KEALAKEKUA — A jury trial set to start later this month for an off-duty police officer accused of assaulting his elderly neighbor is on hold. ADVERTISING KEALAKEKUA — A jury trial set to start later this month for an off-duty
KEALAKEKUA — A jury trial set to start later this month for an off-duty police officer accused of assaulting his elderly neighbor is on hold.
Kona Circuit Judge Ronald Ibarra on Friday suspended proceedings in the case against Jami Harper after the officer’s attorney filed a motion for mental examination.
The motion was filed Thursday, just more than two weeks before the Hawaii County police officer was slated to go on trial in connection with the Jan. 22 confrontation and alleged second-degree assault of his 72-year-old upstairs neighbor at the Kalanikai apartment complex in Kailua-Kona.
After the incident, Harper, 39, called police. Both were sent to the hospital. Harper, who police said was hospitalized as a result of a “medical condition,” was confined until Jan. 27 while the victim, who suffered facial injuries, was released Jan. 23.
A three-doctor panel will exam Harper in the coming months and submit findings to Ibarra’s court no later than Sept. 7. A hearing on those findings is slated for Sept. 14.
Until then, the trial, set for July 26, is off the calendar. Ibarra said he would wait to reschedule trial until after the Sept. 14 hearing.
The motion filed Thursday by Harper’s attorney, Michael Schlueter, seeks that his client only be examined for his “capacity,” not his “fitness to proceed” with trial.
Schlueter declined comment, as well as clarification on the motion, following Friday’s hearing other than saying “we’re covering all the bases.”
A request to view the motion Friday was denied because the case docket remained in the judge’s chambers.
Criminal attorneys on the Big Island and Oahu did not respond to requests for clarification of the law, not this specific case.
According to Hawaii Revised Statutes Chapter 704-404, which covers examination of a defendant with respect to physical or mental disease, disorder or defect, the report must include, among other requirements, a diagnosis of the physical or mental condition and opinions on the defendant’s capacity to assist in his/her defense, to appreciate the wrongfulness of his/her conduct and whether he/she had the state of mind required for the charges filed.
According to Section 408, that deals with determining responsibility, if the doctors determine the defendant was affected by a physical or mental disease, disorder or defect that substantially impaired his/her’s capacity, “the court shall submit the defense of physical or mental disease, disorder or defect to the jury or the trier of fact at the trial.”
Deputy Prosecuting Attorney Kate DeLeon said in court the state had no opposition to the motion, which she said her office had only received the day prior. She declined comment after the hearing.
Ibarra, after issuing the order suspending proceedings, prodded Schlueter as to why he had not filed the motion earlier in the case. Ibarra is known for keeping a tight court calendar with as few delays possible when a case is heading toward trial.
Schlueter attributed the delay to a variety of issues including “administrative implications” and having to “substantiate any concerns dating back to the beginning of the year, which delayed and complicated filing the motion.”
He also noted “there is not much else I can say as to the delay of the filing.”
Ibarra also warned Schlueter that the court could have denied the motion.
“The court is concerned that trials do not go as scheduled because of a late filing like this, especially in a case of high interest like this,” the judge said.
Harper remains free on bail pending the trial.
If convicted of second-degree assault, a Class C felony, he faces up to five years incarceration and fines up to $10,000.
The Hawaii Paroling Authority would set the actual term of imprisonment.
Email Chelsea Jensen at cjensen@westhawaiitoday.com.
