Big Isle man guilty in child sex case
By Kevin Dayton
Advertiser Big Island Bureau
HILO, Hawai'i — A Big Island jury yesterday 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 yesterday for a mistrial in the case, and Hilo Circuit Judge Glenn Hara took that 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 he 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.
The girl testified Bailey performed at least four separate sex acts on her, and Kagami said he was unsure why the jury opted to convict him of four counts of attempted sexual assault instead of the original sexual assault charges.
The jury's decision does not affect Bailey's potential sentences because both first-degree sexual assault and first-degree attempted sexual assault carry prison sentences of up to 20 years.
Bailey is also eligible for extended terms on each count, which can be imposed on repeat felons or people convicted of multiple felonies in a single case.
If the jury and Hara decide extended sentencing is appropriate to protect the public, Bailey would face life in prison with the possibility of parole for each count. Kagami said he will also ask that Bailey complete his sentence for the old murder charge before he can begin serving his prison time for the new convictions.
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 Chevy Camaro 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, and Bailey was paroled after serving less than 24 years.
Bailey lived on the Big Island after his release, and told police he was active in the Pepe'ekeo church, teaching music and choir. Neighbors said he also worked on projects on the church grounds and had the keys to the building.
Defense lawyer Parker argued in her closing statement the prosecution failed to prove a sexual assault occurred, and said Bailey did not receive a "full and fair" police investigation.
Parker reminded the jury that police did not test evidence collected from the girl after the alleged assault, and said the girl and family members gave conflicting accounts of what happened after Bailey and the girl were discovered.
A detective in the case testified the tests were not necessary because police had two witnesses to corroborate the girl's account of the alleged assault.
Parker declined to comment to reporters after the verdict was read yesterday.
Reach Kevin Dayton at kdayton@honoluluadvertiser.com.