitted of all charges.

District Judge Derrick Chan acquitted Benjamin Belleza of 10 misdemeanor charges because of Belleza's mental condition.

Those charges included second-degree terroristic threatening, reckless driving, third-degree assault, reckless endangering and failure to render assistance.

Chan then placed Belleza on conditional release, prohibiting Belleza from driving or using any alcohol or illegal drugs. He must also continue receiving treatment from his psychiatrist and taking his medication.

If he violates any of the court-ordered conditions, Belleza will be committed to the Hawaii State Hospital.

No trial was held after the state and the defense agreed to nearly 250 pages of evidence that included doctor's reports.

Doctors who examined Belleza initially found he did not know right from wrong and could not behave according to the law at the time of the incident because he was not taking his medication.

Belleza has a history of mental illness.

Chan, however, found Belleza fit to proceed yesterday because he is now receiving treatment and is taking his medication.

Belleza struck head-on a car occupied by a pregnant woman near the Ward Avenue overpass on Jan. 18, 2000. Five other cars were damaged.

The woman gave birth to a healthy boy 3 1/2 hours later.

Belleza also had been seen earlier at Kapiolani Hospital, where he allegedly threatened a security guard and a couple with a knife.



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