Burglary led to letter, mailing

The Maui News
Saturday, October 23, 2004

By CLAUDINE SAN NICOLAS, Staff Writer

KULA - "It happened to my family and it could happen to yours," says 52-year-old Glenda Bacon of Kula as an opening statement in a letter sent as a campaign mail-out in the 6th Senate District.

Bacon wrote her letter and authorized its use by the campaign of Republican Robb Finberg, who's seeking to unseat Sen. J. Kalani English, a former Maui County Council member and a state legislator since 2000.

In a telephone interview, Bacon recounted a burglary that occurred in November at her and her partner's home in Kula while they were on an off-island trip.

Bacon said she lost $16,000 worth of personal belongings including jewelry, a TV, a stereo, clothing, gardening equipment and her pickup truck. Her credit cards and bank information were also taken, forcing her to establish new financial accounts. The caretaker of her home discovered the break-in after it had occurred, according to Bacon.

When she returned home to Kula, Bacon said, she found broken picture frames, overturned mattresses and plants that had been dumped out of their pots.

"It was very upsetting, and it was very disruptive," she said.

Bacon said she felt violated and could not sleep in the home on the first night she returned. She said the culprit in the burglary was arrested six months later and "word on the street" was that he had a drug problem and was found with drug paraphernalia at the time of his arrest.

Bacon would not identify the accused perpetrator in her burglary, but she said she understands that if convicted, he would qualify for sentencing under the newly enacted Act 44.

As House Bill 2003, the legislation was vetoed by Gov. Linda Lingle and passed on an override by the Democratic majority in the Legislature. It grants judges the discretion to order probation and drug treatment for repeat nonviolent offenders who are drug users.

"I'm very against this bill," Bacon said. "This is an example of where this could go."

She said probation and treatment would be "like wrist slapping. It's not acceptable."

Bacon said she and her partner have since installed a $4,000 security system to her home and she's purchased a watchdog.

Bacon said she was not asked by Finberg, the Republican Party or Lingle to lash out at English for his vote on House Bill 2003. In her letter, Bacon writes: "I'm so glad Robb Finberg decided to run against Kalani. It gives voters a clear choice. Robb believes that if a crime is committed that there must be a penalty."

Bacon endorses Finberg while accusing English of treating offenders better than crime victims.

Finberg, the pastor of Grace Church in Pukalani, said he did not edit Bacon's letter and published it just as she had written it.

English has called the mail-out a scare tactic that is based on inaccurate information.

"It appears that this church pastor has succumbed to the temptation of negative campaigning," English said.

Deputy Public Defender Susan Arnett, a felony trial supervisor on Oahu, said she empathizes with victims like Bacon. She has suffered a break-in of her own home.

But Arnett said she disagrees with Bacon's contention that all criminals should be penalized with jail terms and not be considered for probation and drug treatment.

"Lock them up and throw away the keys is not the solution," Arnett said.

If Bacon believes nonviolent drug users should all be placed in jail, Arnett said, "She needs to be ready to pay more money for jails . . . and forget putting in money for social services and clean environment."

Maui County Prosecuting Attorney Davelynn Tengan also empathized with Bacon and said that prosecutors make a point of consulting with victims of crimes before the perpetrators are sentenced. She said a victim's viewpoint is considered but does not govern a prosecutor's recommendation for sentencing.

Victims also may give statements to a sentencing judge.

Tengan said depending on the case, prosecutors have determined that the most appropriate sentence for a nonviolent drug user is to steer him or her toward probation and treatment. "Everything is case by case," Tengan said.

Bacon worries that the new law allows criminals to claim that their crimes were drug-induced and to argue for probation and treatment while avoiding jail.

"There's no deterrent here," Bacon said. "There should be some jail time. If you get caught committing a crime, you should pay."

The new law provides the option of probation and drug treatment in place of a prison term for a repeat offender involved in drugs. But judges also still have discretion to sentence an individual to up to a year in jail as a condition of probation.

Bacon said she's not opposed to rehabilitation for drug users but believes criminals should be held accountable and be punished.

Copyright © 2003 — The Maui News

Return to Sen. English Home Page - KalaniEnglish.com

 

 

 

 

 

 

Home Bills and Resolutions About Senator English Committees Community Profiles Newsletter Archive News Archive Capitol Web Site Media Photos

Connect with Senator English

OUR DISTRICT