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The Honolulu Advertiser
Posted on: Saturday, March 23, 2002

Victim's relatives shocked by release of suspect in drunken-driving death

By Karen Blakeman
Advertiser Staff Writer

Relatives of a Santa Barbara woman killed when she was pinned by a van on the Big Island last month said they were shocked when a state judge this week placed the man accused as the driver on supervised release.

Stephen St. Clair, 39, is accused of drinking while driving on Feb. 23 and pinning 58-year-old Jane O'Brien between his van and a stone wall in front of Hale Halewai O Holualoa church in Kona. He is charged with manslaughter, first-degree negligent homicide, drunken driving, reckless driving, reckless endangering and not having auto insurance.

On Wednesday, District Court Judge Joseph Florendo declined to set any bail for St. Clair. Florendo ruled he was denying the motion because it had been filed only 48 hours before the hearing. The defense attorney, who was appointed to St. Clair's case the day before the hearing, had not had time to prepare his response.

At a press conference yesterday in Honolulu, Linda Cramer, O'Brien's sister, Dan Botkin, O'Brien's common-law husband, and their lawyer, Mark Webb, said they hope the judge will reconsider his ruling.

Because St. Clair lived in the Kona area only about eight months before O'Brien's death, they said they consider him a flight risk. Also, because Big Island Deputy Prosecutor Dale Ross told the court she had found evidence that St. Clair had been convicted four times for drunken driving in Canada, the last in October 2000, they said they believe he may be a danger to others on the Big Island.

Florendo was on vacation. He returned a reporter's call but would not comment on the case.

Michael McPherson, St. Clair's Big Island lawyer, yesterday said Florendo acted properly.

St. Clair had been out of jail and under court supervision for more than three weeks, and had performed the tasks required of him: checking in as required, staying out from behind a steering wheel and avoiding drug and alcohol use, he said. Florendo had no reason to believe that would change, McPherson said.

The case was transferred to circuit court, but another judge could consider a request to set St. Clair's bail.