CRAIG T. KOJIMA / CKOJIMA@STARBULLETIN.COM Three prison escapees caught Thursday afternoon made appearances in court yesterday. Warren Elicker, left, looked on as Albert Batalona stood before the judge with public defender Martin Bento. Also looking on was David Scribner.

Captured escapees
face more time

The prosecutor will seek extended terms
for the three if they are convicted of escape

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By Craig Gima
cgima@starbulletin.com

The city prosecutor plans to seek extended prison terms to be added onto the time that three Halawa prison inmates are already serving if they are convicted of escape.

If found guilty of escaping from the high-security facility at Halawa prison Feb. 4, Albert Batalona, Warren Elicker and David Scribner could be facing an additional 10 years each behind bars, double the normal sentence of five years in prison for second-degree escape.

The three were captured Thursday after escaping from Halawa High Security Facility on April 4 and spending nearly a week in the hills above Hauula.

Batalona, 27, is already serving a sentence of life without parole. But the Prosecutor's Office and public safety officials say if his sentence is ever commuted, they would like to make sure he serves additional jail time for the escape.

Elicker, 25, is serving two 20-year sentences for a home invasion robbery in Punaluu and a carjacking at Ala Moana Center. If an extended sentence is added on, he might not get out of prison until 2051.

Scribner, 20, is serving 10 years for an escape attempt at Oahu Community Correctional Facility in May 2002 and for other robbery and drug offenses. His escape convictions and the robbery and drug sentences were combined and he is serving both jail terms at the same time. If convicted in this latest attempt, prosecutors said they would like to see the sentence added on or served consecutively so that Scribner would serve up to 20 years.

At their initial appearance on the escape charges yesterday morning, the men were shackled and guarded by extra correctional officers.

Corrections Division Deputy Director Frank Lopez said the extra security will continue at other court appearances. "As long as they are moving outside the facility, they would be under strict security," he said.

A preliminary hearing is set for Tuesday.

Batalona tried to apologize to his son in court yesterday morning, but Judge Russel Nagata and Batalona's public defender warned him that anything he said could be used against him.

"I got a lot more to say and I just want to be heard," Batalona said before heeding his lawyer's advice to remain silent.

Meanwhile, a 25-year-old man who was driving a pickup truck that Elicker was riding in when he was caught has not been charged with helping the fugitive. The driver was arrested Thursday on suspicion of hindering prosecution and harboring a fugitive, but was technically released pending further investigation yesterday. However, he was still being held in the police cellblock on traffic and family court warrants.