By William Cole
Advertiser Courts Writer
Lawyers working on behalf of the state Adult Probation Division are seeking to quash a Honolulu prosecution subpoena of 1993 probation records relating to retired Honolulu police officer Clyde Arakawa.
In court papers filed yesterday in Circuit Court, the attorney general’s office said the subpoena served Jan. 18 seeks "any and all documents" submitted in the 1993 case.
Arakawa, 48, was off duty the night of Oct. 7 last year when his Ford Thunderbird was involved in a two-car crash at School Street and Pali Highway. Dana Ambrose, 19, the driver of the other car, was killed.
Arakawa was arrested on suspicion of drunken driving and first-degree negligent homicide, but released pending investigation.
In 1993, Arakawa was convicted of misdemeanor criminal trespass for breaking into a Kailua home. The owner, who discovered Arakawa asleep on her living room floor, said the room "reeked" of alcohol.
In the court papers, attorney general’s office said prosecutors are not entitled to the release of confidential probation records about Arakawa.
While noting the courts can release confidential information in some circumstances, "in this case, it is difficult to see how the contents of a probation file from 1993 could have sufficient relevance to a criminal investigation in 2001 to warrant overturning the statutory mandate of confidentiality," the attorney general’s office said.
A hearing on whether to throw out the subpoena is scheduled for next Thursday.
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