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Federal prosecutors won’t pursue a new trial against a Hawaii mother whose conviction for assaulting her 15-month-old daughter on a flight from Alaska was overturned.
According to court records, prosecutors told a judge Tuesday they want the case dismissed.
A jury convicted Samantha Watanabe of assault in 2015. Last year U.S. District Judge Leslie Kobayashi ruled that the magistrate judge abused his discretion by allowing prosecutors to present lay opinion testimony about proper parental discipline. She ordered a new trial.
Prosecutors told jurors Watanabe cursed at her daughter, smacked her in the head and yanked out her hair. Defense attorneys argued the allegations were fabricated by judgmental passengers.
Before the conviction was overturned, Watanabe had already served a sentence of a month in jail and three months’ home confinement.
Hawaii island
Fatal crashes, deaths increase
Deadly crashes so far this year are up sharply on Hawaii island as police continue to crack down on impaired driving.
So far this year there have been 19 fatal crashes with a total of 21 deaths, compared with 12 fatal crashes with a total of 13 deaths for the same time last year. This represents an increase of 58.3 percent for fatal crashes and 61.5 percent for deaths, the Hawaii Police Department said by email.
Police arrested 23 motorists for driving under the influence during the week ending Sunday. One of them was involved in a traffic accident. So far this year police have made 672 DUI arrests, up from 620 last year, an increase of 8.4 percent.
There have been 773 major accidents so far this year, a drop of 6.9 percent, the department said.
8 nominated for Circuit Court
The state Judicial Selection Commission has submitted the names of eight candidates for two vacancies on the Circuit Court for Hawaii island. Circuit Judge Ronald Ibarra retired in June, and Judge Glenn Hara retired in December.
The candidates for Ibarra’s seat are:
>> Gregory A. Ferren, a Honolulu lawyer who specializes in general litigation and business transactions.
>> Robert D.S. Kim, a lawyer in Kealakekua who concentrates on civil litigation, commercial, real estate, environmental, family and criminal law.
>> Michael H. Schlueter, a Cincinnati native who moved to Kailua-Kona in 2006 and practiced law before joining the Prosecutor’s Office in December 2007. He now practices in Kailua-Kona.
>> Kimberly B.M. Taniyama, a deputy prosecutor for Hawaii County.
On the short list for Hara’s seat are:
>> Harry P.N.S. Freitas, a Big Island district judge. He has also been a Hawaii County deputy corporation counsel, deputy prosecutor and deputy public defender.
>> Jeffrey A. Hawk, a founding partner of Hawk Sing & Ignacio in Honolulu who focuses on criminal defense and personal injury.
>> Henry T. Nakamoto, a Hawaii island District Family Court judge. He also serves as administrative judge for the District Court on Hawaii island.
>> Jeffrey W.S. Ng, a Big Island deputy public defender.
By law, Gov. David Ige has until late August to make his selections.
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