Tied hands
frustrate HPD

Police say that a new policy
fuels auto theft and lets criminals
back on the street

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By Nelson Daranciang
ndaranciang@starbulletin.com

Honolulu police complain that a policy change from the city prosecutor is making it harder to keep chronic criminals off the street and has led to an increase in auto thefts and other crimes.

Police must have a prosecutor's approval to file criminal charges against an arrested suspect. Responding to budget restraints and a heavy court load, the city prosecutor's office in January temporarily tightened the criteria governing the type of suspects who can be charged.

Honolulu Police Chief Lee Donohue said the change is affecting the officers' morale as they see habitual offenders released back into the community.

"We arrest them, they get let out, we arrest them again. Some have been released from prison, they get arrested four times since being released, they're still not being charged," he said.

"Seems like there's a revolving door here, not much consequences for a criminal act," Donohue said.

Since January, only those cases involving career criminals, transients, serious juvenile offenders, dangerous persons (accused of committing violent crimes), class A felonies or higher, Weed & Seed districts and crimes against visitors in Waikiki are approved for charging by police.

The new charging criteria was detailed in a Dec. 19, 2001, memo from Honolulu City Prosecutor Peter Carlisle to Donohue.

The previous charging criteria included cases involving crime sprees, repeat offenders, suspects identified as gang members, prostitutes and crimes committed against the elderly.

Police say auto theft is especially affected by the changes.

From Jan. 1 to May 31, police said there were 3,219 auto thefts reported on Oahu, a 37 percent increase from 2,345 in the same period last year. Police say the number of other property crimes is up as well, however they do not have specific statistics.

Of the 435 suspects arrested for auto theft on Oahu in the first five months of this year, 47 have been charged with unauthorized control of a propelled vehicle. Ten were released and face no charges. The rest, 378, were released but still face charges.

Under the old criteria, 161 suspects could have been charged, police said.

The cases that do not meet the new criteria are instead taken before a grand jury for possible indictment, a more lengthy process. In the meantime, the arrested suspect is released.

Carlisle said the change in criteria was needed because of budget restraints and because the division that screens cases that police want to take to court has only two prosecutors instead of three. The overall department is understaffed by six lawyers, he added.

Furthermore, he stated, "It's not like we're not charging lots of cases already."

"Even though the charging criteria was changed, discretion was left with the prosecutors so under appropriate circumstances they are capable of charging cases," Carlisle added.

Likewise, Lawrence Grean, director of the prosecutor department's Screening Intake Division, said the change has had little effect on the number of cases police are allowed to charge, and that suspects who may pose a threat to public safety continue to be charged.

Carlisle said his office has been charging more cases and getting more criminals off the street faster than the previous administration. But, he said, he would not agree to charge all suspects, especially those who have a good chance of winning release after appearing before a judge.

Besides, Carlisle said, the change was only supposed to be for six months and he believes his fiscal 2003 budget, which takes effect on July 1, will allow him to add another lawyer for the Screening Intake Division. He said he will decide in a few weeks whether to keep the current criteria or go back to the old one.

In the meantime, police say, criminals are getting accustomed to the change.

Suspects who police arrest over and over know the criteria and treat the arrest as a formality, said Capt. Carlton Nishimura.

"They say, 'You got my address. This is not a violent crime,' " he said.