2 MARCH 16, 1999
3 THE COURT: The record will note the
presence
4 of [Topasna]; his counsel, and the prosecutor,
in the
5 absence of the jury panel. [Defense
counsel].
6 [DEFENSE COUNSEL]: I understand, Your
Honor, my
7 client will be changing his plea and
accepting an
8 agreement by the State -- or from the
State. Excuse me.
9 THE COURT: Is that correct, [Topasna]?
10 [TOPASNA]: Yes, Your Honor.
11 THE COURT: Okay. I need to ask you
some
12 questions to make sure you understand
the charges that
13 you're pleading. Is it guilty or no
contest?
14 [DEFENSE COUNSEL]: They require a guilty
plea as
15 opposed to no contest.
16 THE COURT: Okay.
17 BY THE COURT:
18 Q What is your full name?
19 A Alfred Leon Guerrero Topasna.
20 Q How old are you?
21 A 46.
22 Q How much education have you had?
23 A Up to nine and a half.
24 Q Do you read and write English?
25 A Yes.
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
APPENDIX A
PERMISSION TO COPY DENIED,
HRS 606.13, etc. 3
1 Q Are you under the influence of any
alcohol or
2 drugs this afternoon?
3 A None.
4 Q Are you under treatment for any mental
illness
5 or emotional disability?
6 A No, Your Honor.
7 Q Is your mind clear?
8 A Yes, sir.
9 Q I have a plea form here that appears
to have
10 been signed by you on the middle of
the second page. Did
11 you sign this form?
12 A Yes.
13 Q Did [defense counsel] read and explain
the form to
14 you before you signed it?
15 A Yes, sir.
16 Q Do you understand everything in the
form?
17 A Yes.
18 Q Do you have any questions about anything
on
19 the form?
20 A No, sir.
21 Q You sure?
22 A Yeah. I asked the counselor already.
23 Q All right. Now, it says here that
you're
24 going to plead guilty to Counts I and
through IV, Sexual
25 Assault in the Second Degree; Count V, Sexual Assault in
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED, HRS 606.13, etc. 4
1 the Fourth Degree; and Count VI, Sexual
Assault in the
2 Third Degree. Is that right?
3 A Yes.
4 Q Has each one of these six charges been
5 explained to you by [defense counsel]?
6 A Yeah, kind of.
7 Q Well, you have six separate charges.
8 A Yes, sir.
9 Q What I need to know is whether you
understand
10 what youre charged with in each of
those six charges.
11 A I think I got an idea of what the six - -
12 Q Well, to make sure, Count I charges
you with
13 knowingly inserting your finger into the vagina of
14 [the complaining witness] sometime
between September 1st, 1992, and
15 June 9th, 1995. Do you understand that
charge?
16 A Could you repeat that, Your Honor?
17 Q Okay. Sometime between September
1st, 1992,
18 and June 9th, 1995, you knowingly inserted
your finger
19 into the vagina of [the complaining
witness].
20 A Yes. I understand that.
21 Q You understand what youre being charged
with?
22 A Yeah.
23 Q Okay. Then Count II charges you with
24 knowingly inserting your penis into
[the complaining witness's]
25 vagina between the same two dates,
January 9th, 1992, and
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED,
HRS 606.13, etc. 5
1 June 9th, 1995. Do you understand that
charge?
2 A Yes, Your Honor.
3 Q Count III charges you with knowingly
placing
4 your mouth on [the complaining witness's]
vagina between January
5 9th, 1995, and March 19th, 1997.
6 [PROSECUTOR]: Your Honor, for the record,
7 September 1st, 1995.
8 THE COURT: Okay. I'll transpose that.
9 BY THE COURT:
10 Q September 1st, 1995 to March 19th,
1995. Do
11 you understand Count III?
12 A Yes, Your Honor.
13 Q Okay. Count IV charges you with knowingly
14 inserting your penis into [the complaining witness's] vagina
15 sometime between September 1st, 1995,
and March 19th
16 1997. Do you understand Count IV?
17 A Yes, Your Honor.
18 Q Count V charges you with knowingly
placing
19 [the complaining witness's] hand on
your penis by compulsion; that
20 is without her consent, sometime between
September 1st,
21 1995, and March 19th, 1997. Do you
understand Count V?
22 A Yes, Your Honor.
23 Q And the last count is Count VI. That
charges
24 you with knowingly placing your hand
on [the complaining witness's]
25 vagina by strong compulsion -- maybe
some sort of force
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED, HRS 606.13, etc. 6
1 involved -- between March 1st, 1997,
and March 31st,
2 1997. Do you understand Count VI?
3 A Yes.
4 Q All right. Do you have any questions
about
5 any of the counts?
6 A First time I seen the dates or any
of this --
7 you know.
8 Q Excuse me?
9 A This the first time I seen these charges
and
10 the dates and the years that this happened.
I've never
11 seen this before.
12 Q Okay. Do you have any questions about
the
13 counts, though?
14 A Well --
15 Q I'11 tell you what, [Topasna], you
know,
16 it's up to you what you do in this case. My
17 understanding is that the State has
offered a plea
18 agreement and you at least tentatively agreed to accept
19 that plea agreement or vice versa. You offered to plead
20 and they agreed to your offer. Whatever
way it happened.
21 But there s still a jury outside, and
you can always go
22 to trial.
23 You know, I need to know what you really
want
24 to do here today. And the first step is finding out
25 whether you understand the charges. And you've said that
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED, HRS 606.13, etc. 7
1 you understand the charges?
2 A Now.
3 Q But do you have any questions about
that? We
4 need to know that you understand what
you're being
5 charged with.
6 A Now I've seen what -- that's the first
time
7 I've seen this.
8 Q Okay.
9 A But --
10 Q Do you have any questions about the
charges?
11 A Not right now, I guess.
12 Q All right. Have you and [defense
counsel] discussed
13 possible defenses that could be raised
to these charges?
14 A That was just -- you know, that was
with [the motions judge].
15 But it's not admissible right?
16 Q Well, did you discuss the defenses
with
17 [defense counsel]?
18 A Yes.
19 Q Okay. So you understand the defenses
in your
20 case -- the possible defenses?
21 A Yes.
22 Q Now, do you understand that if it
were not for
23 the plea agreement in this case, the
maximum penalty for
24 Counts I and II -- excuse me -- isn't
Count I and 2 A?
25 [PROSECUTOR]: Yes, Your Honor.
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED,
HRS 606.13, etc. 8
1 BY THE COURT:
2 Q Counts I and II are Class A felonies,
and they
3 would have carried a maximum of 20 years
in prison and a
4 $50,000 fine, okay? Counts II -- excuse
me -- III, IV -
5 III and IV would have carried a maximum
penalty of 10
6 years in prison and a $25,000 fine.
Count V would carry
7 a maximum penalty of 1 year in prison
and a $2,000 fine.
8 And Count VI is a Class C felony. It
would carry a
9 maximum penalty of 5 years in prison
and a $10,000 fine.
10 Okay. [Topasna], if there were no plea
11 agreement in this case, you could be
sentenced to a total
12 of 66 years in prison and a total fine
of $162,000 for
13 all of the offenses together. You understand?
14 A Yes, Your Honor.
15 Q Okay. And there's also a possibility,
because
16 of the number of counts involved, that
your maximum
17 prison term could be doubled from 65
years, okay - - you
18 double those 65 years, and you would
get 130, I think.
19 [DEFENSE COUNSEL]: I think 20 gets
life term.
20 THE COURT: Okay. Life. Im sorry. All
21 right. Let me start all over again.
22 BY THE COURT:
23 Q You understand that if there weren't
for a
24 plea agreement in this case, the maximum
prison term
25 would be 66 years and the maximum fine,
$162,0000?
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED,
HRS 606.13, etc. 9
1 There's a possibility that your prison
term could be
2 extended to life if there were no plea
agreement. Do you
3 understand that?
4 A Yes.
5 Q Okay. Now, under the terms of the
plea
6 agreement, the Class A felonies, Counts
I and II, are
7 being reduced to Class B felonies, I
understand. And the
8 agreement is that the maximum penalty
in your case would
9 be 10 years in Counts I and II; Counts
III and IV, also
10 10 years; Count V, 1 year; and Count
VI, 5 years. And
11 all those terms would run concurrently
so that you would
12 be given a maximum term of 10 years
in prison. Is that
13 your understanding of the plea agreement?
14 A Yes, Your Honor.
15 Q So you understand that if you accept
the plea
16 agreement, I am going to sentence you
to a maximum of 1
17 years in prison? Theres no possibility
of probation in
18 this case if you accept the plea agreement.
19 A Yes, sir.
20 Q You understand that?
21 A Yes.
22 Q Okay. Now, do you understand that
conviction
23 of any of these offenses would obligate
you to comply
24 with the requirements of the sex offender
registration
25 and notification law for the rest of
your life?
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED, HRS 606.13, etc. 10
1 A Yes, Your Honor.
2 Q Has [defense counsel] explained the
requirements of
3 the registration law to you?
4 A Yes.
5 Q Okay. Do you understand that under
the
6 registration - - registration law, you
are required to
7 furnish and update information pertaining
to your
8 identification; legal, temporary, and
anticipated
9 addresses; employment; vehicles; criminal
history;
10 treatment; and citizenship?
11 A Yes.
12 Q And you must report changes within
three days
13 and register in other states you may
establish residence
14 in?
15 A Yes, Your Honor.
16 Q Do you understand that the information
you
17 provide will be available to law enforcement
and other
18 government agencies and may be accessible
to the public?
19 A Yes.
20 Q And do you understand that a knowing
or
21 intentional failure to comply with
the registration law
22 may result in imprisonment for up to
5 years and a fine
23 of up to $10,000, and even a reckless
failure to comply
24 may result in imprisonment for up to
a year and a fine of
25 up to $2,000?
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED, HRS 606.13, etc. 11
1 A Yes.
2 Q Now, knowing the penalties that you
face, the
3 reduced penalty, I guess, with the plea
agreement, and
4 all of the ramifications of the registra
- - the sexual
5 offender registration law, do you still
want to plead
6 guilty in this case?
7 A Yes, Your Honor.
8 Q Do you understand that if you are
not a United
9 States citizen, conviction of any one
of these charges
10 could result in your being deported,
not allowed back
11 into the country, or denied naturalization?
12 A Yes, Your Honor.
13 Q Do you understand that you have the
right to
14 plead not guilty, to persist in that
plea, and to go to
15 trial no matter how strong the evidence
against you might
16 be?
17 A Yes.
18 Q In other words, you can go to trial
even if
19 you're guilty and the Court wont punish
you any - - any
20 worse or harsher just because you went
to trial. Do you
21 understand?
22 A What if you're not guilty?
23 Q Well, if youre not guilty, you should
go to
24 trial.
25 A Yeah. But if youre found guilty,
you still
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED,
HRS 606.13, etc. 12
1 have to face a bigger ball game. Thats
what Im afraid
2 of.
3 Q All right. Do you understand that
if you
4 plead guilty, youre giving up your right
to a trial, so
5 were not going to have a trial -- were
going to stop
6 the trial right now?
7 A Yes.
8 Q You're also giving up all of the rights
9 you would have had at trial, which is
to have the State prove
10 you guilty beyond a reasonable doubt
of all of these six
11 charges. The jury, 12 people, would
all have to
12 unanimously agree that you were guilty
before you could
13 be found guilty of any of the charges.
You would have
14 the right to cross-examine --
15 All 12 of the jurors would have to
agree that
16 you were guilty before you could be
found guilty of any
17 of these charges.
18 A Of any of 'em?
19 Q Yeah. Each charge, for you to be
found
20 guilty, all 12 would have to say you
were guilty. So six
21 of the -- six times, all 12 would have
to say you were
22 guilty for the six counts. All right?
Do you
23 understand?
24 A Yes.
25 Q And youre giving that up if you plead
guilty;
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED, HRS 606.13, etc. 13
1 right?
2 A Thats a lot.
3 Q All right?
4 A Yes.
5 Q And you know, you're giving up your
right to
6 question all of the witnesses who would
testify against
7 you. Youre giving up your right to present
your own
8 witnesses and to compel them to come
to court, even if
9 they didnt want to come. Youre giving
up your own
10 right to testify yourself and also
your right to remain
11 silent at your trial. Do you understand
that if you
12 plead guilty, youre giving up all of
these rights?
13 A Yes.
14 Q All right. What's going to happen,
15 [Topasna], is if you plead guilty,
Im just going to
16 find you guilty and sentence you in
accordance with the
17 plea agreement and you won't have a
trial. Do you
l8 understand that?
19 A Yes.
20 Q And is that what you want to do?
21 A To be honest with you, no. But Im
afraid of
22 the other - - going through the trial
and then finding
23 myself in a bigger pot of stew.
24 Q Well, I understand. But this has
to be your
25 decision, okay? If you want to go that
way, then fine.
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION
TO COPY DENIED, HRS 606.13, etc. 14
1 We'll proceed that way. But I need to
know that you
2 really want to do it that way. And if
you do, fine. If
3 not, its also fine.
4 Let me ask you this: Is anybody forcing
you
5 or pressuring you in any way to plead
guilty in this
6 case?
7 A I dont have nobody, Your Honor. But
I don't
8 have good enough people to -- I mean,
before the -- the
9 accusation was -- not enough evidence
to -- for me to
10 fight with. Its like --
11 Q Well, if you go to trial, [Topasna],
all the
12 rulings havent been made yet. But the
rulings that
13 you 're aware of -- if you go to trial,
you can appeal
14 those rulings. You understand? You
can take it to a
15 higher court. And if the court down
here made a mistake,
16 then you might be entitled to a new
trial. Right?
17 That's what appeals are for. If you
plead guilty, you
18 give up your right to appeal. So you
're not going to
19 have an opportunity to appeal any ruling
at this level.
20 A Well, what was the last -
21 Q Okay. I was asking you if anybody
was forcing
22 you to plead guilty in this case.
23 A No.
24 Q And is that what you want to do?
25 A Yeah.
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED,
HRS 606.13, etc. 15
1 Q Is that a yes?
2 A Yes.
3 Q And you realize that if you plead
guilty,
4 you're giving up -- your right to appeal?
5 A Yes, Your Honor.
6 Q Again, the plea agreement calls for
the State
7 to reduce Count I and Count II from
Class A felonies to
8 Class B felonies; the parties stipulate
to an open 10
9 years of imprisonment and an open 5-year
term of
10 imprisonment; all jail terms shall
be concurrent; and the
11 State will not seek an extended jail
term; and that you
12 agree to registration as a sex offender
and sex offender
13 treatment. Do you understand the plea
agreement?
14 A Yes.
15 Q And do you have any questions about
it?
16 A No, Your Honor.
17 Q Do you want to go ahead with the
plea
18 agreement?
19 A Yes and no.
20 Q Well, you only get one choice on
that one.
21 I'm sorry, [Topasna]. You need to choose
one of 'em.
22 Do you know what you want to do, [Topasna]?
23 A I'm trying to find an easy way out
of this,
24 Your Honor. Just none of it is easy.
25 Q There is no easy way out of this
one,
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED,
HRS 606.13, etc. 16
1 [Topasna]. Well, your two choices
right now are to
2 take a plea agreement or go to trial.
What do you want
3 to do, [Topasna]?
4 A I guess Ill take the deal.
5 Q The Court will be -- will agree to
be bound by
6 the plea agreement so that your sentence
will be in
7 accordance with it. You know exactly
what the sentence
8 will be.
9 Aside from the plea agreement, has anybody
10 made any other promises of any kind
to you in return for
11 your plea?
12 A No.
13 Q Have you discussed your pleas fully
with your
14 attorney?
15 A Just -- just within the half hour.
16 Q Well, do you want some more time
to discuss it
17 with him? See, the problem is that
we have a jury
18 outside.
19 A Yes.
20 Q You know, and -- well, do you need
more time
21 to discuss this with your lawyer?
22 A I kind of came up with -- I started
asking
23 questions when we kept going back here.
I just kind of
24 was afraid. And these charges are serious.
But a lot of
25 'em, I -- most -- actually, all the charges and the dates
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED, HRS 606.13, etc. 17
1 are not correct.
2 Q Well, if you want to go to trial,
that option
3 is still open to you. We just need to
know what you want
4 to do, okay?
5 A Yes.
6 Q Do you need time? I cant give you
that much
7 time. [Defense counsel], a few minutes
to talk to him without
8 the -- Court being present. But we got
50 people out there.
9 And for the record, it is now 3 oclock.
And we've been
10 here since 1:30 -- or the jury has
been here since 1:30,
11 waiting. I can take a brief recess
now if you think you
12 need it.
13 [DEFENSE COUNSEL]: I think we need
it given his
14 hesitancy.
15 THE COURT: All right. Well take a brief
16 recess then. You folks need to talk.
But when we come
17 back in about 10 minutes, then I need
to know what you're
l8 going to do, [Topasna].
19 [TOPASNA]: Thank you.
20 (A recess was taken.)
21 THE COURT: The record will note the
presence
22 of [Topasna], his counsel, the prosecutor,
in the
23 absence of the jury panel. The record
will note that it
24 is now 3:22.
25 BY THE COURT:
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED,
HRS 606.13, etc. 18
1 Q [Topasna], have you had an opportunity
to
2 talk to [defense counsel]?
3 A Yes, Your Honor.
4 Q Have you decided what you want to
do in this
5 case?
6 A Yeah.
7 Q What is that?
8 A Take the plea.
9 Q All right. Now, have you discussed
your plea
10 fully with [defense counsel]?
11 A Yes. But its still the same. Its
not
12 enough. Its still the same.
13 Q Are you satisfied with [defense counsel's]
advice?
14 A Yes, Your Honor. Im new to this.
So yes.
15 Q All right. Have you completely understood
16 what you and I have been talking about
this afternoon?
17 A About the charges?
18 Q Everything. Everything weve been
talking
19 about -- the charges, the plea agreement.
20 A Everything, yes.
21 Q All right. Do you have any questions
about
22 anything having to do with this case
-- the charge, the
23 defenses, your rights, the consequences
of your plea, the
24 maximum penalties, the maximum penalties
under the plea
25 agreement? Anything at all? Do you
have any questions?
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION
TO COPY DENIED, HRS 606.13, etc. 19
1 [DEFENSE COUNSEL]: He asked about an
appeal. But
2 I've informed him and youve informed
him that by
3 pleading guilty, hes giving that up.
4 BY THE COURT:
5 Q If you plead guilty, you are giving
up your
6 right to appeal any issue except if
I give you an illegal
7 sentence. All right? Do you understand
that?
8 A Yes.
9 Q All right. Do you have any questions
other
10 than that?
11 A No.
12 Q All right. And [Topasna], I'm going
to ask
13 that you sign the same form at the
bottom of page 2 to
14 acknowledge that I questioned you about
these matters,
15 you understand, and that youre entering
your pleas
16 voluntarily.
17 [DEFENSE COUNSEL]: Your Honor, for
the record,
18 [Topasna] has signed the acknowledgment
portion of the
19 change of plea form.
20 THE COURT: Thank you.
21 [DEFENSE COUNSEL]: Your Honor, I detect
some
22 hesitancy on his part. But I take it
that he's decided
23 to just accept the agreement.
24 BY THE COURT:
25 Q Well, [Topasna], you understand that
once
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED, HRS 606.13, etc. 20
1 you enter your pleas in this case, youre
not going to be
2 allowed to take them back and go to
trial? If you make
3 up your mind now, that's it. You decide
to take the plea
4 agreement and you enter your guilty
pleas today, it's
5 going to be very, very difficult for
you to withdraw your
6 pleas. All right?
7 A Well, I didnt have time enough to
think about
8 this, Your Honor. I just started asking
questions when I
9 got back --
10 Q Well, you want to go to trial? We
have the
11 jury outside. We can do that. You know
-- well, I don't
12 want to get into an argument with you,
but this case has
13 been pending for quite a while.
14 A Yes.
15 Q And you know, we started jury selection
and
16 then this came up. So thats just -
17 A I should have asked questions before
the jury
18 selection started.
19 Q Were not at a position where we have
much -
20 we're either going to continue with
the jury selection or
21 we're going to take your plea. That's
it. So you have
22 [defense counsel] saying that youre
hesitant. What does that
23 mean? Do you want -- do you want to
continue with the
24 jury selection in this case or do you
want to take the
25 plea agreement?
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED, HRS 606.13, etc. 21
1 A Your Honor, yes. He's right. I 'm
hesitant.
2 But like I said, I'm afraid for even
if -- even if I'm
3 found guilty or whatever, still -- to
appeal on that, try
4 to go back to trial again and still
spend some time in
5 jail. It's like, you know.
6 Q Well, I cannot tell you what to do,
7 [Topasna].
8 A Yes.
9 Q Do you understand your options here?
10 A Yes.
11 Q I've gone over those so that you
do understand
12 them. Is that correct? And you don't
have any other
13 questions?
14 A No, I don't.
15 Q So the only thing that we need to
resolve is
16 whether you want to go ahead with the
plea agreement. Is
17 that a yes or a no?
18 A Yes, Your Honor.
19 THE COURT: Okay. Now, the paragraph
6 of the
20 plea form says there is -- there is
evidence and factual
21 basis in the police reports to sustain
a conviction in
22 these cases. Is there a stipulation
to a factual basis
23 in the police reports, [defense counsel]?
24 [DEFENSE COUNSEL]: Your Honor, obviously,
if we
25 look at the grand jury transcript,
which [Topasnas]
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED, HRS 606.13, etc. 22
1 had a chance to review, as well as the
police report,
2 which he's had a chance to review on
more than one
3 occasion, there's certainly factual
basis in those
4 documents that would support the conviction.
5 THE COURT: [Prosecutor], do you want
to
6 state a factual basis?
7 [PROSECUTOR]: If this case were to proceed
8 and if we were to call witnesses, the
State would have
9 proved in Count I, that between September
1st, 1992, and
10 June 9th, 1995, while [the complaining
witness] was less than 14
11 years old, when she was in the 5th,
6th, or 7th grade,
12 her mother's live-in boyfriend, [Topasna]
13 did knowingly subject her to sexual penetration
14 by inserting his finger into her vagina
on more than one
15 occasion.
16 In Count II, during that same time
period,
17 [Topasna] inserted his penis into the
vagina of
18 [the complaining witness] when she
was less than 14 years old.
19 As to Counts III, IV, and V, on or
about the
20 1st day of September 1995, to and including
the 19th day
21 of March 1997, while [the complaining
witness] was in the 8th or
22 9th grade, [Topasna], in Count III,
placed his mouth
23 on her vagina without her consent;
in Count IV, inserted
24 his penis into [the complaining witness's]
vagina without her
25 consent; and in Count V, forced [the
complaining witness] to place
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED,
HRS 606.13, etc. 23
1 her hands on [Topasna's] penis without
her consent.
2 She was not married to [Topasna].
3 And as to Count VI, or on or about March
1st,
4 1997, to and including the 31st March
1997, when [the complaining
5 witness] was in the 9th grade, [Topasna]
placed
6 his hand on [the complaining witness]
-- I'm
7 sorry -- [the complaining witness's]
vagina by the use of force.
8 I don t know, Your Honor. Did I misspeak
in
9 the other counts? I meant to say [the
complaining witness]. I
10 dont know if I said [the complaining
witness].
11 All of these events occurred on this
island at
12 their apartment at Lauiki Street, in
the City and County
13 of Honolulu, State of Hawaii.
14 THE COURT: All right. [Topasna], to
the
15 charge of Sexual Assault in the Second
Degree in Count I,
16 what is your plea?
17 [TOPASNA]: Guilty.
18 THE COURT: To the charge of Sexual
Assault in
19 the Second Degree in Count II, what
is your plea?
20 [TOPASNA]: Guilty.
21 THE COURT: To the charge of Sexual
Assault in
22 the Second Degree in Count III, what
is your plea?
23 [TOPASNA]: Guilty.
24 THE COURT: To the charge of Sexual
Assault in
25 the Second Degree in Count IV, what is your plea?
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION TO COPY DENIED,
HRS 606.13, etc. 24
1 [TOPASNA]: Guilty.
2 THE COURT: To the charge of Sexual Assault
in
3 the Fourth Degree in Count IV, what
is your plea?
4 [TOPASNA]: Guilty.
5 THE COURT: And to the charge of Sexual
6 Assault in the Third Degree in Count
VI, what is your
7 plea?
8 [TOPASNA]: Guilty.
9 THE COURT: I find that [Topasna]
10 voluntarily enters his pleas with an
understanding of the
11 nature of the charges against him and
the consequences of
12 the pleas. I find a factual basis for
the pleas. His
13 pleas are accepted, and I find him
guilty of Sexual
14 Assault in the Second Degree in Counts
I through IV,
15 guilty of Sexual Assault in the Fourth
Degree in Count V,
16 and guilty of Sexual Assault in the
Third Degree in Count
17 VI.
18 Sentencing is set for Friday, May 21st,
1999,
19 at 8:30 a.m. in this courtroom.
[Topasna] is referred
20 to the Adult Probation Division for
pre-sentence
21 investigation and report.
22 [DEFENSE COUNSEL]: What time?
23 THE COURT: 8:30 a.m., [defense counsel].
24 Okay. [Topasna], we will see you on
May
25 21st.
JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii
PERMISSION
TO COPY DENIED, HRS 606.13, etc. 25
1 [TOPASNA]: Thank you.
2 THE COURT: Okay. We'll stand in recess.
3 (End of proceedings.)
4 -o0o-
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JAMIE S. MIYASATO
Official Court Reporter
State of Hawaii