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The Honolulu Advertiser
Updated at 3:10 p.m., Thursday, June 5, 2008

Murderer convicted in Big Island sex assault case

By Kevin Dayton
Advertiser Big Island Bureau

A Big Island jury today found convicted murderer Peter Bailey guilty of four counts of attempted sexual assault for undressing a 12-year-old girl and allegedly having sexual contact with her in a Pepe'ekeo church last year.

Bailey, 50, could face up to four life terms in prison if the jury decides extended terms are warranted in the sentencing phase of the case.

Deputy Prosecutor Michael Kagami said he will seek extended sentencing, and will ask that Bailey be required to serve consecutive terms for each of the four attempted first-degree sexual assault convictions.

Deputy Public Defender Melody Parker made a second request today for a mistrial to Hilo Circuit Judge Glenn Hara, and Hara took the request under advisement.

Hara rejected a similar request earlier this week after one juror told the others during deliberations that she knew Bailey had been convicted of murder in another case.

All information about Bailey's previous convictions had been excluded from the evidence presented to the jury, and Parker argued those comments by the juror tainted the entire jury, making it impossible for Bailey to get a fair trial.

Instead of declaring a mistrial, Hara on Monday removed the juror who made the remarks, and replaced her with an alternate juror.

Bailey was a church leader, and the girl testified Bailey invited her to the church on July 22, 2007. Once there, the two sang some songs, then Bailey undressed her, undressed himself and rubbed olive oil on her body before engaging in various sex acts, Kagami told the jury.

The girl's brother found the two in the church copy room and went to get the girl's uncle, who lived nearby. The uncle testified he found the two naked on the floor of the copy room, with Bailey performing a sex act on the girl.

Bailey was paroled in 2003 after he was convicted of robbing and murdering 17-year-old Carol Olandy of Makakilo in 1979. Bailey and Francis Talo were convicted of kidnapping Olandy from a parking lot at the Pearl City Shopping Center because the pair wanted the Camaro sedan Olandy was driving "to do a job," according to testimony in the 1979 trial.

The men took Olandy to a Kunia pineapple field and shot her. They then drove to Fort Ruger Market and robbed the store. They were arrested a few minutes after the robbery still driving Olandy's car.

Bailey was sentenced to life in prison with the possibility of parole for robbery and murder, and the Hawai'i Paroling Authority initially set his minimum sentence at 35 years. That minimum term was later reduced, allowing for Bailey's parole after serving less than 24 years.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.