Posted on: Tuesday, July 24, 2001

Arakawa to pay legal fees

By Brandon Masuoka
Advertiser Staff Writer

State taxpayers will not have to pay legal bills for former Honolulu police officer Clyde Arakawa, who was involved in a fatal traffic accident while off duty last year.

A Circuit Court judge today denied his request to have the state pay his legal fees.

Arakawa wanted Circuit Judge Karen Ahn to declare him indigent so he could receive public money to pay his legal fees. But Ahn denied that request, ruling that Arakawa's attorneys could not withdraw from his case and that Arakawa will not be allowed a court-appointed lawyer.

Arakawa is charged with manslaughter in connection with the Oct. 7, 2000, traffic collision 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.

Arakawa, who attended the proceeding, said he has exhausted his finances on his legal defense and that he's living sparsely, "doing my own shopping" and renting a residence in Oregon. He also spent $800 to fly to Honolulu for the proceeding, he said.

"I'm not a retired major or chief," said Arakawa, a 25-year veteran of the force, when asked about his finances. "I'm a beat cop all my career."

Arakawa's lawyer, Michael Ostendorp, said that his client has no money to pay for a defense. But prosecutor Jean Ireton said Ostendorp knew at the outset of the case that Arakawa had $106,000 for his defense and still agreed to represent Arakawa. Of that $106,000, a total of $84,000 has been spent on experts and attorney fees, she said.

Ostendorp said Arakawa had the money at one point, but no longer has the money because of additional cases, adding "he has a constitutional right to have a lawyer appointed if he can't afford one."

Ireton said Ostendorp spent lavishly on experts and wanted taxpayers to pick up the tab for Arakawa's legal defense.

Ireton said that Ostendorp should be held accountable and that "he is responsible in spending Arakawa's money in a fiscally responsible way."

"Mr. Arakawa is not indigent," Ireton said. "This is their problem. Not a problem for the state of Hawai'i."

Arakawa's trial is scheduled for Sept. 17.