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The Honolulu Advertiser

Updated at 12:17 p.m., Wednesday, August 1, 2007

Judge recuses himself in Hawaii child-starving case

Advertiser Staff

 

Family Court Judge Patrick W. Border will no longer handle the criminal case against two parents accused of starving their child because his law clerk is the son of the prosecutor on the case.

GREGORY YAMAMOTO I The Honolulu Advertiser

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From left, Melvin Wright Jr., attorney Lane Takahashi, Denise Wright and attorney Debra Loy were in District Court this morning.

GREGORY YAMAMOTO I The Honolulu Advertiser

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The judge in a criminal case against two parents accused of starving their child has recused himself because his law clerk is the son of the prosecutor on the case.

Family Court Judge Patrick W. Border recused himself after defense lawyers for Melvin and Denise Wright filed a motion requesting that he withdraw from the case, citing a potential conflict of interest.

The action occurred the day that Border was scheduled to hear a motion from the defense to order the court files sealed in the case and also to impose a gag order on prosecutors.

Deputy City Prosecutor Maurice M. Arrisgado is the father of Border's law clerk.

The case is being forwarded to a new judge.

The Wrights were indicted in July on a charge of attempted second-degree murder after the girl was taken from their apartment, allegedly malnourished.

Meanwhile, Department of Human Services director Lillian Koller today released a statement with additional details about the release of DHS documents related to a case from 2000 involving the girl and her parents.

Koller said a Family Court order issued Tuesday prevents her from disclosing the 2000 case records and she would be in violation of the order if she did so. The order was issued over the objection of DHS, she said.

In 2000, the Wrights pleaded no contest to a misdemeanor charge of endangering the welfare of a minor after neighbors complained the girl was left unattended in the apartment. The girl was taken into state custody but was returned to the parents after their no contest plea.