Mu­si­cian ac­quit­ted of sex as­sault

JUDGE SAYS KAHUMOKU IM­PAIRED BY MEN­TAL DIS­EASE

West Hawaii Today - - Front Page - BY CHELSEA JENSEN cjensen@west­hawai­ito­day.com

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.

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