Erroneous releases from HCCC continue

KAILUA-KONA — Two more erroneous releases from Hawaii Community Correctional Center have occurred since jail staff mistakenly released a man on trial for murder in July.

After the incident, the Department of Public Safety and state Judiciary committed to working together to see how they could improve the process of transporting defendants to and from the courts. However, no new changes to policy at HCCC have been announced and now DPS is investigating two more erroneous releases since Brian Lee Smith’s release on July 23.

However, since Smith was mistakenly freed, DPS has delegated the responsibility of releasing inmates from the Hilo jail to just two people — the warden and the chief of security Deputy Attorney General Laura Maeshiro, representing the department, told 3rd Circuit Court Judge Melvin Fujino during an August hearing in which the jail’s warden, Peter Cabreros, was to explain the mishap.

While DPS Public Information Officer Toni Schwartz didn’t speak to this new policy specifically, she said the department acknowledged that procedural improvement is needed for the current system in the 3rd Circuit Court.

“The Department of Public Safety is committed to working collaboratively with our Judicial partner on ways to make procedural improvements to the current system,” Schwartz said.

Smith, 49, faces numerous charges including second-degree murder after the shooting death of Thomas Ballesteros Jr. on Painted Church Road in Honaunau in June. He turned himself in a few days after his erroneous release.

The most recent mistaken release occurred on Oct. 22 when inmate Phil James was released for time served.

“It was later determined that he was scheduled to appear at Drug Court in Kona for a separate pending case,” Schwartz said.

James met with his probation officer on Oct. 26 and turned himself in to sheriff’s deputies without incident.

“The Department of Public Safety is conducting an investigation into the circumstances surrounding the erroneous release,” Schwartz added.

Haley Mepham was mistakenly released on July 30, days after Smith turned himself back into authorities and DPS committed to completing a thorough investigation into 49-year-old’s release.

Mepham was released from HCCC’s Hale Nani women’s facility, because of what DPS called “misinterpretation of court documents.” While details are sketchy, Mepham appeared in court that day to face a misdemeanor marijuana charge and was sentenced to 12 days in jail, time already served.

As of this week, DPS could not detail what issues they found that led to Smith’s release in July and how they were going to address it. Currently, Schwartz said the policy at HCCC is inmates are released upon court order release

“We promised to sit with our Judiciary partners to discuss ways to tighten up the process in the 3rd Circuit Court and we have held true to our promise,” Schwartz said.

Schwartz added those discussions are ongoing. Because of that, she added, there was nothing more she could say about those talks, as the process is being reviewed and plans to improve are being worked out with DPS’ Judicial partners.

Schwartz also was unable to comment on whether any disciplinary action had taken place against any employees at HCCC.

Judiciary officials also confirmed they have met several times with DPS to discuss improvements to the process of transporting inmates to and from the Big Island courts.

“We continue to work together on re-evaluating forms and procedures, and make adjustments to current practices. We are committed to enhancing the safety of the public, and ensuring these incidents don’t happen again,” according to a statement from the Judiciary.

Hawaii County Prosecutor Mitch Roth has also been involved in these discussions. He said it’s frustrating when the inmates are erroneously released and it’s frustrating for the community.

“There’s many people looking at this problem and being supportive of finding solutions,” Roth said.

It is unknown at this time how long the investigation into the erroneous release of Smith will take.