Judge tosses ‘Manoa Rapist’ suit

A man known as the "Manoa Rapist" who sued prison officials for refusing to let him enter a work furlough program on Oahu has lost his case in federal court.

U.S. District Judge Derrick Watson dismissed John Freudenberg’s case Monday, stating insufficient evidence of official misconduct.

In June, Freudenberg, 54, sued Department of Public Safety Director Ted Sakai and Corrections Division head Max Otani, claiming they were discriminating against him by not letting him participate in a work furlough, a requirement before he can be paroled.

The furlough program allows inmates to work outside during the day and return to prison at night.

His suit said officials have denied his request despite the Hawaii Paroling Authority repeatedly recommending him for work furlough.

"We’re very disappointed," said Myles Breiner, Freudenberg’s attorney, on Saturday. "We believe we had a legitimate basis to assert constitutional violations of the Eighth and 14th amendments."

Freudenberg has been denied parole 17 times — most recently last month — because he hasn’t participated in the furlough program. Breiner claimed Sakai is trying to make an example of Freudenberg and wants him to "die in prison."

Breiner said he intends to appeal to the 9th U.S. Circuit Court of Appeals and pursue the case in state court.

Sakai was not available for comment Saturday, but court documents said he sent a letter to Freudenberg in April 2013 saying his request to enter work furlough was under consideration.

Public Safety spokeswoman Toni Schwartz said in an email Saturday that the situation has not changed.

"We are still assessing his unique situation for adequate programming specific to his needs," Schwartz said.

Freudenberg was sentenced to 12 life prison terms in 1984 for a string of burglaries and sexual assaults involving 16 victims during a 14-month crime spree in the early 1980s.

He pleaded guilty in 1983 to seven counts of rape and attempted rape, five counts of sodomy and attempted sodomy, 19 counts of burglary and attempted burglary, and six counts of sexual abuse.

The paroling authority told Freudenberg he had to spend at least 20 years behind bars before he could be eligible for parole, but reduced that to 14 years in 1990. Freudenberg became eligible for parole in 1996.

Watson said officials didn’t violate Freudenberg’s Eighth Amendment right against inhumane confinement because he hasn’t been detained longer than his life sentence.

Watson also said the state did not violate Freudenberg’s 14th Amendment rights of due process and equal protection. Watson said deciding whether an inmate can be released to a work furlough program requires a case-by-case determination, particularly with sex-related offenses resulting in multiple life terms.

"The court finds it difficult to envision any scenario where such a release decision could be made with something other than an individualized, subjective, and discretionary assessment," Watson wrote.

Breiner said Freudenberg has completed a sex offender treatment program four times and would be successful in work furlough because he is the in-house electrician at Halawa Correctional Facility.

Watson’s decision has been "really hard" for Freudenberg, Breiner added. "We really thought we would prevail on at least the 14th Amendment claims."