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Feary family, state reach
$175,000 settlement

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By Richard Borreca
Star-Bulletin

The state has agreed to a $175,000 out-of-court settlement in a wrongful death lawsuit filed by the family of singer Mackey Feary.

Feary, one of the founding members of the band Kalapana, committed suicide at the Halawa Correctional Facility Feb. 20, 1999.

This morning his sister Dancetta Feary Kamai explained at a state Capitol news conference that although her brother had been diagnosed as suicidal and had twice previously attempted suicide, he was not put on a prison "suicide watch."

Also, she said prison officials took away his anti-depressant medications and refused to allow him to see a psychiatrist.

Feary was sentenced to 10 years in prison for criminal property damage and drug convictions.

He was placed on probation in 1996 for damaging a car and possessing crystal methamphetamine. In 1999 he failed a drug test, but was sent to a drug treatment program.

After failing another drug test, Feary was sent to prison. His attorney, however, had argued that Feary's anti-depressant medications were producing the false positive drug test results.

Feary's sister said Feary had asked for help in prison, pointing to his depression and substance abuse. But, she said, he was denied help in prison.

"For a person with depression this was a death sentence," she said.

"Mackey's dying wish was that his death should not be in vain," she said.

The Drug Policy Forum of Hawaii is sponsoring events this evening in memory of Feary and to raise awareness for a bill in the Legislature that would allow first-time drug offenders to be sent to drug counseling instead of to prison.

Gov. Ben Cayetano asked for the legislation, which is based on a California law that diverts convicted drug offenders to treatment programs.