By William Cole
Advertiser Courts Writer
Honolulu Prosecutor Peter Carlisle’s request to see former police officer Clyde Arakawa’s probation records from a 1992 case was rejected yesterday by a Circuit Court judge, who ruled the information confidential.
"It seemed like a very, very fertile ground to find out more about Arakawa and alcohol," Carlisle after the hearing. But Carlisle added, "I can use what I have," in reference to the Nov. 30, 1992, criminal trespass case in which a Kailua man discovered a drunk, abusive and swearing Arakawa on his living room floor at 3:15 a.m., according to prosecutors.
The city prosecutor said he wanted to see the records in deciding whether to charge the now-retired officer with reckless manslaughter, negligent homicide or nothing at all in the Oct. 7 car crash that killed 19-year-old Dana Ambrose. Arakawa’s car slammed into the woman’s Honda Civic at the intersection of Pali Highway and School Street.
Carlisle said he is entitled to some records from the 1992 case — including the pre-sentence report — but Circuit Judge Dexter Del Rosario’s ruling yesterday means probation division notes and compliance records are off-limits for prosecutors. Arakawa was convicted of trespass.
Carlisle said authorities are "moving ahead expeditiously" with the Oct. 7 case, but he would not say if the police investigation has been completed.
More than seven hours after the collision, Arakawa’s blood-alcohol level was measured at .06, authorities said. A driver with a .08 blood-alcohol level is considered legally drunk. Arakawa, off duty at the time of the crash, was arrested and released on suspicion of driving under the influence of alcohol and first-degree negligent homicide.
In a court memorandum, Carlisle had previously said Arakawa, 49, may be charged with the more serious charge of reckless manslaughter because the officer claimed he had an "unexpected reaction" to alcohol in 1992 and, as a result, was aware of the risks of drinking and driving.
Carlisle had said in a court memorandum the state is entitled to find out whether Arakawa "was given an evaluation of his personal drinking problems," and what recommendations, if any, were made.
Attorneys representing the Adult Probation Division and Arakawa, who was not present for yesterday’s hearing, argued against Carlisle’s request, saying the release would violate confidentiality rules.
In quashing the subpoena, Del Rosario noted the state maintains it has witnesses who saw Arakawa run a red light and that he was driving twice the speed limit the night of Oct. 7. The state also has the record of sentencing from the 1992 case — including the judge’s order that Arakawa refrain from the use of alcohol.
Michael Ostendorp, an attorney for Arakawa, previously said witnesses reported seeing Ambrose speeding and running a red light when the crash occurred.
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