Posted on: Thursday, May 5, 2005

Safety of public, suspect an issue

By Ken Kobayashi
Advertiser Courts Writer

A man indicted by the O'ahu grand jury on charges of raping an 8-year-old girl should remain in jail for the safety of the community, but "probably" for his own protection as well, City Prosecutor Peter Carlisle told a judge yesterday.

A judge affirmed the $150,000 bail set in the case against Yomeo Eieta, 39, who was charged with four counts of first-degree sexual assault, one count of third-degree sexual assault and one count of kidnapping in connection with the attack on the girl Thursday night in Wai'anae.

"There is a great deal of hostility right now to anyone who would do this type of thing to a child," Carlisle later said.

He said there is at least the "potential of a violent reaction" to someone charged with these crimes.

State Public Defender Jack Tonaki, whose office represents Eieta, said the safety of the defendant is not a reason for high bail. He also said Eieta might be targeted by other inmates.

He is expected to enter a plea next week at arraignment, and a trial date will be set.

Eieta is accused of abducting the girl as she waited for a relative outside the Wai'anae Neighborhood Community Center.

Circuit Judge Derrick Chan yesterday affirmed Eieta's bail after the city prosecutor told the judge that the girl was abducted by "a stranger."

Carlisle said she was taken to a "dark and secluded area," stripped and sexually assaulted. He said the girl was told that she would be shot and was slapped across the face.

Carlisle also said her attempt to scream was "smothered by his hand."

"All of that was done to an 8-year-old girl," he told the judge.

The bail amount was justified, Carlisle said, because Eieta recently came here from Chuuk (Federated States of Micronesia), does not have a job and is a transient, moving from house to house.

Another reason, the prosecutor said, is "probably for the safety of the defendant himself."

But Tonaki said if a defendant faces any threats or "mob-type action," the police would be obligated to investigate and act. "The solution is not to up the bail," he said.

Tonaki said there is also a concern about the defendant's safety in custody, but it would be a matter for prison officials.

"Anytime you have allegations of harm to a child, those inmates many times are targeted for hostile actions by other inmates," Tonaki said.

Mike Gaede, spokesman with the Department of Public Safety, said inmates will be granted protective custody, if they ask for it, pending an assessment of whether it's necessary.

Tonaki said he can't comment on what Eieta's defense might be and cannot say how he is doing because the public defender has not yet talked with him. Tonaki said a deputy public defender will be assigned after Eieta is arraigned next week.

Given the allegations, one of the most senior and experienced deputies will be representing Eieta, he said.

Carlisle, who was elected to his third four-year term last year, has handled about a dozen cases as city prosecutor. He said he and Deputy Prosecutor Thalia Murphy will lead the prosecution.

"We feel it's a very significant case to Hawai'i, to Honolulu and the Wai'anae community," he said.

Carlisle said the abduction of children by strangers is drawing national attention.

"This is the type of case that strikes fear in every parent," he said. "It's the type of case that galvanizes the community in terms of their concerns for the safety of their children."

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