A Hilo Circuit Court judge on Tuesday disqualified himself from hearing a felony theft case and indicated said there may be no judges in East Hawaii who will preside over the case.
The reason is the victims are Hilo District Judge Barbara Takase and her husband, Gerald Takase, the county’s director of liquor control.
Eric Yukio Hernandez, 25, and 23-year-old Emma Theresa Romero were to be arraigned on Tuesday, but Judge Glenn Hara ordered both to return at 8 a.m. on Dec. 10 for further proceedings on arraignment and plea.
“Just for the record, what’s happening here is I have certificates of disqualification for myself, (Hilo Family) Judge (Henry) Nakamoto, (Hilo Family) Judge (Lloyd) Van De Car and (Hilo District) Judge (Harry) Freitas,” Hara said during Romero’s appearance.
“This may go to (Hilo Circuit) Judge (Greg) Nakamura. I’m not confident he will proceed with the case. He’ll most likely file disqualification himself. That’s why I’m anticipating, most likely, an off-island judge, or maybe from Kona, not sure.”
Hernandez and Romero were charged by information complaints filed by prosecutors Friday with second-degree theft, a Class C felony punishable by up to five years imprisonment upon conviction. According to the complaints, the thefts took place either Oct. 6 or 7.
A police spokeswoman said $3,675 worth of jewelry was taken from the Takases’ Waiakea Uka home. She said entry to the home was gained through an unlocked door.
The spokeswoman said she had no information on whether any or all of the jewelry had been recovered or if the suspects and the victims are acquainted.
Hernandez and Romero are both free on supervised release, and Deputy Prosecutor Shannon Kagawa requested drug testing for Romero as one of her terms of release.
“In the bail study report, the defendant made statements of recently using opiates, not finishing treatment in Lokahi (Treatment Center) and (Big Island Substance Abuse Council),” Kagawa said. “Her statement was that she needed treatment now.”
Ivan Van Leer, Romero’s court-appointed attorney, argued his client reported using opiates on Oct. 12 and “the events here apparently were days before.”
The judge replied that Romero’s “recent use will impact on her ability to appear (for court hearings), and that’s what we’re concerned about.”
Hara ordered Romero and Hernandez not to use alcohol or illicit drugs, to submit to random drug and alcohol testing and to obtain substance abuse assessment and follow any recommendations for treatment.
In addition, both were ordered not to contact the Takases and to stay away from the street where they live.
Email John Burnett at jburnett@hawaiitribune-herald.com.
