Accused Mililani rapist
wants charges dismissed

The former prison guard is awaiting
his third trial; the first two
ended in mistrials

By Debra Barayuga
Star-Bulletin

A former prison guard awaiting a third trial in the abduction and rapes of five Mililani teens is asking that the charges against him be dismissed.

James Allen Thompson, 38, is seeking the dismissal based on a Hawaii Supreme Court decision that, in another case, affirmed a trial court's dismissal of a manslaughter charge after two hung juries were declared.

A hearing on Thompson's motion is set for Tuesday before Circuit Judge Wendell Huddy.

Prosecutors could not be reached for comment.

Thompson, of Mililani, has been through two trials, the latest in October, with both ending in mistrials. His third trial is scheduled for the week of Dec. 27.

"Basically they've had two shots and twice is enough," said his attorney, deputy public defender Todd Eddins.

If the motion is denied, the defense is expected to ask for a continuance of the trial because of scheduling problems.

Thompson also is asking to be placed on supervised release until his trial. A hearing on that request will be heard by Circuit Judge Michael Town on Dec. 16.

Thompson currently is being held in lieu of $750,000 bail. He is charged with 24 counts, including eight counts of first-degree sexual assault.

He is accused of preying on five Mililani teens between January to September 1997, abducting four of them at knifepoint and driving them to a remote location where he had them perform sex acts.

Thompson has been incarcerated since his arrest in September 1998.

In asking for supervised release, Eddins argued that Thompson has family here and does not have a criminal record.

Thompson's mother has agreed to sponsor him if the request is granted.