Appeals court orders new trial in Ponzi case
SAN FRANCISCO -- The U.S. 9th Circuit Court of Appeals has ordered a new trial for a man convicted in Honolulu in 1993 of operating a $1 million Ponzi investment scheme.H. Wayne Hayes was not properly warned by U.S. District Judge Harold Fong about the dangers of serving as his own attorney, the appeals court ruled yesterday.
It reversed his conviction of mail and wire fraud and interstate transportation of stolen money which saw him sentenced to 20 years in prison.
Hayes sold shares in Louisiana oil and gas leases to Hawaii residents through his Apollo Oil and Gas Management Co. in the mid-1980s.
Prosecutors charged it was a Ponzi scheme that made interest payments to early investors from money obtained from new investors who were told the investment was insured.
While Judge Fong emphasized to Hayes that there are consequences to not having an attorney, the court said he did not adequately explain the specific dangers and disadvantages of self-representation.
"Because the court's dialogue with Hayes lacks such specificity, we must reverse the conviction and remand for a new trial," the court said.
It noted that the federal district courts have had trouble in the area of advising defendants against self-representation. Since 1978, the appeals court has reversed convictions in more than 15 such cases.
Harris sees a squeeze in next city budget
Mayor Jeremy Harris told reporters yesterday that the city may be looking at another tight budget year.He cited pay increases resulting from collective bargaining contracts, a "dramatic increase" of $28 million in the city's contribution to the employee retirement system, and higher health fund costs.
Harris said it's too early to say what kind of shortfall, if any, the city will be facing. The administration submits its budget to the Council in March.
Keep Hawaii green, get an Arbor Day tree
Free trees to mark Arbor Day, compliments of Hawaiian Electric Co., will be available tomorrow, starting at 7 a.m. at five different Oahu sites:Waianae Coast: Kahe Power Plant, 92-200 Farrington Highway.
Wahiawa Botanic Garden, 1396 California Ave., next to Wahiawa District Park.
Pearl City, Urban Garden Center, 926 Second St.
Honolulu: HECO's mid-town facility, 820 Ward Ave., across from Blaisdell Center.
Kailua: HECO's Koolau Baseyard, 1387 Ulupii St., off Kalanianaole Highway, across from Maunawili Elementary School.
Arbor Day actually is today, Nov. 3, but giving 2,000 trees and shrubs away is better accomplished when most people have a day off.
The project is in conjunction with the state Department of Land and Natural Resources and the U.S. Forest Service, the University of Hawaii and Honolulu Botanical Gardens.
Supplies are limited to one per family.
Safety seat lessons offered at Waimanalo
A Child-Care Safety Seat Check-Up Station will operate from 8 a.m. to noon tomorrow at the Waimanalo Health Center, where people will demonstrate the correct way to buckle up a child in a child safety seat.The free program also will give away some car seats to families that qualify financially. For more information, call Raynette Kepa at 259-7948.
State to consider importing pest foes
Controlling insect pests by using other insects to reduce the pest populations will be considered by the state Board of Agriculture.A Big Island citrus grower submitted a request to place seven insect species on the conditionally approved import list.
No meeting dates have yet been set. Those interested should contact the Plant Quarantine Branch at (808) 586-0844 for dates and times.
Salvation Army can help families and individuals
People can apply for Salvation Army help for needy individuals and families from 9 a.m. to noon and 1 to 3 p.m. through Nov. 10 at four Oahu sites.Individuals must bring identification for all household members, and verification of present address and current income. Applications may be obtained and completed applications dropped off at:
Central Oahu Corps (Wahiawa), 1106 Kilani Ave., telephone 621-3030.
Kaneohe Corps, 45-175 Waikalua Road, telephone 235-1408.
Kauluwela Mission Corps (Honolulu), 296 N. Vineyard Blvd., telephone 521-6551, and
Leeward Corps, 98-612 Moanalua Loop, telephone 487-1636.
Additionally, on Nov. 8 and 10, applications will be taken at the Old Haleiwa Gym, 66-434 Kamehameha Highway.
Tomorrow
Some events of interest9 a.m., Farrington Hwy., Nanakuli: Annual Nanakuli Veterans Day Parade and Hoolaulea. Entertainment, exhibits, food and craft booths will be featured. The parade starts at Ulehawa Beach Park and ends at Nanakuli Beach Park.
Corrections
The Kapiolani Park archery range has four targets. A story Oct. 25 said incorrectly that there were five targets.
An item Oct. 25 quoted Mike Lupica of the New York Daily News as saying Benny Agbayani "is part Hawaiian on his mother's side." Agbayani is not part Hawaiian, but he is part Samoan, which Lupica left out.
Police, Fire, Courts
By Star-Bulletin staffHonolulu Police Department Crimestoppers
Kapahulu bank robber suspected in two others
Bank of Hawaii's Kapahulu branch was robbed yesterday by a man suspected of robbing two other banks last month.The suspect is in his 20s, stands about 5 feet 5, weighs between 130 and 140 pounds and appears unshaven. He wore a light-colored baseball cap, long-sleeved black jacket and blue jeans during the robbery.
The man entered the bank at 9 a.m., presented a demand note and fled with an undisclosed amount of cash.
The FBI said he is also a suspect in the Oct. 12 robbery of First Hawaiian Bank in Liliha and last Friday's robbery of American Savings Bank in Kapalama.
Yesterday's bank robbery was Hawaii's 29th of the year.
Mililani man charged in weekend carjacking
Police charged a 20-year-old Mililani man yesterday in connection with last weekend's carjacking near Haleiwa.Ralph P. Cuesta of Waimakua Drive was charged with first-degree robbery and three counts of kidnapping. His bail amount was not disclosed by police.
Cuesta is accused of stealing a rental car from three women tourists on the North Shore. During the robbery he allegedly shocked the women with a stun gun.
Court hearing Monday in Maui abduction case
WAILUKU -- A preliminary hearing is scheduled Monday for a Maui man accused of abducting an 8-year-old Kihei girl during Halloween festivities in Lahaina .David True Seal, 21, of Hana has been charged with kidnapping and attempted first-degree sexual assault of the girl.
His bail was set at $40,000.
A man grabbed the girl at 8 p.m. on Oct. 31, as she was celebrating Halloween with her mother and grandmother on Front Street in Lahaina, near a park fronting the state library.
Maui police said the man took the girl to a secluded area near Luakini Street, where he was disrobing her when another man yelled at him. The abductor fled, jumping into the harbor.
The suspect was arrested, naked and hanging onto a buoy, outside the entrance of the harbor at about 8:30 p.m.
Two arrested in theft from Iwilei's Home Depot
Police arrested two men, including a store employee, yesterday for trying to steal from the Home Depot in Iwilei.The men were seen removing anti-theft devices on more than $300 worth of merchandise and loading goods into a pickup truck at 4:45 p.m., police said. A guard detained the men for police.