Musician acquitted of sex assault
JUDGE SAYS KAHUMOKU IMPAIRED BY MENTAL DISEASE
KEALAKEKUA — A wellknown Hawaiian musician acquitted Tuesday of sex assault and other offenses will still have to register as a sex offender for the rest of his life.
Keoki K. Kahumoku, whose music appears on five Grammy Award-winning slack-key guitar compilation albums, was acquitted by reason of physical or
mental disease, disorder or defect of two counts each of first-degree sex assault and kidnapping, and granted conditional release by 3rd Circuit Court Judge Robert D.S. Kim.
The verdict followed a stipulated facts bench trial and motion for acquittal by Kahumoku’s public defender, Wendy DeWeese.
“The court finds that there is no dispute with the three doctor’s reports that the defendant lacked capacity and was substantially impaired by mental disease or disorder at the time of the original offenses,” Kim said in finding Kahumoku not criminally responsible for the charges stemming from incidents in May 2015 in Ka‘u.
Kim granted Kahumoku conditional release, finding that Kahumoku “can be controlled adequately and given proper care, supervision, and treatment if the defendant is released on conditions set forth.”
The judge imposed a variety of conditions, including that Kahumoku must continue to obtain psychological treatment until clinically discharged, submit to drug and alcohol tests as directed and register as a sexual offender for the rest of his life, among others.
“Even though you’re acquitted, you’re required by law to register,” Kim told Kahumoku, who sat motionless for much of the hearing, answering Kim when prompted if he understood the conditions of his release. A review hearing is set for August.
The charges from which Kahumoku was acquitted stem from incidents that occurred on May 6 and 7 of 2015 in the Ka‘u. According to the stipulated facts, the victim identified Kahumoku as a family friend. She further stated that Kahumoku had come to her residence around 8:30 a.m. and began banging on the door, repeating her name.
The victim statement indicates that she saw Kahumoku acting strange and scratching himself in the facial area with his hands. She did let him in the house.
Once inside, the suspect pulled the victim into her bedroom where the alleged assault occurred. According to the victim’s statement, Kahumoku returned the next day and assaulted her again.
Also during Tuesday’s hearing, Kim acquitted by reason of physical or mental disease, disorder or defect Kahumoku of charges of second-degree theft, harassment, fourth-degree sex assault, fourth-degree criminal property damage and first-degree burglary stemming from a separate, unrelated case that occurred Oct. 13, 2016, also in Ka‘u.
In that case, the complainant alleged Kahumoku broke into her Ocean View home, damaged a gate, harassed and exposed himself to her and stole gold bracelets with a value exceeding $750.
The sex offender registry condition imposed in the case stemming from the 2015 incident was not imposed in the 2016 case.