Judge stands by
ruling on bonding

The judge's decision upset
the mother of the boy, 17,
who was injured by
Jonnaven Monalim

By Linda Hosek
Star-Bulletin

A convicted Waianae man will have a 10 p.m. curfew, but won't have to go to jail until Nov. 2 for breaking the jaw of a 17-year-old boy last August.

When Jonnaven Monalim does report after a unique opportunity to bond with his newborn, his attorney likely will ask that he serve only a mandatory minimum of six months.

The state will argue that Monalim deserves a full 10-year term for his felonies and will cite police reports by people allegedly afraid to come forward.

"He's shown he can't be rehabilitated," Deputy Prosecutor Renee Sonobe Hong said yesterday after failing to get a judge to send him to prison immediately.

Circuit Judge Sandra Simms ruled from what she described as the "hot seat" and stood by a previous decision to delay prison for 31/2 months to give Monalim time with his son.

"Having a child is a humanizing experience," Simms said. "It is a life-changing experience."

She acknowledged that Monalim, 28, has two sides in which he either frightens people or shows promise. But she also said if he enters prison with a desire to mature for his son's sake, "we may all be better off for it."

William Harrison, Monalim's attorney, called Simms' ruling courageous, saying she wasn't swayed by emotion, the public or the news media.

Monalim declined comment, but the victim's mother said Simms' ruling lacked "reasoning."

"If judges are put on a bench to serve people and keep the community safe, then something wrong happened here," Geri Martin said.

She tearfully urged other victims to speak out to end Monalim's control over them, adding: "This is how people get power, because people don't come forward."

Simms didn't allow a Honolulu detective to testify about three 1995 and 1996 police reports, saying: "I don't think the court can operate on speculation."

Hong said the reports allege other violent incidents. Harrison said they were suspect, filed by people unwilling to make a formal complaint.

He said Monalim's criminal record stems from a 1989 conviction for burglary and terroristic threatening in which he was in a brawl.

Harrison said Monalim stayed out of trouble until the 1997 conviction for second-degree assault in which Monalim swung once in self-defense at a crowd that included the teen.

Hong had argued that Monalim's record should be considered in total to include the 1989 convictions, a 1990 conviction for spouse abuse, the three police reports and the 1997 conviction for assault.

She also said that the domestic abuse conviction may suggest that Monalim's baby could be at risk for his inability to cope with stress.

"It's clear in my mind that this child is very important to him," Harrison countered. "He assures me that there will be no issue of domestic violence."

Martin, who said she has had little sleep in recent weeks, said she would seek counseling to deal with the situation.

She became outraged after Simms allowed Monalim to remain free until Nov. 2. Simms had ordered him July 17 to report to prison July 20, but changed her mind out of court later that day.

Hong, who heard about Simms' decision from a telephone message after Simms left on vacation, asked another judge to send Monalim to jail. The judge referred the motion back to Simms, who yesterday said it was "necessary and of course appropriate" to consider the state's concerns.

In Monalim's sentence, Simms revoked his probation for his 1989 felony conviction and gave him up to 10 years in jail.

She resentenced him after a jury convicted him of assaulting the teen last year. She also gave him a five-year term for the assault with a mandatory minimum of six months in jail.

Harrison said he hopes the parole board looks at Monalim's potential for progress when it sets his minimum term.

"He comes in having never been in prison," he said. "They will look at what kind of progress he can make in the institution."

Simms turned to Monalim to plant a question for him to consider as he prepares for prison: "Who are you?" she asked. "You've got to decide."