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No jail time
for Blundell
The former legislator faced
punishment for groping
a police officer
Former West Maui Rep. Brian Blundell will not serve any jail time and will have an opportunity to erase a fourth-degree sexual assault charge from his record if he stays out of trouble for a year.
District Judge Lono Lee granted a request yesterday by Blundell, 63, to defer his no-contest plea for groping an undercover police officer outside a Kapiolani Park men's restroom on July 15.
Blundell was facing a maximum of one year in jail and a $2,000 fine or probation for the misdemeanor charge.
Deputy Prosecutor Leilani Tan Ching opposed the deferral and argued for at least six months of probation and a $500 fine despite his clean record.
She characterized Blundell's act as a "crime of impulse" that he succumbed to when presented with the opportunity.
According to a pre-sentence report, Blundell told the probation officer that he had dinner earlier that evening and left his Waikiki hotel to take a walk after he had difficulty falling asleep, Ching said.
He walked in the direction of the Paki tennis courts at Kapiolani Park aware that there was activity that he could possibly engage in, but at that time had no intention of doing so, she said.
But once he got there, he approached and groped an undercover officer "without the permission of the police officer," Ching said.
This behavior cannot be condoned, particularly since he is an elected legislator who betrayed the trust of his constituents, she argued. "This kind of action should not be erased from someone's record regardless of who they are."
Blundell, who lost his bid for re-election on Tuesday by 56 votes, apologized to the court yesterday, saying: "It's something that's not my normal lifestyle."
He said the incident and the subsequent media attention has been traumatic for him but he has dealt with it and he assured the judge he will not appear before the court again.
Defense attorney Howard Luke said Blundell clearly understands that what he did was against the law.
"This is not a case in which Mr. Blundell attempted to foist himself upon somebody else except for the fact that he mistakenly believed there was consent," Luke said.
Judge Lee said he seriously considered and found compelling the assessment by the probation officer and was moved by the numerous letters of support from Blundell's family and friends.
Outside the courtroom, Blundell said he will concentrate on getting Central Pacific Marine, his 30-year-old marine engine sales and service business, back up to speed and continue to be involved in the community.
He thinks its likely that he will seek elective office again because he enjoyed representing and working for the West Maui community and lost by only a small margin.
