XV. OFFICE OF THE PROSECUTING ATTORNEY
ROLE AND DUTIES
The Office of the Prosecuting Attorney is the legal
agency responsible for the prosecution of all criminal offenses
occurring on the Big Island and represents the people of this
community before the District Court, Family Court, Circuit Court,
Grand Jury, Intermediate Court of Appeals and the Supreme Court
of the State of Hawaii. The Prosecuting Attorney appoints the
necessary staff to carry out these functions.
The Deputy Prosecuting Attorneys also appear in Federal
courts, including the United States Supreme Court, to see that
Big Island convictions are not overturned. The agency's duty and
goal is to seek justice in criminal cases in the County of Hawaii.
STAFF
Appointed Personnel: 23
Permanent Personnel: 27
State funded Personnel: 15
Federal funded Personnel: 7
BUDGET
In the 1995 1996 fiscal year, the office had a total
projected operating budget of $4,254,720.00 of which one third
was from Federal and State funds. Despite a 13.9% combined cut
to our County and State funds, our office continued an effective
prosecution effort. The Career Criminal Prosecution Unit and the
Victim Assistance Unit were State funded. A Domestic Violence
Unit for Hilo and Puna was funded through a Federal grant, and
another Federal grant, The Victims of Crime Act, also funds positions
in the Victim Assistance Unit.
HIGHLIGHTS
Offices are located in Hilo, Kealakekua, and Waimea
to serve Big Island residents. The Prosecutor's Office is divided
into five units: 1) the Deputy Prosecuting Attorneys' Unit; 2)
the Administrative Unit; 3) the Victims Assistance Unit; 4) the
Investigative Unit, and 5) the Clerical Support Unit.
The Deputy Prosecuting Attorneys' Unit is divided
into East, West, and North Hawaii teams which handle all criminal
cases that occur in their respective districts. The East Hawaii
team, with 17 attorneys and support staff, covers the districts
of North and South Hilo, Ka'u and Puna. The West Hawaii team,
with six attorneys and support staff, covers the districts of
North and South Kona. The North Hawaii office with one attorney
covers the districts of Hamakua, South Kohala and North Kohala
except felony trials. There exists specialized sub units within
the attorneys' unit.
A major specialized unit is the Career Criminal Prosecution
Program which is a State funded project designed to get repeat
criminal offenders through the system as quickly as possible with
the maximum sanctions available. This unit continues to have a
high conviction rate. The Career Criminal program is also charged
with handling sex offenders.
Another specialized effort is drug prosecution. The
drug prosecution deputy handles major drug prosecutions and advises
the police regarding the commercial promotion of marijuana and
the increasing problems with cocaine, crack cocaine, heroin and
crystal methamphetamine (ice).
The Felony Units has been active this past year.
A number of notable murder trials were conducted on the island
including Kenneth Mathison, Tad Mason, William Hirano, Seneca
Hopps, Richard Chandler, Robert Jones, as well as other felony
and misdemeanor jury trials. The deputies continue to carry heavy
caseloads and respond to police inquiries regarding specific cases
at all hours of the day or night.
The Screening Unit was implemented for the East Hawaii
Office. This unit is responsible for all screening and charging
decisions for East Hawaii cases, including both felony and misdemeanor
cases. They also analyze cases for plea negotiations and present
appropriate cases to the Grand Jury. The benefit to the County
is greater uniformity in charging and faster response to the public.
More horizontal prosecution of cases is anticipated due to economic
conditions and the inability to hire additional professional staff
as a result of budget restrictions.
Forfeitures continue to be an uncertain source of
revenue for the office. Recent case law by the United States Supreme
Court has clarified the question of whether a Double Jeopardy
Claim can be recognized after administrative forfeiture. The Court
decided in favor of allowing forfeitures.
The Investigative Unit provides trial, pre trial
and post trial investigative assistance to the deputy prosecutors.
This unit also maintains a list of fugitives from Hawaii County
on the FBI's National Crime Information Center computer system.
The unit also works closely with the FBI and the U.S. Marshals
Office in returning fugitives nationally or internationally.
The Victim/Witness Assistance Unit attends to the
needs of victims and witnesses as they go through the criminal
justice system. Restitution, limited crisis counseling, and referrals
to other agencies to satisfy victims' needs are part of the many
duties assigned to this unit. This unit has also initiated a support
group for those affected by murder.
The Administrative Unit seeks additional State and
Federal funding for specialized programs, and manages the overall
operations and budget of the largest legal agency in our County.
The Clerical Support Unit keeps pace with the word
processing and information management needs of the office by extensive
use of computer equipment. The clerical support staff is an integral
part of successful prosecution.
The office was involved in the Law Enforcement Coalition
made up of all County Prosecutors, Chiefs of Police, and the State's
Attorney General. The coalition successfully lobbied for passage
of key pieces of legislation. These included reducing the blood
alcohol level for DUI to .08, having juvenile prints entered into
the Automatic Fingerprint Imaging System (AFIS), extending the
statute of limitation for certain sex assault cases, establishment
of a pilot Drug Court program, drug demand reduction fund and
sex offender registration. Other bills passed that will assist
law enforcement include Food Stamp fraud penalties, streamlined
tax penalties, new penalties for graffiti offenders, limitation
of public assistance for those abusing drugs, a tougher stalking
law, and increased penalty for manslaughter and car theft.
The office has been active in crime prevention programs
targeted at juveniles. Examples include the STEM (Shoplifting
Takes Everyone's Money) Program sponsored by the Chamber of Commerce
in conjunction with McGruff, the crime fighting dog; a Department
of Education pilot project for 5th and 6th graders to teach them
about the Family Court system; Operation Keiki ID; and specialized
training for the Department of Education and other government
agencies.
The office has assisted the Downtown Improvement
Association's Community Policing Subcommittee in addressing the
pressing crime problems in downtown Hilo; gotten involved with
the Puainako Business Association in their community policing
efforts; and outreached to the Hilo Community Policing groups,
Puna area neighborhood watches and numerous other groups that
have sought crime prevention and prosecution assistance.
New office projects involved operating a pilot Domestic
Violence Unit, identifying community groups involved in crime
prevention, and further educating community groups and others
on the criminal justice process.
The Domestic Violence Project has made significant
progress in improving the handling of domestic violence cases
in the office, the courts and the community. The program has been
assisted by numerous volunteers and continues to reach out to
the community by networking those individuals and agencies dealing
with domestic violence issues.
The Prosecutor's Office conducts training for police
recruits and reserve officers. The office also provides training
opportunities for numerous business and community groups, including
workshops for the Retail Committee of the Chamber of Commerce
and the Cattle Ranchers Association.
The office has been able to respond to the additional
caseload created by the Judiciary adding more court days and calendars
to the Family and District Courts, especially in the country districts.
In fiscal yearÿ1995 1996, the office received 17,763 referrals
from law enforcement agencies and other sources, with an average
of 1,480.25 referrals per month.
Significant coordination between the Prosecutor's
Office, the Hawaii County Police Department, the Department of
Public Safety, retailers, and the Judiciary led to minimum disruption
during several public demonstrations over Hawaiian sovereignty.
Scarce public resources were maximized to ensure the rights of
citizens to express their views and to enforce the law.
The designation of attorneys to specialize in the
handling of sex abuse cases has increased the quality of prosecution
and interagency cooperation. The office will continue its attention
to these difficult cases as we work closely with the Hawaii County
Police Department Juvenile Aid Section, the Childrens Advocacy
Center, the Child Protective Service, and Sexual Assault Support
Service.
The office along with the Hawaii County Police Dept.,
Hilo Hospital, YWCA Sexual Assault Support Service, Mayor's Committee
on the Status of Women, and other community groups and individuals
co sponsored the East Hawaii Sexual Assault Nurse Examiners training
which provided specialized training to enable nurses to perform
forensic examinations of sex assault victims. The training was
held in response to a lack of examiners. The training was attended
by nurses, police officers, and sexual assault victim advocates
from throughout the island and will undoubtedly improve the quality
of rape exams.
CASE REFERRALS
July 1, 1995 June 30, 1996
# Defendants # Charges
So. Hilo 3,914 6,810
Puna 1,697 3,147
Kau 253 494
Hamakua 272 474
So. Kohala 685 1,330
No. Kohala 234 460
Kona 2,466 5,008
Honolulu 10 13
Kauai 4 8
Maui 9 18
DOMESTIC VIOLENCE PROJECT
Domestic violence continued to negatively impact the entire community of Hawaii County in 1995. Indicative of this are the following statistics. Since 1987, there have been dramatic increases in the number of domestic abuse and violation of protective order cases. In 1995, there were 797 petitions for temporary restraining orders filed for protection against family members in Hawaii County. Compared to 354 petitions filed in 1992, the number of Family Court criminal filings in 1995 was 766. These cases involved physical abuse, harassment, threats or property damage to family or household members. Compared to Oahu, the Big Island continues to have four times the domestic violence rate and twice the child abuse
rate. Moreover, almost half of the homicides in Hawaii
County were domestic violence related during the past eleven years,
with three times the domestic violence homicide rate of Kauai
and Maui, and twice the rate of Oahu.
The Hawaii County Prosecutor's Office in 1993 established
a Domestic Violence Unit through funding provided by a Federal/State
grant in recognition of these problems. This unit's ultimate goal
is to end, or at least decrease, domestic violence within families,
as well as to decrease the overall violence in our society. By
establishing the Domestic Violence Unit, our office has been able
to focus on expeditious prosecution and effective arrests as these
have been recognized as key elements in the successful handling
of domestic violence issues.
Further, our office, along with other County agencies
and organizations, have recognized that to reduce the risk of
continued abuse and to successfully solve problems, agencies must
coordinate their efforts and share information. This has resulted
in the establishment of a county wide Domestic Violence Interagency
Team (DVIAT) which is coordinated by our domestic violence unit.
And, in order to extend much needed services to victims of domestic
abuse in a time when resources are very scarce, the Domestic Violence
Unit's volunteer program has provided us and the community with
thousands of hours of their valuable services at virtually no
cost to the County!
Although the grant funded Domestic Violence Unit
is situated in our Hilo office, its impact is felt in Kona and
outlying districts. In Kona, a deputy and a counselor were already
teamed together to effectively prosecute domestic violence cases.
Based on the efforts of our Kona domestic violence deputy, the
Hawaii Supreme Court recently changed its liberal interpretation
of what constitutes child abuse. It upheld a conviction of physical
abuse of a child over a claim of parental justification defense.
The Prosecutor's Domestic Violence Unit, with assistance
from DVIAT members and others, has produced a directory of the
primary domestic and family violence resources in Hawaii County.
The Domestic Violence Directory is intended to provide agencies
and practitioners with a concise listing of these resources and
a summary of their services and fees.
We, at the Hawaii County Prosecutor's Office, believe
that we have had a direct impact on the community in stemming
the tide of domestic violence. This has been done, not only through
the more traditional ways of effective and efficient prosecution,
but by taking a community approach to the problem of domestic
violence. As such, we highlight the activities and accomplishments
of the Domestic Violence Interagency Team and our Domestic Violence
Volunteers program.
DOMESTIC VIOLENCE INTERAGENCY TEAM (DVIAT)
Comprised of over forty government and non profit
agencies, community organizations, and interested citizens, the
Domestic Violence Interagency Team (DVIAT) meets monthly at the
Hawaii County Police Department. The Prosecuting Attorney's Domestic
Violence Interagency Coordinator has been serving as the coordinator
for DVIAT since its inception in 1994. DVIAT's mission is to prevent
and reduce family and domestic violence in Hawaii County, make
victims safer, and improve victim services. There are numerous
committees and subcommittees working on specific objectives and
issues.
MAJOR ACCOMPLISHMENTS AND ACTIVITIES OF DVIAT
Having completed short and long range plans of action,
DVIAT already has accomplished many of its goals and objectives.
Some of these are highlighted below.
1. SPONSORSHIP OF DOMESTIC AND FAMILY CONFERENCES
Through the efforts of DVIAT and the Prosecutor's
Office, two conferences were held in Hilo on preventing family
and domestic violence in April 1996. In October 1994, the Prosecutor's
Office co sponsored a state wide criminal justice conference on
domestic violence, which was widely attended by members of DVIAT.
2. SAFE CHILDREN CENTER ESTABLISHED IN HILO
Through the efforts of DVIAT, collaborations were
formed to establish a safe children center in the spring of 1995
at the Waiakea Settlement YMCA in Hilo. The purpose of such a
center is to provide a safe, neutral location where parents in
conflict can drop off and pick up their children, thereby avoiding
hostile confrontations that sometimes occur between custodial
and non custodial parents while exchanging children for visitation.
3. PUBLIC AWARENESS
Because community education is one of the keys to
preventing domestic violence, the Prosecutor's Office and DVIAT
have actively promoted a public awareness campaign. Such activities
include:
a. Production of a state wide public service announcement
for television;
b. Mass media awareness campaigns, including television,
radio, and newspaper;
c. Distributing victim safety plans, posters, bumper
stickers, and informational brochures throughout the community;
d. Establishing information and referral booths at
public events and shopping centers, and planning and participating
in educational forums;
e. Planning special events for the month of October,
Domestic Violence Awareness Month;
f. Sending letters and informational brochures to
the leaders of all religious organizations in the county;
g. Assisting with fundraising for domestic violence
agencies and for public awareness activities;
h. Exploring how to outreach to potential victims
through community based approaches.
4. EDUCATION AND INTERVENTION
The Education and Intervention Committee sent a "Domestic
Violence Needs Survey" to school personnel throughout the
county to determine what they felt were their greatest needs in
the areas of domestic violence education, training, and awareness.
Currently, the committee is planning what steps to take next in
addressing these issues in the schools.
5. LEGAL PROCEDURES AND ENFORCEMENT
The Legal Procedures and Enforcement Committee is
composed of criminal justice agencies, the judiciary, and domestic
violence service providers. Members meet to share information,
coordinate their services and activities, and work on specific
problems that arise.
Some of the tasks that have been completed or are
currently being addressed by the Legal Procedures Committee include:
Drafting recommended standards for batterers treatment
programs; drafting of domestic violence protocols for agencies
within the criminal justice and civil systems; and addressing
problems relating to coordination of the civil and criminal court
systems.