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The Honolulu Advertiser
Posted on: Wednesday, November 30, 2005

Boy charged in assault of girl

By Peter Boylan
Advertiser Staff Writer

Authorities have filed a Family Court petition against one of five boys arrested in connection with the sexual assault of an 11-year-old girl in a downtown park . The petition is the juvenile justice equivalent of filing an adult criminal charge, the boy's attorney said yesterday.

Myron Takemoto, a court-appointed lawyer representing one of the boys, said a petition was filed against his client during an 8:30 a.m. hearing at the Alder Street juvenile detention facility.

However, Takemoto would not say which of the boys he is representing or detail what charge or charges was included in the juvenile petition.

Information about the cases of the other four boys was unavailable because confidentiality laws governing juvenile justice proceedings make it illegal for officials to divulge any information. Five boys, ages 11 to 15, were arrested Saturday after the girl reported that she was assaulted on Nov. 22 at Beretania Community Park on 'A'ala Street.

Meanwhile, the mother of the victim expressed relief yesterday that at least one of the alleged assailants was formally charged.

"Something has to be done to them. They cannot get away with this. I want them to get what they deserve," said the mother, who also has a 2-year-old son and works as a bookkeeper.

The Advertiser is not naming the mother to protect her daughter's identity.

"This is gonna affect her in the long run in terms of getting a relationship, everything. She's somewhat OK, but kind of quiet now, not like before," the mother said by telephone. "I can see the changes, I'm her mother."

She also expressed disbelief that no one in the vicinity of the park called police to report anything on the night her daughter was attacked. Several apartment complexes surround the park.

"How can nobody not hear or see her getting attacked? That's my question," she said.

The city prosecutor's office had until yesterday to file petitions in Family Court outlining the alleged offenses against the boys.

Richard Sing, a court-appointed attorney representing one of the boys, would not comment about whether a petition was filed against his client yesterday.

"The proceedings are confidential and I cannot discuss them at this point," he said. "I represent a scared 11-year-old and that's pretty much it."

Officials with the prosecutor's office, police department and the court said they were legally prohibited from publicly discussing whether petitions were filed, what charges might have been named in the petitions or how many of the boys had charges filed against them.

Honolulu police spokesman Capt. Frank Fujii would not comment yesterday about the status of the boys. He forwarded all questions to the city prosecutor's office.

"The statutes prevent us from either confirming or denying whether a petition was filed," said Jim Fulton, spokesman for the prosecutor's office.

The information vacuum created by the law highlights the conflict between protecting the privacy of juveniles accused of crimes and what the public can learn about these cases.

Among those who have pushed for more disclosure is City Prosecutor Peter Carlisle. While he declined through a spokesman to comment on the Nov. 22 incident, in the past he has asked lawmakers to open up juvenile criminal records and proceedings.

"In terms of public safety, it matters not whether the chronic or violent offender is a juvenile or an adult," said Carlisle in testimony given to the state senate committee on judiciary on March 25, 1997. "The safety of the community is still endangered if the public is unaware of the presence of a chronic or violent offender. For this reason, we believe that in the balance between the juvenile's rights to privacy and the community's right to safety, the balance should be tipped in favor of disclosure."

Juvenile cases are confidential by law, said Marsha Kitagawa, spokeswoman for the state Judiciary, and anyone receiving confidential information about juvenile cases is asked to immediately report it.

State statutes prevent the release of any court record from a juvenile case unless the minor is 14 or older, the case has already been adjudicated, and the offense was a class A felony, which would include murder and first-degree sexual assault, she said.

At Central Middle School on Monday, where the victim and two of her alleged attackers are enrolled, a schoolwide assembly was held to address the situation, Principal Melissa Trew said.

School administrators acknowledged that something "happened to the school family" but did not discuss specific allegations or the students involved. Instead, it was stressed that students need to be respectful of one another.

All students were offered counseling, and the school is working with the Sex Abuse Treatment Center to organize classes for students and faculty.

"We let students and faculty have enough information so they can get on with their education," she said. "This does impact the feeling of our campus."

Trew worked on the wording used at the assembly with school counselors.

She would not talk about the victim or the two boys.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.