KEALAKEKUA — Defense counsel for a former Hawaii Police Department officer accused of fatally striking a bicyclist in 2015 was granted a continuance in his motion to recuse county prosecutors from the case.
Jody Buddemeyer’s case has been continued five times since 2016. He is scheduled for a jury trial on May 22 on a charge of first-degree negligent homicide.
Brian De Lima, representing Buddemeyer, is seeking to disqualify the Hawaii County Office of the Prosecuting Attorney, citing reasons of impropriety and conflict of interest.
On Tuesday, De Lima argued grounds for recusal from his motion that he filed last month. The first reason he argued was Hawaii County Prosecutor Mitch Roth’s rejection of an earlier plea offer. The defendant was willing to plead to first-degree negligent injury.
“The defendant’s offer wasn’t in the interest of justice,” said deputy prosecuting attorney Annaliese H. Wolf. “It’s always within the prosecutor’s purview to reject an offer.”
De Lima also cited to the court the conflict of a pending civil lawsuit with the decedent’s estate against Hawaii County and Buddemeyer.
“The finding of guilt on Mr. Buddemeyer is favorable to the county,” he said. “It benefits the county as it reduces their liability.”
De Lima also claims the deputy prosecuting attorney on the case, Kauanoe Jackson, is a conflict of interest because her husband, Hawaii Police Sgt. Erich Jackson, stationed in South Kohala, is a supervisor for officers listed to testify during the jury trial.
Jackson has been prosecuting the Buddemeyer case since 2016.
On Tuesday, De Lima presented new information in 3rd Circuit Court and called two witnesses. His questions aimed to illustrate the partial relationship between the prosecutor’s office and police department that would prevent his client from getting a fair trial. Wolf called the line of questioning “a fishing expedition.”
Capt. Randall Ishii, district commander in South Kohala, was first called to the stand. De Lima asked about one of his officers who had requested to attend Buddemeyer’s trial in support of the former officer.
Wolf objected to De Lima’s line of questioning saying it was beyond the scope of the motion filed.
At the judge’s request, defense counsel explained the relevance, saying soon after Officer May Lee made the request to attend Buddemeyer’s trial, she was subpoenaed by the prosecutor’s office. De Lima told the court that Lee was never involved in the initial response or investigation into Buddemeyer’s case.
De Lima said the subpoena was only withdrawn after Lee called to complain about it.
Judge Melvin Fujino allowed De Lima to question Ishii on the new information. The captain said he had no recollection of Lee’s request.
De Lima called Kauanoe Jackson to the stand, to which Wolf again objected, saying it was beyond the scope of the defense counsel’s filed motion.
Fujino allowed it.
Jackson confirmed she had released Lee from the subpoena. De Lima also asked the prosecutor about her discussions with her husband about Lee.
Jackson said she had no recollection of any discussion regarding Lee occurring with her husband.
Wolf objected to De Lima’s line of questioning citing marital privilege.
“This is a fishing expedition,” Wolf said.
De Lima also asked Jackson about discussions she may have had with her husband about the witness list in the case.
“I wish to not disclose that,” she said. “I have a privilege between my husband and myself.”
De Lima requested the hearing be continued so Lee, who was not present Tuesday, could testify about past events.
Fujino decided to continue the hearing to Monday.
Buddemeyer pleaded not guilty in October 2016 to charges of first-degree negligent homicide, tampering with physical evidence and making a false report to law enforcement in connection with the fatal 2015 crash that killed Jeffrey Surnow, a 69-year-old visitor from Michigan.
Police say Buddemeyer was on-duty and operating a subsidized patrol car eastbound when his vehicle struck and killed Surnow as he rode his bicycle east up Waikoloa Road. The collision, which Buddemeyer reported at 6:25 a.m., occurred near mile marker 11.
A police misconduct report, which does not include names, said an officer was terminated in 2015 for tampering with the scene after being involved in a traffic fatality. Buddemeyer is no longer on the department’s sworn personnel list.
First responders with the Hawaii Fire Department initially reported the incident as a hit-and-run after Surnow was found lying face down near a “severely damaged” bicycle on the road’s shoulder. They noted he had died prior to their arrival.
