Posted on: Friday, July 13, 2001

Defendant Arakawa claims he is broke

By Curtis Lum
Advertiser Staff Writer

Former Honolulu police officer Clyde Arakawa says he is broke is asking a state judge to declare him indigent so he can receive public money to pay his mounting legal bills.

Arakawa is charged with manslaughter in connection with the Oct. 7, 2000, traffic accident that killed 19-year-old Dana Ambrose. Prosecutors say Arakawa, 49, was driving under the influence of alcohol when his 1993 Ford Thunderbird collided with a 2000 Honda Civic driven by Ambrose.

His trial is set for Sept. 17 before Circuit Judge Karen Ahn.

Guy Matsunaga, one of Arakawa's attorneys, told Ahn yesterday that legal fees leading up to the trial have exhausted Arakawa's finances. In addition to the criminal case, Arakawa is being sued for damages by the Ambrose family.

Arakawa, who is living in Oregon, did not appear in court yesterday. He contends that a malfunctioning traffic light at the corner of School Street and the Pali Highway contributed to a fatal accident.

Matsunaga said Arakawa paid co-counsel Michael Ostendorp a retainer fee upfront, but Matsunaga said that money, more than $20,000, has been spent to pay expert witnesses. He said neither he nor Ostendorp has been paid any additional fees by Arakawa.

"To get the full expert analysis, there's gonna have to be a little bit more money spent on this case, and basically, he has nothing else to put forth," Matsunaga said.

Bill Jameson of the public defender's office told Ahn that Arakawa qualifies to be represented by his office based on a two-page form Arakawa filled out. Jameson said the form showed that Arakawa is "indigent."

But Deputy Prosecutor Jean Ireton objected to having the taxpayers foot the bill for Arakawa's defense and she questioned the validity of his claims. In the past two years, Ireton said, Arakawa sold two homes in Oregon for more than $200,000 each and he receives about $2,000 monthly from his police pension plan.

"It would be in the best interest of the taxpayers to have the court have Mr. Arakawa prove his financial situation," Ireton said. "He's claiming that he has zero assets. I find that extraordinarily hard to believe."

Ahn agreed and ordered Matsunaga to present Arakawa's financial records and tax documents to her before she makes a ruling July 26.

If Ahn rules in Arakawa's favor, Matsunaga said he and Ostendorp would like to continue serving as Arakawa's attorneys. But if the court turns the case over to the Public Defender's office, Matsunaga said he and Ostendorp would withdraw.

The two lawyers would see a drastic cut in pay if their legal fees are paid for by the state. They can charge up to $40 per hour for office work and $60 an hour while in court, which is much less than the normal fees charged by Matsunaga and Ostendorp, Matsunaga said.