Bail increased for man held in drug case
A Kawaihae man’s bail was increased to $500,000 pending a hearing to determine whether he is mentally fit to face a long list of drug charges.
Third Circuit Court Judge Elizabeth Strance agreed to raise Martin Frank Booth’s bail from $275,000 at a hearing Monday morning, while the court awaits the mental fitness exams. A hearing on those reports, as well as the Prosecuting Attorney Office’s request to revoke Booth’s bail entirely, is scheduled for later this month.
Booth, 55, was charged in January with meth trafficking, eight counts of promoting dangerous drugs, promoting controlled substances near a school, three counts of promoting detrimental drugs, three counts of possessing drug paraphernalia, six firearm offenses and terroristic threatening.
His attorney, Dean Kauka, argued against proceeding with any hearings until the mental fitness reports were completing, noting that he couldn’t be certain Booth fully understood the motion unless doctors concluded Booth was competent to continue with the court proceedings.
Strance said she “can’t imagine the court lacks authority” to address bail issues while awaiting the outcome of a mental fitness examination, although Deputy Prosecuting Attorney Sheri Lawson’s argument didn’t explicitly outline that authority.
Kauka said he agreed that the court probably did have that authority, and Lawson said she would submit an argument to that effect.
Lawson argued in her March 28 motion to revoke Booth’s bail that allowing him to remain out of police custody presented a danger to the public.
“The defendant made statements to police … that he ‘would shoot somebody’ if he were around guns,” the motion said. “The defendant also stated that he carried guns on him on purpose in the hopes that if contacted by the police, they would kill him.”
The motion said Booth failed to keep contact with an appointed representative and failed to provide proof of completing a mental health and anger management assessment. Booth also failed to appear in court for a Feb. 11 preliminary hearing, the motion said.
The bail revocation hearing will take place the same day as Booth’s mental fitness hearing, Strance said.
Email Erin Miller at firstname.lastname@example.org.
Rules for posting comments
Comments posted below are from readers. In no way do they represent the view of Oahu Publishing Inc. or this newspaper. This is a public forum.
Comments may be monitored for inappropriate content but the newspaper is under no obligation to do so. Comment posters are solely responsible under the Communications Decency Act for comments posted on this Web site. Oahu Publishing Inc. is not liable for messages from third parties.
IP and email addresses of persons who post are not treated as confidential records and will be disclosed in response to valid legal process.
Do not post:
- Potentially libelous statements or damaging innuendo.
- Obscene, explicit, or racist language.
- Copyrighted materials of any sort without the express permission of the copyright holder.
- Personal attacks, insults or threats.
- The use of another person's real name to disguise your identity.
- Comments unrelated to the story.
If you believe that a commenter has not followed these guidelines, please click the FLAG icon below the comment.