Newswatch
By Star-Bulletin Staff
Saturday, July 25, 1998

The man who beat to death a Wahiawa woman and dumped her in a trash bin has received a 75-year minimum prison term, the highest ever set by the state's parole board.
If Frank Charles Janto serves the entire term, he would be released July 14, 2072, Tony Commendador, Hawaii Paroling Authority administrator, said yesterday.
But the 35-year-old Janto, sentenced to a life term with parole for murdering Bongak "Jackie" Koja June 9, 1997, can apply for early release after he serves one-third of the minimum, or 25 years, he said.
The minimum is five years longer than the previous longest of 70 years but 25 years shorter than the 100 years that city Prosecutor Peter Carlisle had requested.
Janto will be 60 when he can apply for early release, giving him incentive to "work toward earning the right to be paroled at some time," said William Bento, deputy public defender.
"It's quite high, but it's more in line with what has been appropriate in the past," said Bento, who asked the board to set a term that gave Janto some hope.
The parole board last year handed down a 70-year minimum to Big Island resident Joseph O'Neill, convicted of the August 1994 murder of James Dunne, 46. O'Neill, 33, beat Dunne with a sledgehammer and sexually assaulted him after he was dead.
Carlisle, who could not be reached for comment because he was at a mainland conference, has said that Janto should die in prison and that the state should not spend more money to rehabilitate him.
He had calculated that incarcerating Janto until 68 -- his age at his earliest possible release with a 100-year minimum -- would cost taxpayers more than $1 million in 1998 dollars.
Bento said that Janto, who has convictions for raping a child, assaulting a 63-year-old woman along the Ala Wai Canal and stealing a car, knows he will be in prison for a long time for the scars he left on the community.
But he also said Janto wants to work with younger inmates to help them use their prison time to learn skills and beat bad habits that doom them on the outside.
"He can say, 'Don't do as I did,'" Bento said. "He's looking to that as being his contribution to life."
Bento said Janto has been going to the library to educate himself and corresponding with a pastor. He also said the state would select programs for Janto, adding that drug treatment and anger management would be likely choices.
He said Koja's murder reflected both problems. Janto had been high on crystal methamphetamine for three days before he ran into Koja, 59, about 3:45 a.m. in front of Leilehua High School, on her walking route.
Janto also exploded into a rage when Koja sprayed him with pepper spray, ramming her head into the pavement and burying her in the trash bin behind the school's cafeteria.
Bento had argued for manslaughter, saying Janto didn't mean to kill Koja. His appeal likely will involve the trial court's denial of a defense motion to suppress statements Janto made to police, saying Janto waived his rights under duress.
During Janto's parole hearing Monday, board member Mary Tiwanak told Janto that he showed a pattern of violence that the board didn't think it could fix.
Janto responded by saying that the system hadn't addressed his rehabilitation, and suggested that inmates become violent when officials treat them like animals.
But board member Lani Garcia said that the state had invested thousands of dollars in his rehabilitation, adding, "This is Mr. Janto's failure."
Janto described his background to the board, saying that his brother died in Vietnam, his parents divorced, he sold his body on the streets to survive and was sexually abused as a child. But he also said he wasn't trying to make excuses.
Bento said Janto now has a long time to try to achieve some progress.

Milks yesterday ruled the group, created by the 1997 state Legislature, violated the due-proc
ess rights of native Hawaiians because it threw out 60 percent of the breach-of-trust claims completed or being investigated by the panel.
Milks said the working group's decisions violated a 1991 state law that spelled out a three-step process for the panel to follow.
"By requiring the panel to apply any formula/criteria recommended by the working group, the (1997) Act has 'condensed' steps one and two" of the 1991 law, she said.
Milks added the opinions of the working group -- comprised of Attorney General Margery Brons
ter, Hawaiian Homes Chairman Kali Watson, state budget director Earl Anzai and panel chairman Peter L. Trask -- were known beforehand, making the appearance of a fair determination of plaintiffs' claims "illusory."
The claims review panel was created in 1991 to investigate and decide waiting-list claims against the Hawaiian Homes Trust. The panel received 4,327 claims between February 1993 and Aug. 31, 1995, when it stopped accepting cases.
Of the 3,931 cases accepted for investigation, 610 were completed, with the panel deciding in favor of claimants in 165 cases with awards totaling $6.8 million for liability, damages and corrective action.
The rest of the claims are pending before the panel.
The panel reported its recommendations for damages to the 1997 Legislature, which declined to pay those completed claims. Instead, lawmakers created the working group, which in turn developed criteria that would have thrown out 1,200 claimants, or about 60 percent of the claims.
Attorneys Carl Christensen and Melissa Seu of the Native Hawaiian Legal Corp., along with attorney Hayden Aluli, brought the lawsuit on behalf of 68 clients who were involved in the process.
Christensen yesterday said the ruling allows the panel to set aside the working group's decisions and again seek legislative funding for certain claims, although the ruling affects all the claimants.
"I think that they're going to have a fair chance to have their claims reviewed by the Legislature under the criteria that the Legislature set up back in 1991, rather than under some new definition that was made up especially to shrink the range of claims that were compensable," Christensen said.

But Administrative Judge Victoria Marks wrote on the motion that she expects "cogent reasons" when the state asks her to execute the six-month prison term for Jonnaven Monalim for second-degree assault.
Deputy Prosecutor Renee Sonobe Hong said she would emphasize Monalim's dangerousness in light of his total criminal record and that the state didn't have a chance to comment on an out-of-court revised ruling by Circuit Judge Sandra Simms.
In her motion, Sonobe Hong cited seven felony convictions from a 1989 incident, two misdemeanor convictions for reckless driving, and harassment incidents involving his girlfriend. She also alluded to an incident in a confidential report that she said may cause the court to reconsider allowing Monalim to bond with his baby.
But William Harrison, Monalim's attorney, said Simms already had a hearing on Monalim's dangerousness and found that he wasn't dangerous or a flight risk.
"The total criminal history was before the court," he said.
On July 17, Simms sentenced Monalim to five years' probation with six months behind bars for punching a 17-year-old boy last August at Makaha Beach after a football game. Monalim, 28, said he reacted in self-defense.
State law requires a mandatory prison term because Monalim committed the offense while on probation for burglary and terroristic-threatening convictions stemming from a 1989 incident.
Simms also revoked Monalim's probation and resentenced him to up to 10 years to run concurrently with the assault sentence.
She delayed the start of Monalim's prison term for three days to July 20 but then extended it to Nov. 2, saying she wanted to give Monalim time with his baby, born July 13.
Simms' revised ruling frustrated the victim's mother, Geri Martin, who had tearfully testified that her son was afraid to attend the sentencing. Her son's broken jaw required a metal plate.
She said after the revised ruling that Monalim intimidated the community and that others were afraid to speak out.
"I know my son wasn't the first to get hurt by him, but I pray to God that he will be the last," she said.
Martin also said she was upset that Simms ruled one way before a packed courtroom and then changed her mind in private to favor Monalim.
But Harrison said Monalim, who has his own trucking company, has become an easy target for those looking for someone to blame for fights.
"Whenever there's a fight in Waianae and the person gets lickings, they always blame Jonnaven," he said. "That way they don't have to lose face, because he's a professional boxer."
He also said the 1989 brawl made Monalim a local legend because he and three others took on 13 others and "kicked the crap out of them." Based on that, if fights occur, word goes out that "it was one of Jonnaven's boys," he said.
Harrison said Monalim was taking advantage of Simms' ruling and was bonding with his son, adding, "He finds the time absolutely precious."
Martin had said she understood the importance of bonding, but also said that the judge should weigh her family's suffering.
Both attorneys acknowledged the state Supreme Court ruling to which Marks alluded when she wrote on the state's motion.
The ruling states that a judge should generally be hesitant to modify or overrule an order from a judge from an equal jurisdiction without "cogent reasons."

It will be the first research telescope in Hawaii for undergraduates and the public, and one of only a few in the nation built for Internet operations, said Fritz Osell, astronomy professor.
The observatory will network with other telescopes with remote capability across the mainland and in other countries, he said. "So geographic barriers essentially disappear. It becomes an intercultural science exchange."
The telescope, tentatively estimated for completion next March, will be accessible to all University of Hawaii campuses and schools that want to participate in astronomy projects, said Osell.
"With these remote telescopes, it doesn't matter where you are. You can log into them and actually use the telescope."
Osell obtained a $152,000 grant from the Defense Department for the observatory -- the second of five planned for the campus in Pearl City.
It now has a 12-inch telescope, and a 24-inch UH Planetary Patrol telescope will be located there, having been removed from Mauna Kea in 1995 to make room for the Gemini Telescope. Osell is looking for $150,000 needed to build the dome and rebuild the telescope for Internet operations.
Another regular telescope and a solar telescope eventually will be added to the complex.
The growing Leeward Community College telescope facilities will be used to teach undergraduate astronomy courses. Projects too small for large telescopes on Mauna Kea, such as asteroid and comet searches and variable star photometry, will be ideal for the community college's telescopes, Osell said.
He said the college's astronomy department plans to link undergraduate astronomy courses with K-12 science programs in public schools.
Science projects will be developed at the community college that can be tied into school science projects, with undergraduate college students acting as mentors, Osell said.
Hawaii students will be able to collaborate with students around the world on projects, he said.
It will take about five months to build the state-of-the-art, 20-inch Ritchey-Chretien telescope, Osell said.
He said opening ceremonies for the observatory will be held jointly with a new Gunma Observatory in Japan next April 29. He made the arrangements during a recent trip to an international conference for astronomy education in Misato.
The opening ceremony will be part of Leeward Community College's 30th anniversary celebration.
Osell said both observatories will share images and conduct joint research programs.
The observatory now works with three students with muscular dystrophy at the Kajiki Handicapped School in Tokyo. The students request images from Leeward Community College and Osell's students take the images and send them to the Kajiki School.
The observatory also will collaborate with the Bishop Museum to augment its planetarium programs with telescope images, Osell said.

Kaneshiro said yesterday that he has persuaded the Secret Service to send a special team to Honolulu later this year to assess security at the state Capitol and the governor's mansion.
The team's recommendations -- which could be for video surveillance equipment and more manpower -- would justify any request he makes to the Legislature next year, Kaneshiro said.
Lawmakers this year rejected Kaneshiro's bill for 27 additional deputies for courtroom security.
"I think in these times of anti-government and anti-politician sentiment, the security threat is much greater with public officials and in public buildings," he said. "We have to be concerned about security. Hawaii has not made security a priority. We are too open."
The work of the federal security assessment team will be paid by the U.S. government -- not the state, Kaneshiro said. It was his conversations with locally based Secret Service officials earlier this year that led to the decision to send the team, he added.
Unlike the U.S. Capitol, there are no metal detectors at the state Capitol. Currently, 24-hour security is provided by 33 sheriff's deputies, Kaneshiro said, adding that the staff has three vacancies.
The around-the-clock protection for Washington Place, which also has no metal detectors, and the plainclothes bodyguards for Gov. Ben Cayetano, first lady Vicky Cayetano and Lt. Gov. Mazie Hirono comes from 25 deputies.
Deputies also roam through other state buildings in the Capitol District, Kaneshiro said.
Tighter security around state officials and in state buildings should not dampen public access, Kaneshiro added. "We have increased security at airports, but that has not deterred traveling," he said.
Nor should the state's budget woes be a barrier to tighter security, Kaneshiro said.
In 1996, the Senate quashed a bill introduced by House Speaker Joe Souki (D, Wailuku) that sought additional deputies to patrol the Capitol, believing the $262,000 needed could be better spent elsewhere. Souki, who could not be reached for comment yesterday, feared a terroristic act like the bombing of the Oklahoma City federal building in 1995.
Even the late Mary George, the former Senate Republican leader who battled a 22-year-old escaped prisoner in 1988 when she was 72, opposed Souki's bill. "Honey, if I can handle it, they can handle it," George told the Star-Bulletin in 1996, as she recalled her fight to keep the fugitive from getting into her car as she was leaving the Capitol.
Sheriff's deputies two years ago had to subdue a demonstrator at the Capitol after he slammed into and spat on national anti-abortion activist Randall Terry, who was in Honolulu to lobby against legalizing same-sex marriages.
In 1994, then-Health Director Jack Lewin was punched in the face before a hearing on gun-related bills. That same year, then-Senate Judiciary Chairman Rey Graulty received a death threat for pushing tough gun-control measures.