Judge grants Tulimasealii’s request for deferment of plea
STAR-ADVERTISER
UH football player Kennedy Tulimasealii pleaded not guilty to two misdemeanor counts of assault and one count each of resisting arrest and harassment at his arraignment in District Court on May 10. A state judge granted this morning Tulimasealii’s request to defer his no contest pleas to assault, harassment, resisting arrest and criminal property damage.
A state judge granted this morning Kennedy Tulimasealii’s request to defer his no contest pleas to assault, harassment, resisting arrest and criminal property damage.
That means Tulimasealii, 21, who had been projected to start at defensive tackle for UH until his dismissal from the team in June, can avoid conviction and have the charges dropped if he stays out of trouble over the next four years.
His lawyer Michael Green said the deferral should allow Tulimasealii to get back the scholarship and roster spot on the University of Hawaii football team that he lost when he pleaded no contest in June. Green says he has already filed an appeal with the university’s vice chancellor.
76 responses to “Judge grants Tulimasealii’s request for deferment of plea”
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The question is, if the appeal is granted is, how long to get up to game speed? Would it be best to redshirt if he hasn’t already done so?
Please give this Kanaka Maoli a chance .
Do you know what Kanaka Maoli means?
He was given a chance.
He is not Hawaiian hon. No relationship.
He needs to sit out a year and becoem a real UH student while showing he can stay out of trouble. He is just lucky that Hawaii courts are so lax. In North Dakota, this guy would have gone to prison.
Hope he can get reinstated, everyone deserves a second chance. Need to drug test that boy first.
Second chance? This was not the first or even second time that he did something like this.
“This was not the first or even second time that he did something like this.”
When you make a statement like this it would be appropriate to provide information on when and what he did. It is my understanding that deferred acceptance please are normally only allowed in cases where the defendant had no prior record.
Thank You “AhiPoke” … well stated
LIVE ALOHA / PLAY WARRIOR / DEFEND THE ROCK … GO ‘BOWS !!!!!
I don’t recall any information that this is a repeat offense nor do I recall KT ever being in trouble.
Hey I love UH football just as much as anybody. I live there in McCully and saw and heard everything. The incidents started many months before and just got more severe. It was just a matter of time. The last time that the police were there was really sad. Maybe if they were called and charged earlier.
Do you know what really happened? Did you do some mischief when you were young? This is a life changing decision for him. If he gets into situations not conducive to the team, he can always be released. He should be given the chance to make up for his mistake.
Of course. We have all gotten into some mischief when we were younger and I am no exception. In my case though, the “mischief” never included assaulting a girlfriend, her car, and a police officer. (except on the mat and in the ring 🙂 ) I would expect to be held accountable for my actions and to try to atone for my transgressions. Nobody “needs” to play football. He has an opportunity for a college degree. He should take the opportunity and count himself fortunate to have learned a lesson now while there is time to correct it.
Not everyone deserves a second chance. If you kill someone I don’t believe you deserve a second chance. Besides, he already somewhat got a second chance when his pleas were deferred. Life isn’t just about football. This will allow him a chance to keep the conviction off his record. As far as him being allowed back on the team, if it were up to me I’d say no. I don’t know how this will play out though as deferred pleas aren’t addressed in the UH code of conduct (according to an earlier story) so it’ll be interesting to see if he is indeed reinstated.
I concur with you. Its time to separate the men from the boys. He is heading in the right direction now, but that doesn’t give him a free ride as a student athlete. As for Michael Green! I know you didn’t mention it , but he does a lot of pro bono work for UH. He does have influence!
“Mormoto”-san … when it comes to 2nd chances either you do or you don’t … it’s called discrimination …
How good a player is Kennedy? If he can really help UH win games maybe his scholarship should be given back and put him back on the team? How is he any different from Colt Brennan, Ray Rice, Johny Manziel, or many other college or NFL players with violence problems off the field but are good football players?
For all those who say he should never be allowed to return to playing at UH. How about if he makes a SINCERE public apology and promises to learn from his mistakes and then let him return to the team. Also how about a Go Fund Me page to the victim to give her compensation to help her get a college education to find good employment so she will never be dependent or associate with these type of violent loose canons. Also as someone else pointed out Green is a top attorney and UH administrators and their in house attorneys are so pathetic such a the Wonder blunder, Arnold fiasco, Carbone fiasco, Apple fiasco, etc., UH would lose big to Green in court so just have Kennedy make a public apology to the person he hurt and the public, UH athletic supporters financially compensate the victim and put Kennedy back on the team. Just remembered about Nuu Faaola and Carolyn Sapp….
I rather UH lose without him! Stand up and be an adult. Star athletes have been babysat enough.
I wasn’t aware that he killed someone. If he did I agree that he doesn’t deserve a second chance.
He did? Where did you get that info?
I didn’t say he personally killed anyone. It was just an example of someone not deserving a second chance. My point was that not everyone deserves a second chance. Sometimes when you mess up you just have to suffer the consequences. It’s not the end of his world if he can’t play football, or at least it shouldn’t be. Also his deferred acceptance plea is the judge giving him a second chance so it’s not like he never caught any breaks. He’s being given the chance to keep his record clean if he stays out of trouble. Not everyone gets that chance.
The outrage is that some on this board believe that he should be treated differently because he is a football player. Sigh….
“Any SA convicted of or pleading guilty or no contest to a felony charge shall be permanently dismissed from the team.”
Nuff said,,,, move on
The deferred plea does not count as any of the above. UH had not contemplated this grey area…..
The Clinton Foundation could have gotten him a full pardon. You just have to know the right people and pay the asking price. I’m surprised Obama didn’t get it done.
I’m assuming someone else could have been given his roster spot? Doesn’t that person deserve a chance too? Tulimasealli had his chance and pizzed it away. UH doesn’t owe him anything. Let someone else have the opportunity instead.
NO defense against four counts with the fanciest lawyer in Hawaii? NO to getting a scholarship paid for by taxpayers (or anyone else at a public institution). Go do well and do good, and be happy your record will be clean.
Taxpayers DO NOT pay for the scholarships.
Photo says a “not guilty” plea was offered to the court, which is very different from “no-contest”. Also, the stipulations outlined by the scholarship contract and players code of conduct, if what the Star Advertiser had quoted previously is true, clearly delineates consequences for transgressions. Mr. Green is an excellent attorney and even he must see beyond his client’s advocacy that it would set a bad precedent if a blind eye is turned for this player/student. NO college level sports team, member of a team, coach, or athletic department employee should be held above the integrity of the educational institution that team or player represents.
I am not advocating anything, but he has now officially plead not guilty to all counts. This should allow for his reinstatement right or wrong.
Reinstate his scholarship? I sure hope they don’t. What type of message does that put out there? Assault? Criminal property damage? No problem, you can still get a scholarship at UH Manoa, come sign up for our team.
I don’t think they should, but UH might have no choice. He was kicked off the team for pleading no contest to a felony. With this deferral, Kennedy technically has not entered a plea yet. In fact, he may not have a plea at all if he stays out of trouble for 4 years. If UH doesn’t reinstate him, expect a lawsuit to be filed by the KT camp with UH likely dishing a hefty Gib Arnold-like settlement.
Then let him wait the four years, but until then.
It’s about rights vs wrongs not wins vs losses. I love the Rainbow Warriors, but making Pono cannot be compromised by a football season’s wins and losses.
he did enter a plea – no contest, which means, I am not contesting the charges indicating that he is guilty of the charges but wants leniency from the court because it is his first offense. but in reality it was not his first offense, it was second or third, which chow kept hidden from the public. he really should not have been given a deferred acceptance because it was not minor nor his first offense. believe the team conduct rules does not require conviction to be dismissed, a no contest plea is sufficient. a deferred acceptance will only expunge the record as if nothing had happened but it does not deny that a felony crime had not been committed.
this is nonsense!
Also, this ignores the victims as well as all of the damage that he caused. The courts ruling is what it is but if he is wants to play for UH he should first have to show that he can stay out of trouble for four years to prove that he has learned his lesson. Football is a game. Domestic violence and criminal property damage is serious real life.
Football is just a game for most of us, but it can be a life changing career for those who have the talent to play at the next level. Most, if not all, of us have made mistakes that we learned from. Although Kennedy’s mistakes shouldn’t be taken lightly, let’s hope he has learned valuable lessons that he will carry with him for the rest of his life. I’m hoping he proves the naysayers wrong and become the role model that he potentially can become.
Did he beat up his ex and send her to the hospital?
Agreed. The intent of the “deferred plea” process was not to establish innocence but to give the the accused a chance to prove himself capable of living within the law. And why does he have to stay out of trouble for the next four years? To avoid conviction for the crimes he committed. Let him stay in school, of course. But no football, unless he wants to wait four years, after he has proven he won’t beat a woman again.
What has Tulimasealii done for the community since his arrest? Did he speak out against domestic violence? Nothing.
Appeal should be turned down as far as getting back his scholarship.
I don’t know what Green is referring to. The following is taken directly from the student athlete handbook and lists.
Felony Conviction. Any SA convicted of or pleading guilty or no contest to a felony charge shall be permanently dismissed from the team. The SA shall retain her/his grant-in-aid for the balance of the academic year. The Athletics Director will notify the Financial Aid Office that the grant-in-aid shall not be renewed for any successive academic years. The SA may appeal this decision pursuant to the appeals procedure stated above.
If there is history of any student athlete given a scholarship when such athlete had been “convicted of or pleading guilty or no contest to a felony charge shall be permanently dismissed from the team”. Thus this means when the athlete is on scholarship at the time with the school?
What about a person who gad been convicted of or pleading guilty or no contest to a felony charge while not a student at UH, but later was given an athletic scholarship and participated in sports for the school?
I would believe that there may have been at least one of the many thousands that were given a scholarship to UH, who had a felony charge or conviction who were given a deferred judgement or put on probation by the courts. If such is the case UH would be wise to allow Kennedy to be reinstated.
Thus the wording of many UH legal jargon needs to be very precise and continued to be updated so that the school does not get into more suits and the lost of finances.
lets see Fresno (felony) state university had lot of players in football and basketball that had records of some sort, hay even pisa tinoisamoa had a record and yet jones took him in and he grew up being a pretty good person, so I say give kennedy a chance to make something good of himself.
Matlin mentioned nothing about a possible reinstatement appeal option in the UH student-athlete conduct code.
A deferment doesn’t change his plea, right? He still pled no contest. The only difference is that it will be expunged from his record if he stays clean over the next 4 years. He’s done as a UH football player. I know I’m not smarter than Michael Green, but I think he’s barking up the wrong tree on this one. Kennedy should transfer. This will be his sit-out year and he’d be eligible for 2 more years at a D1 school. He should be able to get a scholie.
“64hoo” … good point about Pisa Tinoisamoa … let’s not forget Davone Bess and some guy named Brennan who were also given 2nd chances … I got a funny feeling this appeal w/ UH could end up in Court
LIVE ALOHA / PLAY WARRIOR / DEFEND THE ROCK … GO ‘BOWS !!!!!
I hope not. They gotta sit down and do what is right!
Agreed Bdpapa. Tinoisamoa, Bess, Brennan, CAME to UofHawaii. They had benefit of veteran coaches. Coach June Jones and Coach Greg McMackin (coached Warren Sapp, Ray Lewis while DC at Florida) were proven coaches. Take nothing away from Coach Rolovich, but Jones and McMackin were older and more experienced.
I am also hoping Atty Muchael Green, AD Matlin, Coach Rolovich do what’s best for the victims, the
Uof Hawaii, and Kennedy Tulimasealii.
Colt and Pisa had luggage “prior” to being offered scholarships by UH. Thus, UH gave them second chances when other schools withdrew their offer(s). They had clean records while a student at UH. Kennedy, however, violated the student code while a UH student. Not saying he does not deserve a second chance, but the situation is different.
And look where Devon Bess is now!
In my opinion, there was little doubt that the Judge would grant Kennedy the deferral. Personally, i feel that Kennedy should go elsewhere to play. He needs a change in scenery
and time to grow up away from Hawaii. If he is that good a player, he will have greater exposure on the mainland for a possible chance to play in the pros.
Kennedy is of the few players at UH who can make the All-Mountain West team. Heck, if UH doesn’t want him. Transfer to Boise State or San Diego State. I’ll bet they’ll take him. Then he can play on a good team.
I think KT should be denied reinstatement and have his scholarship revoked, but … leave the door open for a possible return next year. Let him get a job to pay for his schooling, then apply for reinstatement, providing his stays out of trouble. If accepted, he can finish his senior year as a scholarship player.
I don’t know, though, if a year off not on scholarship can essentially be called a redshirt year. Maybe once he’s out, he’s done. If that’s the case, he should look for a DII program where he can play immediately, or a DI program where he can spend this season as a redshirt.
Of course, it’s what judges do in the weak, liberal, state of Hawaii.
My question is: what about the victim? Shouldn’t there at least be an apology given?
Tough crowd. One mistake, and your dreams are shot forever. All the work that you’ve put in for years is wasted. Where’s the aloha? Where’s the heart? Remember, the felony charge was for property damage — not violence against another. The amount was $3000, I think. Not a huge amount. A couple weeks’ pay for most people. Michael Phelps, our Olympic hero, was sentenced to 18 months probation for DUI in 2004. He was arrested for DUI again in 2014, pleaded guilty, and again received probation. Today, in Rio, he’s he’s making Olympic history. Kennedy has a gift and lifelong love for football. He deserves a second chance.
Yes, he should be given a 2nd chance at UH. Don’t want to sound cold and unfeeling but this is desperate times for UH football and if rookie coach Rolo cannot turn it around very quickly, it could spell the end for UH football as we know it. Supposedly Kennedy was the best UH defensive player they had. Money doesn’t solve all problems but I will help to contribute to a scholarship fund given to the victim if she can accept a public apology by Kennedy. If he is allowed to play on the team, have some elder in the Samoan community, preferably a highly respected ex NFL football player who is bigger and stronger than Kennedy is to help keep this guy’s head on straight and stop acting stoopid after he is given a second chance on the team.
“Kimo” … I agree … my argument is not about what KT did but do we give people a 2nd chance. It’s either we do for all or we don’t do for anyone … for all the “anti-KT” folks out there let me ask you this and be honest w/ yourself in your answer … if you were the person who “screw up”, wouldn’t you want a 2nd chance. If this was YOUR kid wouldn’t you want him/her to have a 2nd chance ???
No, he’s an entitled loser. He’s been baby too long. He is a good football player but a lousy person. He needs to grow some balls and be a man. And all of the enablers should stay out of it. Stop allowing this to foster.
So.. how many of you good Samaritans that wants Tulimasealii not have a second chance with the University of Hawaii’s football program, actually went to his plea hearing and voiced your opinion, wrote a letter to the judge and pleaded no favorable actions, stood outside and protested the possibility of his getting a deferral or anything that could have nixed his chances? At least one of you? Exactly!
If he doesn’t get reinstated, it’ll be Hawaii’s lost, cause I’m sure there will be dozens of other D1 schools out there that’ll be willing to give him a scholarship to play for them. I’m sure Harbaugh w/Michigan is the first in line.
They can have him! They will use him and then dump him like yesterday garbage (Hardboiled Haggardy circa 1965).
Perhaps the student conduct code should be rewritten?
“Felony Conviction. Any SA (who is not an above average athlete) convicted of or pleading guilty or no contest to a felony charge shall be permanently dismissed from the team. The SA shall retain her/his grant-in-aid for the balance of the academic year. The Athletics Director will notify the Financial Aid Office that the grant-in-aid shall not be renewed for any successive academic years. The SA may appeal this decision pursuant to the appeals procedure stated above.”
I wonder if all the sentiment about giving him a second chance at UH would be the same if no one knew his name/he didn’t play football? I’m guessing not. What about the female victim and/or the owner of the property that was damaged??? What if YOU were that person? “Second chance?” He got it when the judge granted him the sentence deferral vs a trial/possible prison time.
Good luck to you! One stupid mistake doesn’t need a lifetime of a black mark. Hope you make it. Great addition to the team.
He should not be reinstated until he fulfills all the requirements of the DAG. That’s when he can get his second chance. He has not proven anything yet. All talk so far. Im wondering
how he received a DAG if he had a prior record ??
I feel for everyone involved. The victims, Kennedy, all the families and everyone who are so righteous in their condemnation of an individual due to his athletic status, racial profiling and whatever else you want to throw in. Personally I don’t know Kennedy and I’m sure neither do any of you. I don’t see how anyone can link Kennedy to a Manziel who is a walking diaster. There are good Samoan people out in the Waianae area and I’m sure Kennedy has gotten plenty of good Samoan family time to get his act together. None of us know the full story and will never know. It’s none of our business to know. This is up to the UH whether to allow him back on the team and I’m sure if that is done than there will be provisions between Kennedy and the coaching staff. My hope for all concerned that lessons were learned to be better individuals and move forward to do better for others. The real second chance is given if you are a believer by our Almighty God.
You too nice Thanks!
“IF” by chance Atty Michael Green should win an appeal with UH, I believe the final say as to whether or not he is allowed to return should be decided by the Team itself w/ a vote … I hope all those out there who don’t believe in 2nd chances will someday be in a situation where they will be begging/praying for one … maybe then you can honestly look into your heart and learn the meaning of FORGIVENESS …
71 posts on this story, so far. Pretty much speaks for itself. With everything else going on in this town and the rest of the planet, so many folks worried about this loser and the state of UH football.
He should not be given special treatment. He allegedly hit a woman. Regardless of his high priced Lawyer, he should not be let on the team. Women and girls all over this state will feel as if they have no protection because the perpetrator got special treatment. He comes across as self-centered. Maybe he could prove himself worthy of living a crimeless life and move on. It’s not about him, it’s about his alleged victim and how his ACTION affects her life from now on.
The UH needs good football players, like Kennedy.
They don’t need alleged abusers at any costs. If the alleged victim was your daughter, perhaps you wouldn’t be so insensitive. I don’t care if they were under stress and perhaps influence, nobody deserves physical abuse.