Posted on: Friday, August 13, 2004
Judge throws out case against Kahumoku
By Ken Kobayashi
Advertiser Courts Writer
A state judge threw out a misdemeanor assault charge against former University of Hawai'i volleyball star Lily Kahumoku after her former boyfriend, the alleged victim, did not show up for the non-jury trial yesterday.
Honolulu District Judge Barbara Richardson gave city prosecutors 10 days to contact UH volleyball player Josˇ Josˇ Delgado and refile the charge.
But Kahumoku's lawyer Scott Collins said he talked to Delgado and his lawyer who made it clear he doesn't want to be part of any criminal proceedings and doesn't want to return from Puerto Rico for the school year if Kahumoku is prosecuted.
Jim Fulton of the prosecutor's office said prosecutors will talk to Delgado and at that point determine whether to pursue the case.
Kahumoku, 23, is accused of assaulting Delgado at an apartment on Ala Moana the early morning of April 9. Delgado was Kahumoku's boyfriend at the time, but the two are now just good friends, Collins said.
Collins said Delgado from the start didn't want to pursue any prosecution. The lawyer said English is a second language for Delgado who characterized the incident as a "misunderstanding" and wanted it left at that.
The trial was already postponed to yesterday from June because Delgado was in Puerto Rico.
Kahumoku ended her UH career in 2003. She earned first-team All-America honors twice and a second-team Academic All-American award.
Kahumoku now lives in California and plays professional beach volleyball, although it's been difficult with her sponsors dropping out as a result of the criminal case, Collins said.
"The case has been devastating for both of them," he said.
He said Kahumoku is pleased with the dismissal and thankful for the support she received from the community. "She hopes both of them can put this behind them and move on with their lives," Collins said.
Reach Ken Kobayashi at 525-8030 or kkobayashi@honoluluadvertiser.com
VOLLEYBALL
HPU, BYUH ranked in Division II poll
The Hawai'i Pacific and Brigham Young-Hawai'i women's volleyball teams are ranked No. 12 and No. 18, respectively, in the American Volleyball Coaches Association Top 25 Division II preseason poll released Tuesday.
The teams will play each other three times during the regular season with the first matchup in La'ie on Sept. 14.
HPU (17-8 last season) was a win away from advancing to the NCAA Tournament's Elite Eight after falling to Cal State-San Bernardino in the NCAA Pacific Region Finals in 2003.
After winning the NCAA championship in 2002, BYUH (20-2) went undefeated in the Pacific West Conference in 2003. However, BYUH forfeited its PacWest championship and the automatic NCAA tournament berth after the school disclosed it used an ineligible player in 14 matches.
UH on national TV, but not in Hawai'i
Hawai'i's Sept. 26 match against ninth-ranked Pepperdine will be featured on College Sports Television (CST) Sunday Night Spikes. The network is not available in Hawai'i.
College Sports TV's volleyball schedule concludes in November with the Western Athletic Conference Championship.
