By JOHN BURNETT
Tribune-Herald staff writer
If Peter Kalani Bailey stands trial a second time on charges he sexually assaulted a 12-year-old girl in a Papaikou church in 2007, he’ll be represented by a court-appointed lawyer.
Hilo Circuit Judge Glenn Hara on Tuesday granted Deputy Public Defender Melody Parker’s motion to withdraw as Bailey’s attorney. Parker represented the 54-year-old Bailey in his first trial, which ended in a conviction and a 20-year sentence on four counts of attempted first-degree sexual assault.
Parker argued that she had a conflict in the case since her husband, Paul Bello, is the head girls’ soccer coach at Hilo High School and the victim is now a Hilo High student and a team member.
Deputy Prosecutor Rick Damerville opposed Parker’s request, calling it “an added expenditure for the state.”
“It’s a bit of a stretch to say ‘I personally don’t have any contact with the complaining witness, but my husband does in the school setting’ and that is somehow a conflict,” he said.
Parker explained that she participates in fundraising events and social gatherings with her husband’s team in which team members, including the victim, are present.
“There has been contact at social events, at potluck gatherings in a general … ,” she said.
Bailey told the judge he wished Parker would reconsider her request to withdraw as his legal counsel.
“She knows my case inside and out,” he said. “… I feel a little less confident going to trial without her.”
While granting Parker’s request, Hara told Bailey that if he ordered Parker to remain as Bailey’s attorney, he could be handing Bailey grounds for appeal if there is a second conviction on the charges.
“Mr. Bailey, I think the situation Ms. Parker is trying to avoid … is if the victim comes and testifies and Ms. Parker comes and cross-examines her, that you will criticize her (and) possibly claim incompetence of counsel in terms of how vigorously she might be cross-examining the victim,” the judge noted.
The alleged crime took place on the night of July 22, 2007, at the Hamakua Coast Assembly of God Church. Bailey was the church’s choir director; the girl was a choir member.
Bailey had been sentenced to life imprisonment for the 1979 murder of 17-year-old Carol Olandy on Oahu, but had been released on parole on Jan. 21, 2003. His parole was revoked after he was charged with the sexual assault, and he remains in custody at Halawa Correctional Facility on Oahu.
Bailey’s 2009 conviction and sentence for the alleged sexual assault was overturned in March by the state Supreme Court. The high court ruled that Bailey should have been granted a mistrial after a juror told others during deliberations about Bailey’s prior murder conviction.
Bailey is set to return to court June 5 at 8:30 a.m. It is likely the state’s request for a new trial will be heard then.
The victim’s family also filed a civil suit against Bailey and the church in 2009. Among the claims are that the girl “has suffered serious and grievous personal injuries, and mental and emotional distress,” and that the mother and brother of the girl have suffered “substantial and/or permanent emotional distress.” The suit also specifies the church “knew or should have known of … Bailey’s violent history.”
Claims against the church were dismissed in March. The remainder of the suit was settled out-of-court last month. Terms of the settlement are confidential, the family’s Honolulu attorney, Larry Remillard, said Tuesday.
Email John Burnett at
jburnett@hawaiitribune-herald.com.
