Effort to delay trial in abuse case fails

By Ken Kobayashi
Advertiser Courts Writer

State attorneys lost a bid yesterday to postpone a civil trial until after an appeal of a court ruling is heard in the abuse and beating of a 4-year-old boy in 1997.

Circuit Judge Victoria Marks last month refused to dismiss the lawsuit against the state filed on behalf of Reubyne Buentipo Jr., who suffered brain damage after he was beaten and abused by his mother Kimberly Pada.

The suit alleges negligence by state Department of Human Service social workers, claiming they allowed the mother to visit her son while he was in foster care and did not follow up on reports that she was abusing him after he was returned to her.

In refusing to throw out the suit, Marks ruled that social workers do not have immunity that would shield the state from being sued.

Howard Glickstein, a private lawyer hired by the state, yesterday asked for an immediate appeal of Marks' ruling, which he suggested affects social workers who once thought their actions were immune from a lawsuit against the state.

But Frank O'Brien, Buentipo's lawyer, said the Hawai'i high court frowns on "piecemeal" appeals. He said an immediate appeal would only delay the case, since there will be another appeal after the trial.

Marks ruled that an immediate appeal would not promote speedy resolution of the litigation.

Hawai'i appeals courts generally take at least a year to decide civil appeals.

The trial is set for the week of March 14 and is expected to run three to four weeks.

Pada was convicted of attempted manslaughter and is serving a maximum 20-year sentence.

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