Retired writer's killer ruled to be insane

By Ken Kobayashi
Advertiser Courts Writer

A man acquitted by reason of insanity yesterday of killing a 71-year-old man he shoved into the Ala Wai Canal was committed to the Hawai'i State Hospital.

Kahue

Kahue, who had a promising future until he started hearing voices in his mid-20s, was granted the insanity acquittal for his unprovoked daylight attack on Jack Wyatt and two women along the Waikiki waterway the morning of June 18, 2002. Wyatt was a freelance sports writer whose work appeared for years in the Honolulu Star-Bulletin until his retirement in 1998.

Wyatt drowned after his head hit rocks exposed by low tide.

In granting the insanity acquittal, Circuit Judge Dexter Del Rosario noted that Kahue had a history of mental problems dating to 1975 and that two of three members of a court-appointed panel concluded Kahue was legally insane. But the judge said Kahue poses a danger to himself and others and committed him to Kane'ohe hospital.

The attack on the three who were strangers to Kahue raised concerns about violence in the resort area, as well as the way the mentally ill in the community are treated and monitored. Although Kahue had a long history of serious mental problems, he had been released from a hospital two days before the assaults, and was living alone in Waikiki, not taking his medication, according to the lawyers in the case.

Kahue showed little emotion, but his hands and head trembled as he listened to Del Rosario announce his ruling following a nonjury trial.

"He was extremely relieved," said Kahue's lawyer, Deputy Public Defender Walter Rodby. "Although he does continue to express remorse because he knows his actions did cause somebody to die, the thought of going to Halawa (prison) for the rest of his life terrified him."

City Deputy Prosecutor Russell Uehara said he didn't like it, but the ruling was "fair and just because of the applicable law."

He said the judge had no choice, given Kahue's long mental history and the findings by the panel.

Kahue will remain at the hospital until he receives court permission to be released in the community under certain conditions. The standard for his release is whether he poses a danger, according to state law.

Uehara said he believes Kahue should remain at the hospital the rest of his life and that his office should oppose any move to get him out.

Wyatt's relatives were not at the hearing, but Uehara said Jonnel Wyatt, a Maui resident and one of Wyatt's four daughters, told him she was satisfied with the outcome. "She was glad it was over, and she wants to make sure Cline Kahue remains at the state hospital so this kind of offense doesn't take place again," Uehara said.

Cheryl Ferreira, another daughter, submitted a letter saying she wasn't able to attend the hearing. "God turned my dad's life around many, many years ago, and He saved him," she wrote. "Because of the wonder of that precious gift of Grace — he was forgiving toward others, humble, patient and kind. So because of all this that I know to be true, I ask for the most mercy this court is able to give Mr. Kahue."

Kahue, a standout football player and champion wrestler at Punahou High School and a graduate of the University of California at Davis, was described by friends and acquaintances before his mental problems as well-educated, well-spoken and a gentle person.

Kahue began hearing voices that led to a history of assaults and insanity acquittals, according to the reports by the court-appointed experts.

In his decision, Del Rosario said Kahue suffered from mental problems for 27 years ranging from anxiety disorder, schizophrenia, paranoia and delusions. He said Kahue was hospitalized 14 times, the latest days before the Ala Wai attacks. Kahue was hospitalized at The Queen's Medical Center psychiatric ward, his lawyer said.

But Kahue voluntarily discharged himself just two days before the attacks, even though he continued to exhibit psychiatric symptoms and had not been taking adequate medication, Del Rosario said.

The judge ruled that the defense established that Kahue suffered from a mental disorder that substantially impaired his ability to know right from wrong or control his conduct.

Dennis Donovan, a clinical psychologist and one of the panel members, testified during the trial that Kahue's behavior during the attacks was because of his psychosis, delusional thinking.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.