The maximum penalty for the charge of sexual assault in the fourth degree is up to a year in jail and/or a $2,000 fine.

City Deputy Prosecutor Leilani Ching opposed the request by Blundell's lawyer, Howard Luke, for the deferral.

Ching said after yesterday's hearing that the Prosecutor's Office believes the charge against Blundell is significant enough not to warrant a deferral. She added that the opposition to the deferral is not because Blundell is a public figure.

There was no specific discussion during the hearing of exactly what Blundell was arrested for, and Luke said after the hearing that he had instructed Blundell not to talk about the matter.

After the hearing, Ching began to describe what Blundell was accused of having done, but was pulled aside by Prosecutor's Office spokesman Jim Fulton and told not to talk about the specifics.

Fulton said Ching was instructed not to talk because the case is still pending in District Court.

Blundell, a Republican from West Maui, had been unopposed in his re-election bid for the 10th District. Two Democrats filed just before the deadline and will square off in the primary. One of them will then go against Blundell in the Nov. 2 general election.

Luke said he might submit a request to District Court asking that the hearing on Blundell's deferral request be moved forward for it to take place before the general election.