Hawai'i Legal News

  State v. Sylva (HSC December 29, 2023) Background. Kumulipo Sylva was indicted for murder in the second degree after he was arrested for killing Eduardo Cerezo in the bathroom of the Queen Kaahumanu Shopping Center. Sylva raised the insanity defense and three examiners were appointed to determine penal responsibility. All three concluded that Sylva suffered from a physical or mental disease, disorder, or defect. Two out of the three believed he lacked capacity under the insanity defense was not criminally responsible.   At trial, the prosecution presented evidence that Cerezo and Kyle Keoho got on the bus in Pukalani when they saw Sylva on the bus. Cerezo called Sylva a “pussy” and threatened to beat him up. When the bus got to the shopping center, the three of them got off and Sylva challenged Cerezo to a fight. Cerezo said he did not want to fight and Sylva walked away from them.   Cerezo and Keoho went to the bathroom together. Sylva also went into the bath...

  State v. Abion (HSC December 29, 2020) Background. Ramoncito Abion was charged with assault in the 2d degree. Prior to trial, Abion moved for an examination to determine his fitness to stand trial and his penal responsibility. One of the examiners, Dr. Martin Blinder , concluded that at the time of the assault, Mr. Abion was suffering from a disorder that precluded penal responsibility. Dr. Blinder believed that the disorder was caused by prolonged methamphetamine use. The prosecution moved to preclude Dr. Blinder from testifying at trial on the grounds that his testimony was irrelevant.   The prosecution argued that self-induced intoxication is excluded from the lack-of-penal-responsibility defense and that Dr. Blinder’s testimony would be irrelevant. At the hearing, Dr. Blinder expanded on his opinion. He diagnosed Abion with methamphetamine psychosis. Dr. Blinder explained that methamphetamine can cause “structural changes in the brain” that will render someone “pe...

State v. Glenn (HSC June 30, 2020) Background. Michael Glenn was charged with terroristic threatening in the first degree. Glenn filed a motion to determine fitness to proceed and penal responsibility. The motion was granted and three examiners were appointed to determine his mental capacity and opine on whether he had penal responsibility at the time of the offense. Two of the three examiners found that he was unfit to proceed and that he lacked penal responsibility. Dr. Marvin Acklin, Ph.D. disagreed. He determined that Glenn “appeared” fit and that he was not mentally ill at the time of the offense. At the first hearing, the parties stipulated to the findings in all three reports. Counsel did state on the record that Glenn did not agree with the majority findings that he was unfit to proceed. The circuit court with the Hon. Judge Richard Perkins presiding committed Glenn to the Director of the Department of Health for detention, care, and treatment. Glenn was placed at the Hawai...

State v. Plichta (HSC Nov. 30, 2007) Background. Plichta stripped down a car in a parking lot with a hatchet one morning near Sand Island. After being confronted by the owner of the car, dousing him with pepper spray, trying to flee, and spray the police, he was apprehended. He told the police that they were in big trouble because he was the President of the United States, the chief of police, and part of an international agency. Plichta’s defense counsel was preparing to go with the insanity defense and filed a motion for a three-doctor panel pursuant to HRS § 704-404. The circuit court granted the motion and three doctors examined Plichta to determine whether he was competent for trial and whether he was legally insane. Three doctors interviewed him and their reports were given to the parties and the court. At no time during the interview did Plichta talk about his belief that he was being chased by extra-terrestrial life. At trial Plichta’s lawyer argued that at the time of t...