UFC Hall of Famer and former two-division champion BJ Penn told a judge today he’s unable to complete an application requesting a public defender, saying he can’t fill out the financial information portion because his mother controls his bank accounts.
“I can’t get access to my accounts. So, when I asked Lorraine Shin … ,” said Penn, whose mouth and nose were covered with a surgical mask.
At that point, Hilo Family Court Judge Darien Ching Nagata interrupted Penn, saying, “Hold on, sir … anything you say can be used against you.”
The 46-year-old Penn, whose legal name is Jay Dee Penn, is charged with violating a temporary restraining order obtained by Shin, his mother, for allegedly entering her Puueo Street house on Thursday. Penn has been ordered to stay at least 100 yards away from the home as part of Shin’s TRO, which expires Nov. 23.
Shin is on the mainland attending a family function.
When Nagata, who had read Penn his Miranda rights, replied that Penn could also hire his own private attorney, Penn responded, “This actually deals with both of those,” referring to either the possibility of a public defender or hiring private legal counsel.
“I can’t get into the accounts. I don’t know why,” said Penn, whose name is on UFC-branded gyms in Hilo, Honolulu and Waikele, Oahu. “Every time I ask … to get information about any one of the accounts, she’s going to kick me out of the house and get me arrested.”
The judge referred Penn to the Public Defender’s Office and told him he can talk to them about his situation. She then ordered Penn to return on the misdemeanor charge at 1:30 p.m. Wednesday.
Hilo Family Court Judge Jeffrey Ng on Tuesday modified Shin’s TRO after she told the court she’s willing to have text and phone contact with Penn and is willing to engage in mediation.
Shin, a 79-year-old businesswoman, read a statement in court Tuesday, telling the judge she has “an amazing son,” noting he overcame many challenges in his life to become UFC champion in the welterweight and lightweight divisions.
Shin stated she believes Penn has Capgras syndrome, in which the sufferer thinks one or more people close to them are identical or nearly identical imposters. Penn has posted on social media he believes an imposter is posing as his mother.
“I want to do whatever is necessary to help my son,” Shin told Ng. She said if he were to get help, she would “welcome him back into my home.”
“I love my son,” she said.
Penn requested permission during Tuesday’s TRO hearing to stay in the home while Shin is away. He said he’s staying in hotels, and it’s expensive. He promised to not take or damage any property, but Shin denied his request.
The flurry of court hearings began after the retired mixed martial artist was arrested twice over the Memorial Day weekend.
The first time was for domestic abuse when Penn allegedly shoved Shin against a car when she confronted him about mail allegedly taken from her mailbox. The second arrest was after he purportedly returned to the house after being ordered to stay away for 48 hours subsequent to being booked for the abuse charge.
Penn is free on $6,000 aggregate bail for the three criminal charges, including $3,000 bail for the TRO violation.
He’s been ordered to return to court 8:30 a.m. Wednesday for the abuse and refusal to comply charges, and 1:30 p.m. for the TRO violation. He has not entered pleas for any of the charges.
In addition, Penn and Shin have been ordered to return at 1:15 p.m. June 24 to continue the TRO hearing.
Email John Burnett at jburnett@hawaiitribune-herald.com.
