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The Honolulu Advertiser

Posted on: Friday, April 18, 2003

Care-home operator 'very sorry' for death

By Mike Gordon
Advertiser Staff Writer

Deputy Attorney General Michael Parrish, right, argued yesterday that care-home operator Raquel Bermisa should serve her full term for the death of a resident. At left is Bermisa's attorney, William Harrison.

Richard Ambo • The Honolulu Advertiser

KAILUA — Raquel Bermisa, the adult-care-home owner whose 20-year manslaughter sentence was commuted to four years, yesterday offered an emotional apology to the Hawai'i Paroling Authority for the death of one of her residents.

The parole board met to decide how much time Bermisa must serve for what happened to 79-year-old Chiyeko Tanouye, who died of neglect in August 1999.

"Every day of my life, as I live and breathe, I am very sorry for Mrs. Tanouye," Bermisa told the three-member board, which met at the Women's Community Correctional Center.

"My faith — I am Catholic — is keeping me sane," she said. "When this all happened, my parish priest said God is a living and forgiving God. That is what I base my life on every day. I pray every day for Mrs. Tanouye's soul."

The board could give Bermisa a new minimum term up to four years, order her to serve the full four years, parole her or release her. The decision is not expected for three weeks.

Ironically, Bermisa has served more time in prison than she would have had to if she had not withdrawn a plea agreement early in the case.

Bermisa originally pleaded guilty to manslaughter in March 2000 — which carried a maximum 20-year sentence — in return for a prosecution promise that the state would seek no more than a year in jail. She withdrew her plea four months later and went to trial after changing attorneys and being told that a medical expert would testify she was not responsible for Tanouye's death.

At trial, the jury agreed with the prosecution's arguments that Tanouye died of septicemia, a painful infection brought on by advanced decubitus ulcers, commonly known as bed sores. In the weeks before Tanouye's death, Bermisa had ignored a doctor's instructions to bring the woman in for treatment, the prosecution had said.

On Aug. 9, 1999, Bermisa brought Tanouye to a hospital emergency room, unconscious. Tanouye died the next day.

Bermisa was convicted in October 2000 and sent to prison in January 2001. By statute, her sentence came with a stiff mandatory minimum term of six years, eight months before parole could be considered because the victim was older than 60.

But in December, then-Gov. Ben Cayetano commuted Bermisa's sentence to four years, saying she had been punished enough. It was one of Cayetano's last official decisions as governor.

Deputy Attorney General Michael Parrish, who prosecuted the case, yesterday told the parole board that Cayetano was ill-advised. Because the attorney general only received two hours notice from the governor, Cayetano probably did not have all the facts of the case, Parrish said.

Parrish also took issue with Cayetano's description of the death as one of negligence. This was a manslaughter conviction and that means reckless behavior occurred, Parrish said.

"To put it bluntly, he was not aware of the facts or he would not have made such an erroneous statement," Parrish said.

Parrish urged the parole board to keep Bermisa incarcerated for the full four years of the commuted sentence. Anything less would undermine state laws created to protect the elderly, he said.

William Harrison, one of two attorneys representing Bermisa at the hearing, said Cayetano's decision shouldn't be questioned because the state granted the governor those powers. He wants Bermisa released as soon as possible.

He took issue with the number of times Bermisa took Tanouye to a doctor, saying that in June and July 1999 the care-home owner brought the woman to six appointments. He also took issue with analysis by expert witnesses called to testify.

He told the board that Tanouye died because she had a history of heart problems, not a case of septicemia brought on by decubitus ulcers.

Tanouye's only child, Russell, yesterday said Bermisa should remain in prison for the full four years. He decided not to attend the hearing because he didn't think he would be very influential.

"If the paroling authority sees fit to set her free, well, what can you do?" he said.

Reach Mike Gordon at mgordon@honoluluadvertiser.com or 525-8012.