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Wednesday, February 9, 2000



Woman escapes charges
in husband’s slaying

By Leila Fujimori
Star-Bulletin

Tapa

City Prosecutor Peter Carlisle says he may not charge a 36-year-old Makakilo woman arrested after her husband was stabbed to death Monday.

Carlisle explained yesterday that his office examines whether a case is prosecutable.

"We cannot ignore potential defenses such as self-defense or battered spouse syndrome," Carlisle said.

The 36-year-old husband had multiple convictions of spouse abuse, which is admissible in court under most circumstances, Carlisle said.

After being stabbed in the neck, Abe Fiaai died at 4:50 a.m. Monday in a Makakilo townhouse on Kikaha Street. The wife fled with two of her four children.

The woman was arrested about two hours after the stabbing was reported to police at 4:11 a.m. She was released yesterday at 5:05 p.m pending further investigation, but was rearrested on an unrelated contempt of court warrant. She remained in custody this morning and had not posted the $150 bond.

Child Protective Services has taken custody of the couple's four children.

"Discretion can be applied in appropriate circumstances," said Carlisle. "By the same token, if there is a legitimate charge of murder, we are duty-bound to pursue it and enforce the statutes of the case."

The prosecutor's office will continue its investigation of the evidence, sorting out fact from speculation before making a final decision. "We're making sure we prosecute cases that ought to be prosecuted," Carlisle said.


Star-Bulletin reporter Rod Ohira contributed to this report.



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