Judge releases accused
sex assailant until trial
A 28-year-old Waialua man indicted in May with sexually assaulting a female relative under 14 years old over a three-year period was granted supervised release to his mother yesterday pending trial.
Zachery Aplaca was already on supervised release in an October sex assault case when he was arrested and returned to custody on the May charges. In the earlier case, he is accused of molesting and sexually assaulting four other relatives -- three girls and a boy under 14 -- between June 1995 to June 2001.
Circuit Judge Reynaldo Graulty said yesterday that Aplaca is presumed innocent until proven guilty. Graulty said he relied on testimony from Aplaca's mother and reports from a doctor and the Oahu Intake Services Center indicating that he is not a danger to the community or the alleged victims as long as he continues to abide by court-imposed conditions.
"I am appalled he was placed on supervised release again," said Deputy Prosecutor Thalia Murphy after the hearing. "How many does he have to molest before he is locked up?"
On the latest charges, Aplaca was charged with 11 counts, including first-degree sexual assault that allegedly occurred between July 1998 to July 2001.
Murphy, who argued against Aplaca's release, said he is a danger to the community, particularly the victims. In the earlier case, Aplaca allegedly threatened the children with violence if they told anyone, she said.
Because Aplaca is charged with Class A felonies, he faces a potential 20-year prison term which can be extended to life, making him more of a flight risk, she said.
Deputy Public Defender William Bento argued that there have been no allegations that Aplaca has threatened the complainants or posed a danger to the community. Aplaca knew about the latest allegations when he was indicted in the earlier case and made no effort to contact the victim then or even flee, Bento said.
Aplaca was ordered to live with his mother and undergo electronic monitoring and was placed under house arrest. He was also ordered to stay away from schools and have no contact with the alleged victims and their families. He also must be supervised during visits with his two children.
While Aplaca appears to have complied with the court's conditions, Graulty said he was disturbed that Aplaca had changed residences and was living with his girlfriend and their two children for a three-month period.
Aplaca is expected to go to trial in both cases in September.