It’s likely the sentencing of Peter Kema Sr. for the 1997 death of his 6-year-old son, Peter Kema Jr., won’t happen today as scheduled because authorities continue to look for the boy’s remains and because Kema hasn’t yet been given
It’s likely the sentencing of Peter Kema Sr. for the 1997 death of his 6-year-old son, Peter Kema Jr., won’t happen today as scheduled because authorities continue to look for the boy’s remains and because Kema hasn’t yet been given a polygraph test to determine if he told the truth about where he left the boy’s body.
It’s likely the sentencing of Peter Kema Sr. for the 1997 death of his 6-year-old son, Peter Kema Jr., won’t happen today as scheduled because authorities continue to look for the boy’s remains and because Kema hasn’t yet been given a polygraph test to determine if he told the truth about where he left the boy’s body.
“They haven’t given up looking, and they continue to look. That’s one of the reasons that it’s likely to be continued (today),” Deputy Prosecutor Rick Damerville said Thursday. “And I say likely, because the defense is going to ask that it be continued. But that’s up to the judge. … So I’m pretty certain … but not absolutely certain, it’s going to be continued. But I don’t imagine that it will be continued for too long.”
Kema pleaded guilty April 5 to manslaughter and first-degree hindering prosecution for the death of his son, also known as “Peter Boy.” As part of Kema’s deal with prosecutors, he led them and police to a location on the Puna shoreline where he said he left the child, whom prosecutors say died as a result of sepsis in a festering arm wound as a result of chronic abuse by his father, and because neither Kema nor his wife, Jaylin Kema, obtained medical treatment for the boy’s injuries. But if no remains are found, Kema agreed to take a polygraph test to determine his truthfulness.
If remains are found or the polygraph indicates he is truthful, Kema will serve a maximum 20-year prison term, with a minimum of six years and eight months before he is eligible for parole. If he’s deemed uncooperative, he faces an additional five years in prison when he is sentenced.
Damerville said he won’t object to a request by Stanton Oshiro, Kema’s court-appointed attorney, for Kema’s sentencing to be delayed.
“Part of that is because we wanted to see what the search results are, and part of it is because Mr. Oshiro’s a popular defense attorney these days. And we’ll have to work around his schedule to get the polygraph done because he has the right to be there if he wants to be there,” he said. “… My recent discussions with the Police Department is that they’re far enough along (in the search for remains) that they’re comfortable with sitting (Kema) down for a polygraph. So we may not wait for the completion of the search, because police are bound and determined that they’re going to do everything humanly possible to find the remains. And I admire their determination, but at the same time, they’re willing to sit him down early for a polygraph.”
The location Kema led law enforcement to presents certain difficulties to the recovery efforts, with assistance required from divers and others with specialized expertise in marine recovery.
“The last I heard is that different agencies were waiting on funding (to decide) whether they’re going to participate or not,” Damerville said. “They’ve gotten a lot of offers of help from (nonprofit) groups and other law enforcement agencies.”
Damerville said any offers of or requests for military assistance could encounter scrutiny under the federal Posse Comitatus Act, which prohibits American military personnel from acting as law enforcement agents on U.S. soil.
“I don’t think that’s that big an issue because the investigation is basically over,” Damerville said. “Now it’s just basically trying to recover remains.”
Jaylin Kema pleaded guilty Dec. 1 to manslaughter for her role in her son’s death. Her sentencing, originally set for May 30, is scheduled for Tuesday before acting Hilo Circuit Judge Henry Nakamoto.
Damerville said the delay in her case is because the pre-sentencing investigation report “was kind of an overwhelming thing for the probation department to do.”
“They’ve completed it, and her sentencing is going on as scheduled as far as I know. … Her sentencing is not predicated on anything that may happen as a result of the recovery of the remains, except she agreed to be responsible for any reasonable funeral costs in the event that the remains are found,” he said.
Jaylin Kema’s plea deal called for 10 years probation, including a year in jail, which has been served. She was released from custody April 27. Damerville said, however, that Hilo Circuit Judge Glenn Hara, who retired at the end of 2016, didn’t commit whomever passes sentence to the plea deal.
“We’re going to recommend the plea agreement, and the judge is going to read the (pre-sentencing report) like all judges do, and they’ll make their own decision. … I’m fairly confident that the judge will go along with the plea agreement in her case, but I’m not absolutely certain,” he said. “They still have the option of saying, ‘OK, I’m going to follow the plea agreement’ or ‘I’m not going to follow the plea agreement.’ Then she would have the option of going forward (with sentencing) anyway or she would have the option of withdrawing her plea. So not everything is set in stone, like some people think.”
Email John Burnett at jburnett@hawaiitribune-herald.com.
