Judge steps aside from Maui deacon case
By Christie Wilson Christie Wilson | The Honolulu Advertiser
WAILUKU, Maui — Circuit Judge Joel August yesterday recused himself from the case of a Catholic deacon charged with 62 sexual assault crimes, citing the judge's long professional association with the defense attorney.
August and Philip Lowenthal, one of the state's pre-eminent criminal defense attorneys, shared a Wailuku law practice for more than 20 years until August was selected for the Maui bench in 2002.
The sexual assault case of James "Ron" Gonsalves, deacon at St. Ann Church in Waihe'e, was the first time Lowenthal had come before his former law partner in court.
August announced he was stepping out of the case during a bail hearing for Gonsalves, 68, who remained in custody at the Maui Community Correctional Center with bail set at $790,000. The matter was transferred to Judge Shackley Raffetto, who will preside over the bail hearing rescheduled to Monday.
A Maui grand jury indicted Gonsalves on 30 counts of first-degree sexual assault and 32 counts of third-degree sexual assault for incidents that allegedly occurred from June 2002 to June 2005, when the youth was 12 to 15 years old. Some of the alleged assaults were reported to have occurred at the church.
On Thursday, Gonsalves pleaded not guilty to the charges. His trial is set for Sept. 26.
Yesterday, he appeared for the brief court hearing in handcuffs and a bright-orange jail jumpsuit.
Gonsalves was named administrator at St. Ann Church, which does not have its own priest, in 1999 and was responsible for the day-to-day operations of the parish until the Honolulu Diocese placed him on paid leave June 22, the same day church officials learned of the allegations. He has been relieved of all church duties.
August did not reveal the reason for his decision to recuse himself from the case. But after the hearing, Lowenthal's law clerk and spokesman Ben Lowenthal noted the long-standing relationship between the two and said rules on judicial conduct gave August no choice but to step aside to avoid the appearance of a conflict of interest.
Deputy prosecutor Robert Rivera said that if August hadn't taken the action, he would have requested it. He said switching the matter to another judge would not affect the progress of the case at this early stage.
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James "Ron" Gonsalves, accompanied in court by attorney Philip Lowenthal, attends a hearing relating to the 62 sex-assault counts against him. Gonsalves has been relieved of all church duties.
