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Tulimasealii hearing next month after waiver granted

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  • DENNIS ODA / DODA@STARADVERTISER.COM

    At his May 10 arraignment, University of Hawaii football player Kennedy Tulimasealii stood outside the courtroom in District Court. Tuilimasealii today requested — and received — a waiver for a preliminary hearing in District Court.

University of Hawaii football player Kennedy Tulimasealii faces a Circuit Court hearing next month on a felony charge of criminal property damage.

Tuilimasealii today requested — and received — a waiver for a preliminary hearing in District Court.

In granting the waiver, District Court Judge Clarence Pacarro ordered the case forwarded to Circuit Court for arraignment and plea on June 9.

Tulimasealii declined to comment on the court action. He is accused of destroying a navigational system on the dashboard of a car owned by his ex-girlfriend’s father. It is classified as a Class C felony because damages in the April 1 incident exceeded $3,000. A Class C conviction is punishable up to five years in prison and/or a monetary fine.

Tulimasealii remains on suspension from UH-football-related activities because of an April 12 incident in which he was charged with two counts of assault, and one count each of harassment and resisting arrest. The assault and resistance charges are misdemeanors; harassment is a petty misdemeanor. A hearing on that case, which stemmed from a dispute with his ex-girlfriend, is scheduled for June 26 in Circuit Court.

His attorney, Michael Green, said he will request consolidating all the cases to be heard jointly on June 26. He said he asked to waive the preliminary hearing to expedite the process of getting “these cases together before the administrative judge and try to work out a disposition that is satisfactory to everyone so we can get him back on course with his life.”

Deputy Prosecutor Moanikeala Crowell said the state was prepared to present its case in a preliminary hearing on the property-damage complaint. The state subpoenaed four witnesses, and submitted a 20-page police report and two compact discs containing photos and audio testimony.

“We are prepared to proceed forward within complete compliance of the laws and statutes,” Crowell said.

Green said he will file a motion seeking a deferral in which Tulimasealii’s plea would be set aside and the case expunged if his client does not incur further legal trouble during a specified period. Green said the motion would include Tulimasealii attending anger-management classes.

“I want him treated like any other person charged with a crime,” Green said. “I don’t want him being treated special because he’s an athlete. That’s a two-edged sword. Why would a lawyer say that? I don’t want him to be punished any greater than someone who’s never been convicted of a crime. I want him to be treated the same way. My sense is that will be done.”

While on suspension, Tulimasealii remains on football scholarship and is permitted to attend classes and the athletic department’s study hall. Tulimasealii said he is enrolled in UH’s Summer Session I, which began Monday.

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