The mother of an alleged sexual assault victim described the man charged in the case as “a predator” who “has been taken off the street because of the courageous actions of four young women.”
Fifty-seven-year-old Michael Martin Zelko, a prominent organic farmer who now lives in Lahaina, Maui, pleaded not guilty Monday to 13 felony sex assault charges stemming from the alleged abuse of the woman’s daughter and three other women who were all minors 14 or younger when the offenses allegedly occurred.
When Zelko was escorted into the courtroom by a sheriff’s deputy prior to his arraignment, the woman greeted him with, “Mike, good to see you here. Good to see you right here.”
Zelko, who appeared in custody, answered questions by Hilo Circuit Judge Greg Nakamura briefly and in a soft voice. His attorney, Justin Haspe, requested a reduction in Zelko’s $1 million bail.
“Mr. Zelko has, really, no record — no failure to appear, no contempt (of court), no bail jumping, or anything like that,” Haspe said. “… He’s been aware of (the criminal investigation) since 2009, has written a letter indicating he’s aware of it. He hasn’t fled the jurisdiction. He’s been in Maui this entire time. … At this time, we would ask the court to set bail in the normal amounts of $10,000 per count. We believe that $76,900 (per charge) is excessive, essentially. A million (dollars) in the aggregate would be akin to no bail.”
Deputy Prosecutor Kimberly Angay asked the judge to maintain Zelko’s bail.
“In this case, the defendant’s being charged with 13 Class A felonies involving four victims in a time span of over a decade,” Angay said. “While it may be true the defendant may be aware of this ongoing investigation, we also believe that he also thought that the statute of limitations was over. These offenses occurred in Hilo. He moved to Kona and then to Maui.
“We also believe the defendant has access to some money through his family. In particular, his wife owns four properties in Kona, and his daughter lives in Indonesia. So we are afraid he may pose an international flight risk. We think the bail amount is appropriate given the seriousness of this offense and to ensure he shows up for future court hearings.”
Nakamura maintained Zelko’s bail and ordered Zelko to appear for trial at 9 a.m. on Jan. 17, 2017.
After the hearing, the woman, whom the Tribune-Herald is not identifying to protect the identity of her daughter, praised the four young women for coming forward.
“They were willing to put their lives … on hold so they could see justice done,” the mother said. “It’s been devastating to our family for years.”
The abuse allegedly occurred between 1996-2007 but a change in the law in 2014 that eliminated the statute of limitations on Class A and B felony sexual assaults allowed prosecutors to charge Zelko.
Email John Burnett at jburnett@hawaiitribune-herald.com.