Improperly Detained Prisoners Recieve $1.2 Million from Hawaii
Wednesday, February 16, 2005 at 10:57PM
TheSpook
In February 2001, a jury found Gregory
Tapaoan not guilty of kidnapping his ex-girlfriend and threatening her
with a gun. But instead of being released and allowed to join relatives
in the courtroom gallery, Tapaoan was handcuffed, shackled and taken
back to O'ahu Community Correctional Center. There, he was
strip-searched and jailed for two more days. The verdict "was like a
whole world being lifted off my chest. And then going back into
handcuffs and shackles, I couldn't understand." In those days,
defendants, even if they were acquitted, were returned to prison for
processing and released only after officials got the paperwork from the
courts. But after Tapaoan and other former prisoners represented by the
American Civil Liberties Union of Hawai'i filed a federal civil-rights
lawsuit, the state reviewed the procedures. Today, defendants acquitted
of all charges are released in the court. Yesterday, Tapaoan talked
about his ordeal as volunteer ACLU lawyers Mark Davis and Susan Dorsey
announced a tentative settlement with the state that provides $1.2
million to Tapaoan and as many as 500 others who were held from
December 1999 to December 2002 after they were due to be released. It
likely will take months before any money is paid from the $1.2 million
settlement for defendants improperly detained after their acquittals or
others held after they were supposed to be released, volunteer lawyers
for the American Civil Liberties Union said yesterday. The settlement
must still be approved by the federal court, but U.S. Magistrate Leslie
Kobayashi has granted preliminary approval. She will hear the case on
April 26. Davis said the settlement money will be distributed to
claimants based on $1,000 for each day they were improperly detained
and $3,000 if they were strip searched. [more]
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