HILO — There will be no life sentence for a paroled murderer convicted of attempting to rape a 12-year-old girl in the Pepeekeo church where he was music director.

Hilo Circuit Judge Glenn Hara ruled Monday that the prosecution did not prove beyond a reasonable doubt that Peter Kalani Bailey, 51, would present a danger to the community if released from prison.
On June 5, 2008, a jury found Bailey guilty on four counts of first-degree attempted sexual assault for the incident at the Hamakua Coast Assembly of God.
At the time, Bailey was on parole after being sentenced to life in prison in 1979. He and Francis Talo were convicted of murder, kidnapping and robbery in the shooting death of 17-year-old Carol Olandy on Oahu. Bailey was released on parole Jan. 21, 2003.
Bailey, whose parole has been revoked on the murder charge, will be sentenced Oct. 29 for the sex offenses.
Without a possible extended sentence of life imprisonment, each of the four counts carries a possible 20-year term. Bailey had waived his right to a jury for the extended-sentencing hearing, so Hara will decide his sentence.
On the night of July 22, 2007, the girl's 14-year-old brother went to the church, where Bailey had taken the girl, after receiving her mother's permission, to practice singing.
The boy said he found Bailey on top of the girl, both of them naked, her body covered with olive oil.
The boy then ran to the neighboring home of an uncle, who testified that he rushed to the church with two other men. The men pulled Bailey off the girl and detained him until police arrived.
Bailey's attorney, Deputy Public Defender Melody Parker, said that Bailey had studied computers while in prison and had become a successful businessman.
Parker said Bailey was living in Laupahoehoe with his wife, and had become a leader in his church.
She said that while in a prison work-furlough program, Bailey had helped to refurbish the prosecutor's office and worked to restore nene goose habitat in Keaau. Parker concluded that Bailey should not receive four life sentences for "one night of poor judgment and self-control."
"He took advantage of a 12-year-old girl," Parker said. "Were his actions brutal? No they were not. Was (the girl) scared? Most likely. Was she robbed of her virginity? No, she was not. ... I don't believe (prosecutors) have shown that he is a danger to the community that would impel the court to impose an extended term of four life sentences. There is no evidence of habitual disrespect to the law or peril to the community."
Deputy Prosecuting Attorney Michael Kagami cited Bailey's conviction on four Class A felonies five years after being paroled as evidence that Bailey was, and remains, a danger to the community.
"If you look at the impact on this 12-year-old girl ... he was in a position of trust to her," Kagami said.
"This is a defendant who deserves to never see another free day in his life," he said.
The girl's family has filed a civil suit against Bailey and the church, claiming the girl "has suffered serious and grievous personal injuries and mental and emotional distress" and that the mother and brother of the girl have suffered "substantial and/or permanent emotional distress."
The suit also states that the church "knew or should have known of ... Bailey's violent history."