An outwardly indignant state judge finally succumbed to the law in ordering a woman convicted of child abuse to wait behind bars during an appeal based on her assertion that she is untouchable by Hawaii law. The appeal lacks an ounce of merit, as the judge should have recognized from the outset before mistakenly allowing the defendant to be free during the appeal.

The error might have escaped public notice if the crime had not been so heinous. Rita Makekau was accused of mistreating her sister's five sons and daughter, now ages 10 to 18, in her custody. She did not deny accusations that she hit their heads with knifes and cans of dog food, their fingers with metal and wooden spoons and their mouths with a hammer.

Instead, Makekau, who calls herself royal minister of foreign affairs for the separatist “;Hawaiian Kingdom Government,”; claims to be immune from state and U.S. laws. Like other state laws, Hawaii's law allows defendants to remain free while awaiting the process of a meritorious appeal. By allowing Makekau to remain free last month, Circuit Judge Virginia Crandall essentially found that her claim of immunity had merit. The judge claims the deputy prosecutor assigned to the case did not object during plea negotiations to granting bail to Makekau, who pleaded no contest. Crandall said the deputy left the issue of bail up to the judge, which would have been either complacent or overconfident.

City Prosecutor Peter Carlisle was outraged by the judge's misstep, and Crandall accused him of having been “;very disrespectful of this court and the judicial process.”; Responded Carlisle: “;The key here is a wrong has been righted, and this lady is in jail where she belongs.”;