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The Honolulu Advertiser
Posted on: Wednesday, October 19, 2005

Mother may face trial as an adult

By Kevin Dayton
Advertiser Big Island Bureau

KAILUA, Kona, Hawai'i — Authorities likely will ask Family Court to waive jurisdiction in the case of a 16-year-old Kona girl accused of fatally stabbing her 4-month-old son last week, according to a Big Island prosecutor.

If granted, the request would allow the teenager to be prosecuted as an adult for second-degree murder, which carries a mandatory sentence of life in prison with the chance for parole.

Deputy prosecutor Cynthia Tai said yesterday a final decision on whether to ask the Family Court to waive jurisdiction will depend in part on the results of a mental evaluation.

"It's certainly a possibility and likely, but at this point we don't have all the facts that are necessary to determine what we need to determine under the waiver statute," Tai said.

An important issue will be the girl's mental state. State law does not allow juveniles to be tried as a adults if they are committed to a mental institution, Tai said.

During a hearing yesterday in Kona Family Court, Judge Victor M. Cox ordered that the baby's mother be turned over to the state Department of Health. Cox ordered the department to evaluate the defendant's mental state and provide treatment, if necessary.

If she is deemed mentally fit, she can be moved to the juvenile detention facility on O'ahu called Hale Ho'omau. If it is determined that she is not mentally fit, the Health Department is free to hold her at any facility it deems appropriate.

The Advertiser is not releasing the name of the teenager or her dead son because the mother is a juvenile under Family Court jurisdiction.

Yesterday's court hearing was open to the public under a state law that requires Family Court proceedings to be open for juveniles who are 16 or older and charged with murder.

However, the case records remain confidential as long as the matter is being handled in Family Court.

Police were called to the teenager's home on 'Olu'olu Street in Kona Highlands at 7 p.m. on Oct. 12 to investigate a report of an "accidental stabbing." The baby was found dead with a knife wound to the neck.

Autopsy results announced yesterday indicate the neck injury was the cause of death.

The teen lived at the home with her mother. The girl was arrested and charged with second-degree murder.

She did not appear at yesterday's hearing in Kona Family Court, and officials would not say where she is being held. Her mother was not in court but monitored the proceedings by phone.

Kona deputy public defender Peter Bresciani, who is representing the girl, declined to comment on the case.

Neighbors said the family had moved in recent months from California to Kona.

The baby's father, who lives in Missouri, declined to discuss the slaying when contacted by telephone.

Cox ordered another hearing in Kona on Oct. 25. Supervising deputy prosecutor Melvin Fujino said he expects the court at that time will consider an effort by the defense to close the proceedings to the public.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.