Man deemed dangerous,
gets life term for
filmmaker’s killing

Loss of control led Kennard Montez
to kill, the state says

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By Debra Barayuga
dbarayuga@starbulletin.com

He is intelligent, polite and well-spoken. He was licensed to practice law in Arkansas.

Diagnosed with a brain tumor, Kennard Montez, 39, came to Hawaii for a respite two years ago.

But under that calm demeanor, doctors say, was an explosive personality that, if triggered, caused him to lose control.

Loss of control is what the state believes caused Montez to strangle filmmaker Henry Kehau Paoa, 47, to death and gouge out both his eyes on April 2, 2000. A jury convicted Montez of manslaughter a year ago for recklessly causing Paoa's death.

The facts of the case and Montez's past history of violent episodes were among the reasons why Circuit Judge Virginia Crandall ruled yesterday that he was a dangerous person and was likely to harm someone again. Rather than sentencing him to 20 years, the statutory maximum for manslaughter, Montez was ordered to serve an extended term of life with parole because he was found to be dangerous.

Deputy public defender Todd Eddins called the extended term unwarranted and has indicated they will appeal.

He argued that Montez has no convictions for violent offenses, is not a persistent offender and was in good standing with the Arkansas Bar Association until he notified them of his conviction.

"Life for a guy with a brain tumor is a life sentence," Eddins said.

At trial, Montez claimed he was defending himself from Paoa.

In a brief statement before he was sentenced, Montez apologized to the court for his conduct, saying he still has nightmares about the incident.

"I'm saturated with misery and I'm unable to heal my wounds," said Montez, who joined a Toastmaster's chapter here after arriving in the summer of 1999.

"Every day of my life is a curse. If I die in prison, death may be a release from the torment. I pray I'll die in comfort."

After Montez was diagnosed with a brain tumor, he took up an acquaintance's offer to come to Hawaii and stay at an unoccupied Waikiki apartment.

Crandall agreed with two court-appointed doctors who ruled Montez was dangerous based on the facts of the case, violent episodes for which he was never convicted and a pattern of "not taking responsibility for events and explaining them away."

Deputy Prosecutor Jeff Albert said Montez's behavior has been referred to by doctors as "intermittent explosive personality."

He said when subjected to various stressors, Montez, particularly if under the influence of alcohol, basically "loses control."