Posted on: Friday, July 26, 2002

Extradition process started

By Curtis Lum
Advertiser Staff Writer

Baldwin, 53, appeared at an extradition hearing before Circuit Judge Reynaldo Graulty. It was Baldwin's first public appearance since Monday, when his arrest shocked many leaders on Kaua'i and O'ahu. Gregory Yamamoto • The Honolulu Advertiser

Kaua'i civic leader Gary J. Baldwin yesterday acknowledged that he is the man wanted on 1986 felony theft charges in Arizona but denied the charges against him.

Baldwin, 53, appeared at an extradition hearing before Circuit Judge Reynaldo Graulty. It was Baldwin's first public appearance since Monday, when his arrest shocked many leaders on Kaua'i and O'ahu.

Baldwin, who wore an aloha shirt brought to the courtroom by a friend, gray slacks without a belt, and leg chains, told Graulty he's taking medication for depression and has been under treatment by a psychologist.

Although he acknowledged his identity, Baldwin did not agree to return to Arizona until the proper paperwork is completed, which could take weeks.

A hearing on the status of the extradition is set for Aug. 23.

Under Hawai'i law, Arizona attorneys must submit a request to Gov. Ben Cayetano for Baldwin's extradition. Once that is done, Cayetano would issue a warrant for the extradition, which can be challenged by Baldwin.

Phil Lowenthal, Baldwin's attorney, declined to comment after the hearing.

Cayetano spokesman Cedric Yamanaka said yesterday that the governor will approve the extradition.

City Deputy Prosecutor Russell Uehara said the state needed to prove three things at yesterday's hearing, including the identity of the wanted person. Uehara said he was prepared to put three witnesses on the stand who would have positively identified Baldwin.

One of the witnesses was Arthur Jackson, a friend and former business associate of Baldwin's.

"If the defendant was going to contest identification, I knew Arthur Jackson would be the nail in the coffin for proving identification," Uehara said.

Baldwin, who has been held in a Honolulu Police Department cellblock since his arrest by the FBI, was taken to O'ahu Community Correctional Center after the hearing.

His bail was set at $274,000, as requested by Arizona authorities.

Lowenthal argued that Baldwin was a respected member of the community and his bail should be lowered. He said supporters have raised $50,000, which Lowenthal said could be used as a cash bail.

But Uehara argued that Baldwin's bail should not be reduced because he is a flight risk. Uehara said Baldwin altered his Social Security number and birth date to avoid capture.

"This defendant's actions speak louder than his counsel's words," Uehara said.

"He's been a fugitive from justice for over 16 years. He has, by his own actions, shown to the court that he is indeed a flight risk."

Graulty agreed and refused to lower Baldwin's bail. The judge also ruled that should Baldwin make bail that he not be allowed to return to his home on Kaua'i.

Baldwin, a former Hawai'i Tourism Authority board member, was indicted by an Arizona grand jury in 1986 on four counts of theft and one count of "fraud schemes and artifices," both felonies under Arizona law.

He is accused of stealing $300,000 from an Arizona eye doctor.

The indictment alleges that Baldwin was a consultant to Arizona eye doctor David Dulaney for several months, during which time $300,000 disappeared. Baldwin was accused of having taken the money.

Baldwin later disappeared, leaving behind a suicide note.

Baldwin was arrested on Kaua'i by the FBI. Since he arrived on Kaua'i, in 1982, he has been an active member of the community.