Judge denies
Arakawa’s quest
for public defender

The ex-police officer's attorney
also cannot withraw as counsel

---

By Debra Barayuga
dbarayuga@starbulletin.com

A state judge denied former police officer Clyde Arakawa's request today for a public defender for his criminal trial in September.

Circuit Judge Karen Ahn also denied a request by Arakawa's attorney, Michael Ostendorp, to withdraw as counsel.

Arakawa is accused of manslaughter in an Oct. 7 car crash that killed 19-year-old Dana Ambrose.

Ostendorp said after the hearing that he will go before the administrative judge for litigation expenses so he can continue preparing the case.

The court based its decision on a review of whether the expenses have been reasonable and adequate and whether Arakawa can afford it. Ahn also looked at Arakawa's available resources and whether expert fees expended were reasonable.

Ostendorp accused the state of applying different rules for former police officers, saying other criminal defendants, including Byran Uyesugi, had public defenders appointed.

"It's hunting season on retired beat cops," Ostendorp told the court today. "He cannot afford his own defense and he is entitled to have a lawyer appointed for him."

But Deputy Prosecutor Jean Ireton told the court Ostendorp is to blame for the situation they are in now. "He is responsible for spending Mr. Arakawa's money in a fiscally irresponsible manner to get through trial."

What happened with Uyesugi is not the case here, Ireton said.

In Arakawa's case, he had a substantial amount of money at the outset of the case -- at least $106,000 based on Ostendorp's representations. That included a $26,000 lump-sump payment from the Employees Retirement System when he retired, $10,000 from his father, $45,000 and $25,000 separately from the sale of two homes in Oregon.

The $45,000 was from a home that was valued at $200,000. Oregon property records also show he bought a home in 1996 for $210,000 and put $60,000 down. He sold the home earlier this year but has provided the state with no records for this transaction, Ireton said.

Arakawa also has refused to provide a copy of his income tax returns, so the state is unable to gauge his financial affairs.