Woman indicted in son's near drowning

By David Waite
Advertiser Courts Writer

Marlene Mexia of Palolo was indicted by an O'ahu grand jury Wednesday for allegedly trying to drown her 9-year-old son in a bathtub July 29.

The boy has since recovered and is to be returned to his father, according to Mexia's lawyer, Victor Bakke.

On Tuesday, Family Court Judge Richard A. Marshall ordered that legal proceedings against Mexia be suspended for 90 days to allow a panel of doctors at the Hawai'i State Hospital to determine if she is mentally able to assist in her own defense.

But City Deputy Prosecutor Dan Oyasato said yesterday that he believes the order staying legal proceedings against Mexia no longer applies because the indictment moves her case into the Circuit Court system.

Oyasato said Mexia's attorney could once again ask for a psychiatric evaluation for her when she is arraigned in Circuit Court on a charge of attempted murder.

Bakke, however, disagreed. He said he believes that the Family Court judge's stay order is still valid. Therefore, he will ask at Mexia's arraignment in Circuit Court that the grand jury warrant for Mexia's arrest be voided.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.