Third trial ordered in
sex assaults

By Debra Barayuga
Star-Bulletin

A former corrections officer accused of preying on five teen-agers, abducting three of them at knifepoint and forcing them to perform sexual acts, lost his bid to have charges against him dismissed.

James Allen Thompson, 38, will go to trial as scheduled the week of Dec. 27.

Deputy Public Defender Todd Eddins sought the dismissal yesterday, based on a Hawaii Supreme Court decision affirming the dismissal of a manslaughter charge in another case after two hung juries were declared.

In Thompson's case, "the government had two bites of the apple" and should not be permitted to prosecute him a third time, Eddins said.

The notoriety of the case and the anxiety of going through trial has been emotionally tough on Thompson and his family, he said.

The judge in Thompson's first trial declared a mistrial after the prosecutor made comments that may have prejudiced jurors. The court ruled the remark was not intentional and allowed Thompson to be retried.

But a mistrial was declared in Thompson's second trial in October after the jury was unable to reach a unanimous verdict.

The state had argued against the dismissal, with Deputy Prosecutor Paul Wong saying, "A fair and impartial jury should decide the case on the merits and only then will justice be reached in this case."

In denying the dismissal motion, Circuit Judge Wendell Huddy said the accusations against Thompson are serious and, while two mistrials were declared, only one was based on the merits of the case. Huddy said that did not constitute a constitutional violation of due process.

However, Huddy added the state presented DNA evidence in a manner that was confusing to jurors. He also criticized the prosecution's failure to present a piece of evidence that he said would support the identification of Thompson as the perpetrator.

Had the state done so, the result of Thompson's second trial would have been different, Huddy said. He did not say what the evidence was.

"With diligent search, counsel can find the evidence," he said.

Because of his comments, Huddy recused himself from presiding over Thompson's upcoming trial.

Thompson's request to be granted supervised release will be heard Thursday. He has been incarcerated since his arrest in September 1998. His mother has agreed to sponsor him, and Eddins said he will ask that Thompson be put under 24-hour house arrest.