Ruling may allow Aki to serve 5 1/2-year jail term
By David Waite
Advertiser Courts Writer
A ruling by a state judge yesterday creates the possibility that Christopher Aki could serve as little as 5 1/2 years in prison for the December 2002 beating death of 11-year-old Kahealani "Kahea" Indreginal.
Circuit Judge Virginia Crandall granted a defense request to move up sentencing on Aki's manslaughter conviction from July 12 to July 2.
AKI
Those 10 days are significant because the new sentencing date is before Aki's 22nd birthday on July 3, making him eligible for a more lenient sentence under the state's "young adult offenders" provision.
A manslaughter conviction is normally punishable by a maximum 20-year prison term; the sentence for manslaughter under the young adult law — applicable to defendants 21 years old and younger — is no more than seven years. Counting time served, that could lower Aki's remaining time to 5 1/2 years.
Crandall's ruling yesterday did not grant "young adult offender status" to Aki. But it did create the opportunity for Aki's lawyer, state Public Defender Todd Eddins, to seek that status when Aki is sentenced July 2. Even though Aki appears to meet the basic criteria, it will be up to Crandall's discretion whether to sentence Aki as a young adult offender.
To be eligible for reduced sentences, young adult offenders may not have a prior felony conviction and may not have an offense on their juvenile record that would have been considered a felony had it been committed as an adult.
City Deputy Prosecutor Glenn Kim opposed the defense motion, accusing Eddins and Aki of trying to "manipulate the judicial process."
The original July 12 sentencing date was set just moments after Aki was convicted, Kim said.
Advertiser library photo
"At that time, there was neither an objection by the defendant to that sentencing date, nor a request by defendant for an earlier date," Kim said.
Kahealani Indreginal was a sixth-grader at 'Aiea Elementary who went missing on Dec. 10, 2002.
"Now, after obviously realizing that he turns 22 prior to July 12, defendant seeks to advance his sentencing solely so that he may have the benefit of moving for sentencing as a young adult defendant," Kim said in his written response to Eddins' request to move up the sentencing date.
Kim said Eddins failed to cite a legal authority for the request to speed up Aki's sentencing or to cite a case for the claim that Aki would be deprived of his constitutional rights if sentenced after he turns 22.
In his written request for the change in sentencing dates, Eddins made it clear he was doing so in hopes that Aki might be able to qualify under the young adult offender provision.
The jury returned the man-slaughter verdict against Aki on May 12 and at a conference with the court a week later, the defense asked that the sentencing date be moved up prior to July 3, Eddins said in his request to Crandall. But "the prosecution did not accede to this request," Eddins said.
He said there "do not appear to be any reasons to suggest" the sentencing date could not be moved up.
"Given that July 5, 2004, is a holiday, there is only a four court-day difference between the requested sentencing date and the present sentencing date," Eddins said.
He also argued that Aki's constitutional right to due process would be violated if the court set a sentencing date that precluded Aki from being sentenced under the young adult alternative.
In issuing her ruling, Crandall said there did not appear to be a legal reason not to grant the request.
Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.
