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Friday, January 7, 2000



Pauline attorney says parole
board hearing unfair

By Debra Barayuga
Star-Bulletin

Tapa

The attorney for Frank Pauline Jr. says he will appeal the parole board's decision on the minimum term his client must serve for the Big Island murder of Dana Ireland because his client was denied a fair hearing.

Dana IrelandPauline and his attorney Cliff Hunt appeared before the parole board at his minimum-term hearing via closed-circuit video from the Halawa Medium Security Facility yesterday. Hunt says Pauline was denied an opportunity to personally confront the board and those participating in the hearing.

"Especially if everyone knows they're likely to hammer him, at least he should be given due process and be able to see witnesses and people who will decide how much he will serve face to face," Hunt said.

Big Island Judge Riki May Amano sentenced Pauline in October to three life terms with the possibility of parole for second-degree murder, kidnapping and sexual assault in Ireland's brutal murder. But it will be up to the parole board to decide how much time he will actually serve.

The life terms for the kidnapping and sex assault are concurrent but will be served consecutive to the life term for murder. Pauline could face a minimum of up to 100 years, Hunt said.

The board is expected to issue a decision in two to three weeks.

Hunt had asked the board to continue the hearing to a later date so that everyone can be present in the same room simultaneously. The board noted his objections but denied his request.

At the hearing, Big Island prosecutor Jay Kimura described the 23-year-old Ireland as a young, happy, educated woman who was willing to help others.

He said one thing people hold dear is their constitutional right to life, liberty and the pursuit of happiness. But Pauline took all of that away from Dana Ireland, ending whatever future she had.

Ireland was riding her bicycle in Puna on Christmas Eve 1991 when she was hit by a car, abducted, raped and left to die. A jury in August found Pauline guilty of all three charges after a 5-week trial marred by numerous delays.

Pauline took the stand in his defense and denied his involvement in Ireland's murder. He had earlier confessed but later recanted.

Based on the jury's findings, Kimura asked the board to impose a maximum minimum term. "Given his record and what he did in this case, the longer incarceration will provide some safety to the community."

Brother-in-law Jim Ingham, who spoke on behalf of the Ireland family, asked the board to give Pauline the maximum term possible.

When given an opportunity to speak, Pauline declined to comment, saying his case was being appealed. Hunt also declined to comment because he felt the proceedings were improperly conducted.

Al Beaver, chairman of the Hawaii Paroling Authority, said hearings are conducted via video because of the number of minimum hearings held at the medium-security facility and to cut costs and make the process more efficient. "We've discussed this with the attorney general, and we feel we're in safe waters here."



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