Extended term pursued in rapist's resentencing

By Curtis Lum
Advertiser Staff Writer

Honolulu prosecutors say they will again seek an extended prison term for a convicted rapist whose 1984 life sentence was thrown out by the Hawai'i Supreme Court this week.

Jim Fulton, spokesman for the city prosecutor, said prosecutors still have a valid basis to ask that Andrew Kamana'o be sentenced to life in prison with the possibility of parole because of Kamana'o's extensive criminal history.

Kamana'o was found guilty in October 1983 of two counts of first-degree rape, one count of sodomy, and was on probation when the rape occurred. He faced up to 20 years in prison, but prosecutors asked then-Circuit Judge Donald Tsukiyama for an extended term of life in prison with parole because Kamana'o was a multiple offender.

In January 1984, Tsukiyama ruled that Kamana'o showed a total lack of remorse and refused to admit guilt and granted the prosecution's motion.

The Hawai'i Paroling Authority later set Kamana'o minimum term at 20 years before being eligible for parole.

But this week the Supreme Court threw out the life term and said Tsukiyama violated Kamana'o's constitutional right against self-incrimination by punishing him for not admitting his guilt. The justices ordered that Kamana'o be resentenced.

Kamana'o is close to serving 20 years in prison and could be eligible for parole should he receive a lesser sentence.

But Fulton said prosecutors will fight to keep Kamana'o behind bars.

"(His multiple convictions) were the original reason for the motion for extended term, not because of the comment related to his guilt or not," Fulton said. "Clearly we were within the right to file for a motion for extended term. It should have been granted, was granted, and we will go back and file again."

Attorney David Bettencourt, who handled Kamana'o's appeal, could not be reached for comment yesterday.

Reach Curtis Lum at culum@honoluluadvertiser.com or 525-8025.