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OFFICE OF THE PROSECUTING ATTORNEY - County of Kauai

OFFICE OF THE PROSECUTING ATTORNEY - County of Kauai

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Craig A. De Costa<br />

Prosecuting Attorney<br />

<strong><strong>OF</strong>FICE</strong> <strong>OF</strong> <strong>THE</strong> <strong>PROSECUTING</strong> <strong>ATTORNEY</strong><br />

COUNTY <strong>OF</strong> KAUAI, STATE <strong>OF</strong> HAWAII<br />

3990 KAANA STREET, SUITE 210<br />

LIHUE, HAWAII 96766<br />

TELEPHONE (808) 241-1888<br />

FAX (808) 241-1758<br />

EMAIL prosecutor@kauai.gov<br />

Christopher R.<br />

Bridges<br />

First Deputy<br />

April 3, 2008<br />

To:<br />

From:<br />

Re:<br />

Media Outlets<br />

Craig A. De Costa<br />

ALBERT BACTAD’S CONVICTION AND SENTENCE AFFIRMED BY<br />

APPELLATE COURT<br />

PRESS RELEASE<br />

On Monday, the Hawai‘i Intermediate Court <strong>of</strong> Appeals affirmed a misdemeanor assault<br />

conviction and sentence for Albert Bactad, 31, <strong>of</strong> Hanamaulu.<br />

Bactad was sentenced last year by Judge Kathleen N.A. Watanabe to one year<br />

imprisonment, to pay restitution to the victim, and to pay a crime victim compensation fee.<br />

Previously, a jury <strong>of</strong> 12 <strong>Kauai</strong> residents found Bactad guilty <strong>of</strong> assault in the third degree,<br />

for repeatedly punching the victim in the face at a “chicken fight” in Anahola.<br />

Erick Moon, Deputy Public Defender, represented Bactad during his trial; Lawrence<br />

Strauss, former Deputy Prosecuting Attorney, represented the State <strong>of</strong> Hawai‘i.<br />

Bactad, represented on appeal by Hayley Cheng <strong>of</strong> the Honolulu Public Defender’s<br />

<strong>of</strong>fice, argued that Judge Watanabe improperly released the jurors for lunch just prior to the start<br />

<strong>of</strong> their deliberations during his trial. Tracy Murakami, Deputy Prosecuting Attorney, who


epresented the State <strong>of</strong> Hawai‘i on appeal, argued that Judge Watanabe properly released the<br />

jurors for lunch. The appellate court rejected Bactad’s argument, concluding that the jury was<br />

properly released for lunch prior to starting deliberations.<br />

Bactad will begin serving his term <strong>of</strong> imprisonment when the appellate court’s decision<br />

becomes final – in about 3 months.<br />

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