Hawaiʻi County Prosecutor, Police Raise Alarm Over Felony Pretrial Releases

Hawai‘i County prosecutors and local police raised alarm after seven people charged with felony offenses were released from jail in February under supervised-release conditions that included electronic monitoring, stay-away orders, prohibitions on possessing firearms, and mandatory drug testing. The Hawai‘i State Judiciary’s eCourt Kokua system shows at least four instances where suspects facing charges ranging from abuse of a household member to possession of a firearm to sexual assault of a child were granted reduced bail or supervised release.

Hawai‘i County Deputy Prosecuting Attorney Kelden Waltjen said he is taking the issue to state lawmakers and warned that recent legislative proposals could make the situation worse. “The courts already have the discretion to grant release for an offender,” Waltjen said. “These bills will only make it harder for police and prosecutors to do their job. They’re, to me, a step backwards.”

The numerical picture is mixed: prosecutors and law enforcement describe a trend of seven releases in February, while court-docket checks in eCourt Kokua reveal a minimum of four concrete instances of reduced bail or supervised release tied to specific charges. The relationship between the seven reported releases and the four docketed examples has not been clarified publicly, leaving open questions about overlap, case names, bail amounts before and after reductions, and the specific judges who set conditions.

Legislative debate is part of the backdrop. Tommy Johnson, director for the Department of Corrections and Rehabilitation, has signaled departmental opposition to House Bill 1628, which would create a pathway for compassionate release for qualifying incarcerated individuals serving life sentences without the possibility of parole. Johnson’s department told lawmakers it opposes HB1628 while prosecutors argue several pending measures would limit law-enforcement tools.

Concurrently, several investigations involving public employees have underscored scrutiny of law-enforcement and corrections systems this week. On Wednesday, a Hawai‘i County police officer pled no contest to tampering with physical evidence in a case described by investigators. On Monday, a Department of Public Safety employee pled guilty to theft in the first degree and official misconduct after manipulating computer records to obtain more than $64,000 in unearned income. On Tuesday, an attorney general-announced grand jury indictment charged an investigator with the Honolulu Prosecutors Office with two counts of obstruction of justice, two counts of tampering with a witness, and one count of abuse of a household member; the Statewide Investigations and Prosecutions Division, SIPD, led that investigation and will lead the prosecution.

Lopez, speaking about SIPD’s recent work, said, “This commitment has been seen three times just this week.” Lopez added, “It is clear that SIPD takes it job seriously. It will bring, and is bringing its commitment to justice to this investigation as well. Nothing is more important to me than insuring that I fulfill the responsibilities of my office. I reiterate, that as the Chief Legal Officer and Law Enforcement Officer of the state under the Hawaiʻi constitution, it is my responsibility to proceed with this investigation.” Lopez also said the speed of those investigations is proceeding “as quickly as possible” and reminded the public that defendants remain innocent until proven guilty in court.

Prosecutors and police say they will press lawmakers and review court dockets in eCourt Kokua to seek greater scrutiny of pretrial release in serious felony cases as discussion over HB1628 and related measures continues.