HILO — A special master will determine if the estate of Peter Kema Jr., aka “Peter Boy,” has a claim for the years of abuse the child suffered before he disappeared and was presumed murdered at age 6 in 1997.
Hilo Family Court Judge Henry Nakamoto on Wednesday appointed Stephen W. Lane as a special master, without compensation, to ascertain whether there are grounds for a wrongful death civil lawsuit to be filed on behalf of Peter Boy’s estate and to retain counsel to represent the estate.
“My charge from the court is to examine the circumstances of Peter Kema’s (Jr.) life and disappearance by gaining access to the records the state and others might have and then reach a conclusion as to whether or not I think there are any … claims that arise from that review of those documents,” Lane said Thursday. “I’ll file a report with the family court with respect to that and probably make recommendations.”
Lane is a private investigator, former foster parent and court-appointed guardian who does paralegal work in child advocacy. He said the legal protocol allowing a special master to determine tort liability for children who are or were in foster care or wards of the state was established last year by Honolulu Circuit Judge R. Mark Browning.
“Bear in mind, wards of the state and foster children were really disenfranchised. They were frozen out,” Lane explained. “They had no access to attorneys because of their minority status and because of their ward status with the state. So this, I thought, was a sea change that Judge Browning brought about by making it possible for foster kids or wards of the state to get access to an attorney if they get hurt, like everyone else has.”
The order appointing Lane as special master is valid as long as there are civil or criminal proceedings, including appeals, regarding Peter Boy.
“I’ve been thinking about this case for a long time,” Lane said. “And it wasn’t until the Big Island’s Prosecuting Attorney’s Office was able to indict somebody and charge somebody with (Peter Boy’s) presumptive death, that it occurred to me that anything else could possibly be done.”
Nakamoto’s order requires the state Department of Human Services and Child Welfare Services, formerly Child Protective Services, “to produce all records and files unredacted related to Peter Kema Jr.” and his siblings. Lane also is empowered to subpoena documents and records from individuals and agencies related to the investigation.
All documents obtained for Lane’s investigation are to remain confidential.
Peter Boy and his siblings, Chauntelle Acol, Allan Acol and Lina Acol, all were taken by CPS from Jaylin Kema, the children’s mother, and Peter Kema Sr., Peter Boy’s and Lina’s biological father, after repeated evidence of abuse cropped up. All the children eventually were returned more than once to the Kemas, despite warnings they were unfit parents. Peter Boy went missing in 1997, although he was not reported missing until the following year.
Kema Sr. told police he took the boy to Honolulu and left him with an “Aunty Rose Makuakane.” Authorities didn’t believe him and couldn’t find airline records to corroborate his account.
The boy’s body still hasn’t been found.
Email John Burnett at jburnett@hawaiitribune-herald.