The Public Defender’s Office filed a petition Sunday with the Hawaii Supreme Court questioning the power of state court judges to keep defendants jailed for up to 90 days without bail after charges against them have been dismissed in the wake of the court’s ruling that a grand jury indictment is necessary to bring charges in serious felony crimes.
The petition asks the high court to strike down a state Judiciary rule allowing the 90-day hold.
“Keeping a person in jail without bail after the case has been dismissed violates that person’s constitutional and statutory rights,” the petition written by Deputy Public Defender Jon Ikenaga asserts. “Even if the rule does confer such extraordinary power, it is limited to 48 hours after the dismissal.”
The issue is being raised on behalf of Scott Deangelo, who was ordered held without bail by Circuit Judge Kevin Souza after the case against him for murder was dismissed Oct. 10, when prosecutors requested Deangelo be held without bail until they can take the case to a grand jury. Prosecutors brought charges against Deangelo in a preliminary hearing.
The Deangelo case is one of several in which Circuit Court judges have begun approving 90-day detention orders as cases requiring grand jury indictments have begun piling up due to the Hawaii Supreme Court ruling and because pandemic restrictions prevented grand juries from convening for 14 of the past 30 months.
Honolulu Prosecutor Steve Alm said state Judiciary Rule 12(g) is just one mechanism his office is using to prevent the release of potentially dangerous criminals once a case has been dismissed, and it is being used “on the most dangerous defendants.”
Hawaii Rules for Penal Procedure Rule 12(g) allows defendants “to be held in custody or his or her bail be continued for a specified time pending the filing of a new charge.”
The high court’s decision in the Deangelo case could have broad implications should the court rule that a judge can order a person to be held for more than 48 hours without being charged with a crime.
The petition asks for “an extraordinary writ,” or legal order, which is requested when lower courts need immediate direction on a matter of public importance. Alternatively, it asks for a writ of prohibition, which “restrains a judge of an inferior court from acting beyond or in excess of his jurisdiction.”
The petition says, “It is appropriate because it will guide trial courts and prevent widespread constitutional and statutory violations.”
The petition says Rule 12(g) “must be stricken” because it allows a judge to hold defendants in custody beyond 48 hours after proceedings are terminated, violating the Hawaii and U.S. constitutions.
The petition cites case law showing the Fourth Amendment prohibits government officials from detaining a person without probable cause.
Should the Hawaii Supreme Court prevent prosecutors from using Rule 12(g), alternatively they could seek to again charge defendants whose cases are dismissed by way of preliminary hearing, which gives them a 14-day window to seek a grand jury indictment and prevent the defendant from being freed as their case is moved to Circuit Court.
Deangelo was initially charged Feb. 25 with second-degree murder by criminal complaint and preliminary hearing in the death of Demond Cox, whose body was found severely burned Feb. 8 in a Pearl City apartment fire. Cox had a neck injury consistent with a knife recovered from the scene. Witnesses also heard popping sounds resembling gunshots prior to the fire breaking out, and reported seeing Deangelo jump from a fourth-floor window and flee in a van.
