Indictment dismissed in theft of medical examiner's records
Circuit Judge Richard Perkins granted Sharon Black's request to dismiss the indictment against her
Honolulu police outreach worker Sharon Black will not be tried a second time in a records theft case.
Circuit Judge Richard Perkins granted Black's request yesterday to dismiss the indictment against her for unauthorized computer access, tampering with government records and fourth-degree theft.
In dismissing the case, Perkins considered the state's interest in prosecuting the case against fairness to the defendant and the orderly functioning of the court, said deputy public defender Thomas Otake.
Black was facing a second trial this month after jurors announced at her first trial in January that they were deadlocked and a mistrial was declared.
Black, 47, was accused of accessing confidential medical examiner's records on suicides, printing copies of the files and taking them home, and failing to return the copies at the agency's request.
Black, through her attorney, expressed gratitude yesterday for the court's decision.
"We're elated justice has prevailed," Otake said.
"Sharon is a wonderful person who has done nothing wrong, but because she previously sued HPD for harassment, she became a target and they came after her, tried to convict her of a crime she didn't commit."
The resolution of this case sends a clear message to Honolulu police and prosecutors "that our society and justice system will not stand for baseless prosecution that is vindictive and retaliatory in nature," Otake said.
Honolulu police declined comment pending an internal administrative investigation. Deputy Prosecutor Chris Van Marter could not be reached for comment.
In prior court proceedings, Van Marter called the charges against Black "extremely serious" and said she showed a "willful and blatant disregard" for security procedures followed by the medical examiners when dealing with highly confidential files.
He argued that the case was about protecting the integrity of information deemed confidential by law.
Black, a longtime advocate for the homeless and mentally ill, had claimed that the charges and subsequent prosecution stemmed from the sexual harassment case she filed more than a decade ago against her HPD supervisors. She was subsequently awarded more than $500,000.
Black has been on administrative leave for the past year and a half from her job as an emergency crisis worker responding to calls from police when dealing with the mentally ill and homeless.
As part of her work, she conducted suicide awareness classes for new recruits at the police academy, she said.
Though the majority of the people she worked with in the Police Department are wonderful, Black said, she is not sure she wants to return there after what she went through in the civil harassment case and now the criminal prosecution.
"At this point, I really don't know if I want my job back," she said.
CORRECTION
Wednesday, March 21, 2007
» Honolulu police outreach worker Sharon Black was accused of taking confidential records from the city Medical Examiner's office. The headline on a Page A3 article yesterday about her indictment being dismissed incorrectly said the records were from HPD.
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