Monthly Archives: March 2013

On Monday, March 25, 2013, at 2:20 P.M., I testified in opposition of HB642 HD1 that increases the amount of marijuana a medical marijuana patient can possess from 3 mature and 4 immature marijuana plants to 7 marijuana plants regardless of maturity, and from 1 ounce to 5 ounces of usable marijuana. The bill also increases the amount of patients a primary caregiver can oversee from 1 to 3.

In the evening, I exercised for the 25th time in 2013 by working on my abs, arms, and back for my strength training and running 8.14 miles in Honolulu for my cardio training.

On Sunday, March 24, 2013, from 3:30 P.M., I spent time with my mom, dad, and sister Lara at my parents’ house in Pearl City where my dad cooked prime rib and I cooked side dishes – zucchini and asparagus.

On March 23, 2013 at 9:30 A.M., I exercised for the 24th time for 2013 at Mililani 24-Hour Fitness where I worked on my abs, chest, and triceps, and ran 9.05 miles on the treadmill.

At 2:30 P.M. I watched the Gonzaga University basketball team play against Wichita State at my home in Waikele. Unfortunately Gonzaga lossed but I am proud of their West Coast Conference Championship and 32-3 season. Plus, many of their star players will be able to return next season.

In the evening, I hung out with Lina Han and Katherine Pak at Kissaten and a Korean restaurant in Honolulu.

On March 22, 2013, Deputy Prosecuting Attorney Thalia Murphy won a sexual assault trial in State v. Dewitt Lamar Long in which Defendant Long raped a 13 year old girl. In another case, Long raped another underage girl. Deputy Prosecuting Attorney is seeking an extended term of imprisonment because of Long’s history as a persistent offender.

March 22nd was also the lateral deadline at the Hawaii State Legislature where bills that are passed into the last committee they were referred to remain alive.

7 out of 11 Honolulu Prosecuting legislation are still alive for the 2013 legislative session:

SB418 that increases per diem for out-of-state witnesses;

SB873, SD2, HD1 that expands the ways the State can collect criminal restitution from offenders such as income withholding, tax refund withholding, and bail withholding;

SB880, SD1, HD1 that requires the court to impose a mandatory minimum term of imprisonment without possibility of parole or probation for a person convicted of certain acts of sexual assault against a minor under the age of twelve years.

SB978 that imposes a mandatory sentence of one year of imprisonment on a defendant convicted of cruelty to animals in the second degree involving five or more pet animals in any one instance;

HB231, HD1; SB870, SD1, HD1 that clarifies what acts of parental discipline are not applicable as a defense such as one who intentionally, knowingly, recklessly, or negligently does the following: throwing, kicking, burning, biting, cutting, striking with a closed fist, shaking a minor under three years of age, interfering with breathing, or threatening with a deadly weapon.

HB235, HD1 that amends the definition of “victim” in the victim restitution law to include certain duly incorporated humane societies or duly incorporated societies for the prevention of cruelty to animals; and

HB200, HD1 that includes an appropriation for the Department of the Honolulu Prosecuting Attorney.

In the evening, I hung out with Honolulu Deputy Prosecuting Attorney Allen Yadao and friends from the Hawaii Attorney General’s office.

On March 21, 2013 at 10:00 A.M., before the Hawaii House Public Safety Committee, I testified in support of our Honolulu Prosecuting Attorney bill, SB880 SD1 that requires the court to impose a mandatory minimum term of imprisonment without possibility of parole or probation for a person convicted of acts of sexual assault penetration against a minor under the age of twelve years.

I also testifeid in support of the Law Enforcement Coalition’s bill, SB1016 SD1 that adds comparable foreign convictions and tribal convictions to covered offenses; makes offenders who are subject to sex offender registration or notification in their jurisdiction of conviction, covered offenders under Hawaii law; makes it clear that a covered offender must register and report the offender’s permanent residence, current temporary residence, or if an address is not available, a description of the place or area in which the covered offender resides; amends the definition of “conviction” in section 846E-1, Hawaii Revised Statutes, to clarify that conviction, for purposes of sex offender registration, occurs on the date judgment is entered; creates a tier classification for any covered sexual offenses that are not clearly included within the current tier classification law; addresses the problem of covered offenders who do not have registered residences to which the post office can deliver mail and cannot receive the ninety-day verification mailings by requiring these offenders to report in person during the first weeks of the months of January, April, July, and October; and repeals the definitions of “mental abnormality, “personality disorder,” and “predatory.”

In the evening I exercised for the 23rd time for 2013. For strength training, I worked on my abs, arms, and back. For cardio, I ran 5.45 miles in Honolulu.

On March 20, 2013, at 8:30 A.M., I testified before the Hawaii House Health Committe in opposition of SB642 proposed HD1 that increases the amount of marijuana a medical marijuana patient can possess from 3 mature and 4 immature marijuana plants to 7 marijuana plants regardless of maturity, and from 1 ounce to 5 ounces of usable marijuana. The bill also increases the amount of patients a primary caregiver can oversee from 1 to 3. We believe the medical marijuana law should not be changed.

At 2:15 P.M. before the Senate Health Committee, Honolulu Deputy Prosecuting Attorney Tricia Nakamatsu and I testified in opposition to HB910 HD2, which establishes a 1 year limit to the length of conditional release for petty misdemeanor and misdemeanor charges; clarifies circumstances under which the one-year conditional release may be tolled; and requires information-sharing among public agencies. We opose the 1 year limitation on offenders being treated by the state hospital because any person on conditional releases are still a danger to self or others. Rather then an across the board discharge of offenders after 1 year, there should be a case-by-case analysis in deciding who should be discharged from medical care. I mentioned that if the state hospital does not want to oversee offenders who are deemed dangerous than at least contract an organization that is willing to treat them for their mental illness in order to protect the public.

At 5:30 P.M., together with Deputy Prosecuting Attorney Tricia Nakamatsu, Deputy Prosecuting Attorney Allen Yadao, and Mike Noguchi, I attended Representative Clift Tsuji and Representative Kyle Yamashita’s campaign fundraiser at Mandalay Restaurant in Downtown Honolulu.

On Tuesday, March 19, 2013, at 9:00 A.M., Deputy Prosecuting Attorney Tricia Nakamatsu testified before the Hawaii Senate Ways and Means Committee in support of HB200 HD1 relating to the state budget, supporting an appropriation for the Department of the Prosecuting Attorney of the City and County of Honolulu.

At 2:00 P.M., I testified before the Hawaii House Judiciary Committee in support of our department’s SB873 SD2 that creates standards and procedures for income-withholding, for purposes of enforcing restitution orders; amends the definition of “debt” relating to the recovery of money owed to the State to include court-ordered restitution subject to civil enforcement; provides priority of income withholding orders; removes court’s authority to revoke restitution once ordered; extends victims’ access to adult probation records, to include access to payment compliance records, for purposes of enforcing restitution orders; requires that any bail posted by a defendant be applied toward payment of any court-ordered restitution in the same case; and makes an unspecified appropriation to the judiciary for the purpose of enhancing restitution collection.

In the evening, I exercised for the 22nd time for 2013. I did strength training for my abs and shoulder, and cardio by running 4.77 miles in Honolulu.

In the afternoon of Monday, March 18, 2013, I won my third Assault 3 trial in Honolulu District Court in Courtroom 7B. This was a case where the defendant and two other men punched and kicked a young male victim over twenty times each until he was bloodied and bruised up. They assaulted the victim three times over the course of fifteen to twenty minutes, which occurred at Restaurant Row in Honolulu.

In the meantime, at 2:00 P.M., Honolulu Deputy Prosecuting Attorney Tricia Nakamatsu testified in support of the Law Enforcement Coalition’s HB1059 HD2 that requires the court to advise a criminal defendant of the effects of a guilty or no contest plea on alien status at the defendant’s arraignment and plea hearing, and again prior to the entry of a guilty or no contest plea or the commencement of trial.

On Sunday, March 17, 2013 at 10:00 A.M. I attended Honolulu Jodo Shu’s services. At 11:45 A.M., I chaired Honolulu Jodo Shu’s board of directors meeting. At 3:30 P.M., spent time with my mom, dad, and sister Lara at my parents’ house in Pearl City. We Skyped with my sister Mia and Elyse.

On Friday, March 15, 2013, I made a speech to the Hawaii Chapter of the National Association of Social Workers in the auditorium at the Hawaii State Capitol, which had mostly social worker students from the various colleges in Hawaii. I spoke about the legislative process and my experience in trying to get ideas passed into law.

At 10:00 A.M. before the Hawaii House Public Safety Committee, I testified in opposition of SB1141, SD2 that establishes a one-year limit on the length of time an individual may remain on conditional release if charged with a misdemeanor, petty misdemeanor, or violation; clarifies under what circumstances the one-year conditional release status may be tolled pending an individual’s hospitalization; and requires public agencies in possession of information related to a defendant’s fitness to proceed to provide the information to the court. Persons on conditional releases were found unfit to proceed in their criminal trial because of their mental illness and were placed under the care of the state hospital. It is important to note that persons on conditional release are a danger to self or others and need treatment to keep this risk to a minimum. If all such individuals are released into the public after one year, the public is placed at risk. Rather, there should be a case-by-case analysis to ensure dangerous persons are still treated.

At 2:00 P.M. before the Hawaii House Judiciary Committee I had testimony commenting our concerns on SB982 SD1 that proposes a constitutional amendment to determine whether an amendment to the Constitution of the State of Hawaii proposed by the legislature has been ratified by requiring that only yes and no votes be counted and that the total number of yes and no votes tallied upon the question in comparison with the total number of votes cast, including blank and spoiled ballots cast at the general election, constitutes a percentage that is at least equal to the percentage of the total number of yes and no votes on legislatively proposed amendments using the same comparison with the total number of votes cast, including blank and spoiled ballots cast at the general elections of the immediately preceding ten years. We believe that blank votes should continue to be counted as “no votes” because often times people don’t vote in support of an issue they don’t undertsand. Moreover, amendments of the constitution should not be made easier to pass.

In the evening, I enjoyed spending time with fellow Honolulu Deputy Prosecuting Attorneys at Che Pasta restaurant and the downtown area.

On Thursday, March 14, 2013 at 9:30 A.M., before the House Human Services Committee, the Honolulu Prosecutor Victim Witness Director Dennis Dunn testified in opposition of SB60, SD1 that requires victims of crimes and surviving immediate family members to be notified of their right to participate in the restorative justice process.

At 9:30 A.M. before the House Public Safety Committee, Honolulu Prosecutor Victim Witness Director Dennis Dunn testified in support of SB509 that proposes an amendment to the Constitution of the State of Hawaii guaranteeing that crime victims and their immediate surviving family members have specific rights related to information pertaining to and participation in the criminal justice process. Also, Honolulu Deputy Prosecuting Attorney Tricia Nakamatsu testified in support of the Law Enforcement Coalition’s SB1051, SD1 that amends section 306D-4, HRS, to allow for the service of process issued by another state upon a Hawaii recipient and clarifies the following: (1) that the service of process may be upon a person or business, but not a government agency; (2) that the process is for the production of records; (3) that the process must be based upon a pending criminal investigation or prosecution; and (4) that the person or business being served must have conducted business or engaged in transactions occurring at least in part in the issuing state.

At 6:00 P.M., I attended the Annual Cocktail Party hosted by the Diamond Head Hui at Pearl Ultra Lounge.

On Wednesday, March 13, 2013, at 11 A.M., Deputy Prosecuting Attorney Tricia Nakamatsu and I met with an attorney at our office regarding dog breeding issues.

At 12 P.M. I had lunch with my friend Ryan Sanada at a Cuban restaurant in downtown, Honolulu.

At 2:00 P.M. before the Hawaii House Education Committee, I testified in support of the following: SB1084, SD1 that proposes a constitutional amendment to permit the appropriation of public funds for private early childhood education programs, as provided by law; SB1093, SD2 that establishes the school readiness program within the early learning system; and SB1095, SD2 that establishes the early childhood education program within the early learning system. Studies have shown that there is less crime done by those who had early childhood education.

On Tuesday, March 12, 2013 at 1:30 P.M., Deputy Prosecuting Attorney Tricia Nakamatsu and I attended the Law Enforcement Coalition at the Hawaii Attorney General’s conference room to discuss legislation regarding marijuana.

At 2:00 P.M., I testified before the House Judiciary Committee in support of our SB879 SD1 that amends section 621-7, Hawaii Revised Statutes, to increase the per diem payments for out-of-state witnesses in criminal cases; and provides an additional per diem payment for witnesses from any island other than the island on which the court is located, when that witness is required to stay overnight.

Further, I testified in support of SB2 that amends the offenses of terroristic threatening in the first degree and robbery in the first degree to include the use of simulated firearms.

Lastly, I testified in support of our proposed amendment to SB192 to make Deferral of Acceptance of “No Contest” and Deferral of Acceptance of “Guilty” applicable only once.

From March 2 to 11, 2013, I had a wonderful time visiting my sister Mia, brother-in-law Mike, and my niece Elyse with my mom and dad in San Mateo, California. It is good to see Mia doing well with her medical practice in San Francisco and Mike working on his business in Palo Alto. I also enjoyed seeing my cousin Lana and her children: Kayla, Emi, and Brady, as well as Mia’s childhood friends living in the bay area. While there, I helped babysit Elyse, ran 33.2 miles in San Mateo, walked 4.5 miles in San Francisco, and finished my 3rd draft of my novel with 77,723 words. It was a relaxing and productive vacation.

On February 28, 2013, at 12:00 P.M. I attended a Hawaii State Bar Association (HSBA) 1-Hour Seminar on FASTCASE, which is an Internet legal research program for 1 MCPE credit. HSBA requires attorneys to have continuing legal education of 3 MCPE credits a year to remain licensed.

At 2:00 P.M. before the House Judiciary Committee, I testified in opposition to HB667 HD1 regarding medical marijuana. We have concerns on this bill because it creates immunity from searches; allows seven marijuana plants whereas current law allows only three mature plants and four immature plants; does not require patient to disclose on the registry card the location of his or her plant; has no penalties if certified physician prescribing the marijuana does not tell the patient’s primary care physician; and increases the amount of patients allowed for each primary caregiver from one to three.

In the evening, I attended a gathering of friends, many involved in politics under a mango tree.

On March 1, 2013, at 10:00 A.M. the Honolulu Prosecuting Attorney Legislative Team had a meeting with Honolulu Prosecuting Attorney Keith M. Kaneshiro. Today is also the First Decking Deadline for the Hawaii State Legislature in which all bills need to pass out of its final committee to still be alive this year. We have 8 out of 11 of our legislative proposals proceeding in the 2013 Legislative Session.

At 12:30 P.M., our team had a meeting at our office with Maui Deputy Prosecuting Attorney Richard Minatoya, Deputy Attorney General Lance Goto, and we conference phone called Kauai Prosecuting Attorney Justin Kollar to go over legislation that are still moving.

At 2:30 P.M., before the House Judiciary Committee, I testified in support of HB1059, HD1 that requires the court to advise criminal defendants of the effects of a guilty or no contest plea on alien status.

I also testified in opposition of HB910, HD1. One of the primary purposes of this bill is to limit conditional release to a maximum of one year, for anyone granted conditional release after he or she was: (1) committed to the custody of the Director of Health, following an acquittal for physical or mental disease, disorder, or defect excluding penal responsibility; or (2) placed on conditional release pursuant to Chapter 704, then had such conditional release revoked if the original charge against that person was a misdemeanor, petty misdemeanor, or violation. When conditional release is granted, the court makes a specific determination that conditional release is necessary, as the defendant is still affected by physical or mental disease, disorder, or defect and still a danger to self or others. The court grants a conditional release
because it feels that the defendant can be safely released only if he or she is adequately monitored and given proper care, supervision, and treatment. Without such supervision and treatment, the defendant will continue to be a danger to self or others. Rather than apply a set one-year limitation on all conditional releases granted under HRS 5704-412 in which the defendant was charged with a pettv misdemeanor, misdemeanor, or violation, the Department would strongly recommend a case-by-case review by the court, involving a thorough review of all relevant facts and circumstances. Inevitably, some cases will call for supervision and treatment beyond one-year, particularly in cases under HRS §704-412, where the defendant was previously committed and/or had their conditional release revoked. Public safety is the Department’s highest priority, and proper supervision and treatment of defendants is critical to preventing future violence or criminal activity. Instead of placing a set
time limit on conditional release, the Department respectfully suggests a standardized schedule for court review. When a court finds that the defendant may be released into the community without being a danger to self or others, then it is within the court’s powers to discharge him or her at that time. For all the foregoing reasons, the Department of the Prosecuting Attorney of the City and County of Honolulu opposes HB910, HD1.