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The Honolulu Advertiser

Posted on: Friday, February 11, 2005

State, ACLU say $1.2M deal improves courts

By Ken Kobayashi
Advertiser Courts Writer

In February 2001, a jury found Gregory Tapaoan not guilty of kidnapping his ex-girlfriend and threatening her with a gun. But instead of being released and allowed to join relatives in the courtroom gallery, Tapaoan was handcuffed, shackled and taken back to O'ahu Community Correctional Center.

Gregory Tapaoan
There, he was strip-searched and jailed for two more days.

The verdict "was like a whole world being lifted off my chest. And then going back into handcuffs and shackles, I couldn't understand."

In those days, defendants, even if they were acquitted, were returned to prison for processing and released only after officials got the paperwork from the courts.

But after Tapaoan and other former prisoners represented by the American Civil Liberties Union of Hawai'i filed a federal civil-rights lawsuit, the state reviewed the procedures. Today, defendants acquitted of all charges are released in the court.

Yesterday, Tapaoan talked about his ordeal as volunteer ACLU lawyers Mark Davis and Susan Dorsey announced a tentative settlement with the state that provides $1.2 million to Tapaoan and as many as 500 others who were held from December 1999 to December 2002 after they were due to be released.

SETTLEMENT DETAILS

It likely will take months before any money is paid from the $1.2 million settlement for defendants improperly detained after their acquittals or others held after they were supposed to be released, volunteer lawyers for the American Civil Liberties Union said yesterday.

For more information, write to Claims Administrator, P.O. Box 3373, Honolulu HI 96801, or send e-mail requests to claims@hawaii.rr.com.

Davis applauded the settlement, saying it provides compensation for those improperly incarcerated as a result of bureaucratic red tape. He said it also calls for the state to abide by procedures to ensure detainees are released on time and no longer fall through the cracks.

"Our system of justice has become more efficient and fair as a result of the safeguards imposed by this settlement," he said.

Deputy Attorney General Kendall Moser called the settlement fair.

"This lawsuit helped all of us realize that there were some things that needed to be changed, and those things have been changed, and that's going to help process inmates out of our facilities the way they should be processed," he said. "That's good for everybody."

The settlement must still be approved by the federal court, but U.S. Magistrate Leslie Kobayashi has granted preliminary approval. She will hear the case on April 26.

Davis said the settlement money will be distributed to claimants based on $1,000 for each day they were improperly detained and $3,000 if they were strip searched.

If the amount doesn't cover all claims, it will be prorated among the claimants. Leftover money will be given to the University of Hawai'i law school for programs protecting prisoners' rights, Davis said.

He said the state is still liable for the attorney fees, which must be approved by the federal court. The fees would be in addition to the $1.2 million, but no more than $400,000.

Davis said Tapaoan went through "quite an ordeal for an innocent man."

Tapaoan, 30, a roofer who lives in Kaimuki with his wife, says he hasn't been in any other trouble since his acquittal. Unable to post bail, he spent about seven months in jail before his trial got under way. He said he knew he was innocent, but if he had been convicted he would have faced a mandatory prison term and decades in prison.

But after the acquittal, instead of freedom, he was forced to spend another two days in custody.

Tapaoan said he wondered whether he would ever be released. He said he couldn't make calls to his lawyer or his relatives, who also were stunned by his return to prison and mystified as to why he was still there. His mother, brother, cousin, uncle and aunt had all been in the courtroom at his acquittal.

"I thought I was going to be staying there for something else," he said.

After his release, Tapaoan became the lead plaintiff in the civil lawsuit.

"I don't want this happening to anyone," he explained. "The feeling is terrible."

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