By David Shapiro

Saturday, October 18, 1997


System worked in
drunken driving case

THE James Steinseifer drunken driving case showed how all parties to a criminal proceeding can act honorably to produce a result that actually approaches justice.

This case started last year with the Legislature, which increased the penalty for manslaughter from 10 to 20 years -- giving prosecutors more ammunition to battle drunken drivers who kill.

Prosecutor Peter Carlisle quickly applied the new law to Steinseifer, who killed two sisters and their niece in a head-on collision on Farrington Highway. His alcohol level was four times the legal limit when he sped across the center line and smashed into the car carrying Nicole Nuuanu-Dudoit, 22, Carina Nuuanu, 24, and their 1-year-old niece, Laakea Nuuanu.

Carlisle asked for an extended term of life imprisonment to drill home the greater consequences now facing drunken drivers.

Steinseifer, tormented by remorse, found it within himself to act with honor. Knowing it could mean spending the rest of his life in prison, the 33-year-old ad salesman gave up his right to try to beat the rap with legal maneuvers and pleaded guilty to manslaughter.

He said he didn't want to cause the Nuuanu family the pain of a trial. "It's the right thing to do," he told Circuit Judge James Aiona Jr. "I caused the deaths of three girls Jan. 7. I'm responsible."

It was satisfying to hear somebody take responsibility for his actions -- especially when high-profile defendants such as state Sen. James Aki and hula master Chinky Mahoe have started a slippery trend of pleading no contest -- effectively the same as a guilty plea -- and then continuing to claim innocence. Aki was convicted of promoting gambling and Mahoe of sexually assaulting young male dancers.

The Nuuanu family said they appreciated that Steinseifer spared them a trial. They found the charity in their hearts to express a measure of forgiveness and ask the judge to limit his sentence to 20 years instead of the life term Carlisle wanted. Aiona went along with the 20 years, with a recommendation to the parole board that Steinseifer serve the full term.

In the end, the family got a sense of justice and closure, Carlisle got the stiffest sentence ever in a drunken driving case to enforce his tough stance and Steinseifer found that acting honorably can free your soul, if not your body.

Score one for the system.

Unfortunately, the system doesn't always work this well. There's another case moving through the courts involving a hit-and-run near Wheeler Army Air Field.

A loving family man was out for a Sunday bicycle ride when he was run down from behind and killed by an out-of-control driver. Unlike Steinseifer, who stopped to try to help his victims, this driver sped away from the scene and never returned. He dumped his car down a Helemano ravine to hide his involvement in the crime.

THE suspect has a history of substance abuse, but by the time police caught up with him it was too late to test if he was under the influence at the time of the hit-and-run.

He faces no manslaughter charge with its possible sentence of 20 years to life. The best prosecutors could charge him with was failure to render aid and third-degree negligent homicide, which carry maximum terms of 10 years and one year. Even if he's found guilty, legal maneuvers may get him off with less.

In effect, the driver in this tragedy profited from fleeing the scene and leaving his victim helpless on the side of the road. It'll be interesting to see how the system finds the justice here.



David Shapiro is managing editor of the Star-Bulletin.
He can be reached by e-mail at editor@starbulletin.com.
Volcanic Ash runs every Saturday in the Star-Bulletin.

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