Arakawa’s lawyer
needs doctor’s note

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By Treena Shapiro
tshapiro@starbulletin.com

Former Honolulu police officer Clyde Arakawa's attorney will have to present a doctor's note to the court indicating whether the lawyer will be able to go to trial in January.

Michael Ostendorp was unable to appear in court yesterday for a hearing due to fractured ribs and other injuries he sustained in a fishing accident on Oct. 7.

Ostendorp is defending Arakawa on a charge of manslaughter in the death of 19-year-old Dana Ambrose in October 2000 at Pali Highway and Iolani Avenue.

Yesterday's hearing was called to determine matters such as whether the jury would be permitted to visit the crime scene and whether certain evidence could be used in trial.

Due to Ostendorp's absence, Prosecutor Peter Carlisle asked whether the court was in a position to proceed and whether Ostendorp would be fit for the trial scheduled in mid-January.

"We're already falling behind in a number of deadlines that haven't been met," he said.

Circuit Judge Karen Ahn asked substitute attorney Rory Toomey to give Ostendorp the message that he was to submit a note from his doctor and be available for a Dec. 3 conference call to discuss his availability.

"What the court wants to do is have as good an idea as possible as to what we're going to do in mid-January and what's going to happen thereafter -- if we ever get to that point -- and a doctor's prognosis will certainly help," Ahn said, after Toomey objected to the request for a doctor's note.

"Never once have I heard a judge ask for a prognosis," Toomey said after the hearing. "We're professionals, not children in school."