Publicity has
‘poisoned’ jury pool,
former police
officer’s lawyer says

Jury selection in the manslaughter
trial continues next week

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By Debra Barayuga
dbarayuga@starbulletin.com

The attorney for retired Honolulu police officer Clyde Arakawa says he is not confident a fair and impartial jury will be impaneled.

Based on potential juror responses, "an overwhelming majority have made up their mind about his guilt," Michael Ostendorp said yesterday after the fourth day of jury selection.

He said he can count on two hands the number of potential jurors who said they have formed no opinions about Arakawa's guilt or innocence.

Evidence is expected to begin Jan. 29 in the manslaughter trial of Arakawa, charged with recklessly causing the death of 19-year-old Dana Ambrose in a car crash in October 2000.

The case generated intense publicity because it involved a police officer who allegedly had been drinking and because police later admitted extending him "courtesies" during the initial investigation. Arakawa, a 25-year veteran of the Honolulu Police Department, was on vacation at the time of the crash and was a month shy of retirement.

Seventy-nine people out of 375 summoned for jury duty for Arakawa's trial have been asked to return Wednesday for further questioning by attorneys. A jury of 12 plus four alternates is being sought for what is expected to be a three- to four-week trial.

This week's sessions were to determine who could serve for the trial's duration, what they have heard, read or seen about the case and whether they can set aside any preconceived opinions and decide only on the evidence presented in the courtroom.

While the 79 who were asked to return assured Circuit Judge Karen Ahn they could set aside their opinions, Ostendorp is skeptical. The defense had tried to have the trial moved to Oregon, where Arakawa now lives, but was denied.

Ostendorp had argued Arakawa could not get a fair trial here because extensive media coverage has "poisoned" the jury pool.

City Prosecutor Peter Carlisle, who will be prosecuting the case, told the court he is satisfied with the number of prospective jurors that remain. But he is taking a wait-and-see attitude until they resume questioning of potential jurors on Wednesday.

Arakawa does not dispute he was drinking that night but says he did not consume enough alcohol to be intoxicated. He contends he was not speeding and had the green light when he collided with Ambrose's car at Pali and School streets.