HONOLULU (KHON2) — A bill that would make torture a Class A felony offense has strong support from city prosecutors and law enforcement. But critics warn it could lead to prosecutorial overreach.
Two recent child death cases have put the spotlight on horrific acts of extreme, prolonged suffering, leading many to argue that Senate Bill 281 is needed. Honolulu Police echoed the support for the bill after last week’s arrest of Sina Pili for the death of her adopted daughter.
“Passing Senate Bill 281 will equip law enforcement with necessary tools to intervene effectively and hold offenders fully accountable. Right now, without this law, we are failing children like Azaeliyah,” said Honolulu Police Lt. Deena Thoemmes.
Senate Bill 281 defines torture as the act of causing serious bodily injury to another person within the actor’s custody or physical control, suspending the minor or vulnerable person by the wrists, ankles, arms, legs, hair or other parts of the body, and forcing the victim to remain in an area unsuitable for human habitation, such as an area where urine or feces are actively present.
Prosecutors are also looking to amend the bill to include starvation, saying it would give them a stronger legal tool to ensure justice in cases of prolonged abuse.
“There are some sick people out there who starve their kids or foster kids and we want to have every tool available to prosecute them,” said Steve Alm, Honolulu prosecuting attorney.
Those who support the bill say it would enable law enforcement to act sooner rather than later.
“When they find kids in this situation they don’t have to find a bruise, but if they see they’ve lost a tremendous amount of weight they’ll know, if this bill gets amended as we’re hoping, it will give them a reason and probable cause to be able to make arrests, to get the kid out of that situation,” Alm said.
But the Office of the Public Defender opposes the bill, arguing that existing laws already allow prosecutors to charge extreme abuse adequately. In testimony, they warn the bill’s language is too broad and could lead to confusion and possible wrongful convictions.
However, prosecutors say the length of time it takes to bring these types of cases to trial, including Isabella Kalua, Geanna Bradley and Peter Boy Kema, which can sometimes take up to a year, demonstrate the care they would take to ensure the investigation is thorough.
“We want to make sure we’re charging the right person and we have all the evidence we need to successfully prosecute these cases,” said Tiffany Kaeo, deputy prosecuting attorney and Family Division chief.
Senate Bill 281 is scheduled for a hearing on the morning of Feb. 11 before the House Committee on Human Services and Homelessness.