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The Honolulu Advertiser
Posted on: Tuesday, April 12, 2005

Prosecutor to refile campaign-donation charge against lawyer

By Ken Kobayashi
Advertiser Courts Writer

City prosecutors will seek to reinstate an illegal campaign donation case against a prominent Honolulu attorney that was thrown out by the Hawai'i Supreme Court earlier this year.

The decision was disclosed after Circuit Judge Steven Alm dismissed the case against Edward Y. C. Chun, 73, as mandated by the high court, but Alm said the dismissal was "without prejudice," meaning that it can be refiled.

City Deputy Prosecutor Christopher Van Marter declined to comment, but cited papers he filed in court saying the criminal charge would be refiled if it were not permanently thrown out. The case would also be resolved similar to an earlier plea agreement, the papers said.

"We obviously wanted it dismissed with prejudice," Chun's lawyer, Dale Lee, said. Lee said they are "in discussions" with the prosecutor's office.

Chun was accused of advising two Food Pantry officials to write $5,000 in checks to former Mayor Jeremy Harris' campaign. They were told they would be reimbursed. The legal limit is $4,000.

As part of an agreement, Chun pleaded guilty in 2003 to the misdemeanor charge of violating the donation limit. Chun was sentenced to 10 days in jail, but did not have to serve the time pending the outcome of the appeal.

In February, the high court reversed the conviction. The court found the charge was defective because it did not allege Chun acted "knowingly, intentionally or recklessly." The high court also said Alm should not have insisted that Chun plead guilty rather than no contest.

Alm yesterday said if the high court wanted the case dismissed permanently, it would not have sent it back to him or it would have directed him to permanently dismiss the case.

Alm also said it was not his "blanket policy" to insist on guilty, rather than no-contest, pleas. In its ruling, the high court condemned such a policy and said requests to grant no-contest pleas should be made on a case-by-case basis.

Alm said he should have made clear that it is his "usual" practice not to accept no-contest pleas, although he takes "full responsibility" if he left the misconception that he categorically denies requests to plead no contest.

Defendants who plead no contest say they are not challenging the prosecution's case but usually do not formally acknowledge guilt. They are found guilty by the court. Alm said guilty pleas are prefered because they show that defendants accept responsibility for their actions.

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