Then that relative was confronted and attacked by a drunken person who is 6 inches taller and 130 pounds heavier. That drunken person continue hitting your relative's head, and had to be restrained by 2 other people.
Now your relative has sustained severe brain trauma. That brain trauma is so severe that your relative can't even do simple tasks like brushing teeth or opening a can of juice. That relatives need 24 hour care. That relative can't even remember the names of other relatives. That relative experiences tremors and sometimes can't even speak.
The person who attacked your relative claimed he can't even remember what happened. He probably said "I can't remember" because his real reason for attacking your relative might be something so trivial as "he looked at me the wrong way", "he accidentally bumped into me", "he's the wrong ethnicity" or "I just felt like fighting someone".
Now what kind of penalty do you want your relative's attacker to receive.
Many of you want that attacker to be executed! However, since Hawaii doesn't have the death penalty, you would want that attacker to get life in prison without parole.
However, it is possible that your relative's attacker might only get 18 months in prison and followed by 5 years of probation.
You might think that is way too lenient for a violent felon who committed an unprovoked assault that caused severe brain damage and left your relative unable to do simple tasks.
However, that has happened in real life.
On March 26, 2010, 57- year old Andy Ganigan was minding his own business after he left a lounge in Waipahu. He was then attacked by a much larger intoxicated man named Matthew Kupa! Kupa kept hitting Ganigan's head even after he could no longer fight back. Kupa then had to be restrained by 2 other people.
http://www.staradvertiser.com/sportspremium/20120329_andy_ganigan_fights_for_his_life.html?id=144853325
Matthew Kupa claimed that he couldn't remember what happened that night, even though there were multiple witnesses at the scene.
photo from Honolulu Star Advertiser
Matthew Kupa
Let's face it, if you hit some in order to defend yourself, you would say so to everyone, especially in court. If you hit someone who pushed you or threatened you, you would admit that in court. Even if you over-reacted to someone who was bullying you, you would just admit that in court. Those are all things you would remember for as long as your brain can function properly.
But Kupa claimed he doesn't remember what happened the night he attacked Ganigan, because if he stated the real reason for the attack, he would be in more trouble.
Meanwhile, Ganigan's brain was so damaged that he could no longer do simple tasks like brushing teeth or opening a can of juice. He was unable to remember names. He experienced tremors and needed 24 hour care.
photo from Honolulu Star Advertiser
Ganigan's daughter in tears while discussing her dad's deteriorated condition
The prosecutor asked that Kupa recieve 10 years in prison. The judge Glenn Kim went even lower than that, and just gave Kupa 18 months (not years) in prison and 5 years of probation.
photo from Honolulu Star-Advertiser
Andy Ganigan's family reacted to Judge Kim's LENIENT sentence to Ganigan's attacker
Even more disturbing was the judge's reasoning for such a lenient sentence. Judge Kim mentioned "Kupa's young age" and a lack of a previous criminal record as excuses for a light sentence.
It's one thing for a judge to take into account the defendant's young age if the defendant is 11 years old. At that age, the person may not have gained the skills to resist peer pressure nor understand the ramifications of a criminal act.
However, Kupa was 21 years old when he attacked Ganigan. That meant he was old enough to drive, vote, join the military, and buy alcohol which he drunk so much before his vicious assault. In other words, Kupa was old enough to know better.
The judge also mentioned Kupa's lack of a previous criminal record. It is hard to believe that was Kupa's first drunken fight or act of unprovoked violence. It's just that this time Kupa got caught.
But even if this was Kupa's first act of a drunken unprovoked assault, it still doesn't allow for an excessively lenient sentence of 18 months in jail.
Remember, Kupa wasn't being convicted of shoplifting, gambling, drug possession, littering, grafitti or tax evasion. Kupa did not just push or slap someone. Kupa was convicted of a drunken unprovoked attack that so was heinous that it left his victim brain damaged and no longer able to care for himself.
Kupa got his excessively lenient sentence on March 28, 2012. A few weeks later, Andy Ganigan passed away, due to effects of the brain trauma that Kupa gave him.
http://www.staradvertiser.com/news/breaking/149899015.html?id=149899015
photo from Midweek
Andy Ganigan
photo by Nadine Guevara
from Honolulu Star Advertiser
Andy Ganigan
when he used to box back in the 1970s/1980s
Yet, after 18 months in prison, Kupa will be released from prison. It will be party time for him. He can walk around with a swagger. He can breathe the fresh air of freedom, the freedom that he physically denied Ganigan.
Sure, Kupa's following 5 years of probation will come with some inconveniences.
However, that is nothing compared to the inconveniences suffered by Andy Ganigan, who suffered 2 years with severe brain damage and unable to do simple tasks.
Judge Glenn Kim should be ashamed of himself and should resign. If Kim won't resign, he must be impeached.
Public safety and justice requires nothing less.
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From the comments to http://www.staradvertiser.com/sportspremium/20120329_andy_ganigan_fights_for_his_life.html?id=144853325&id=144853325&c=n
kalanilee wrote: I was called to Jury once with this judge. I toldl him I wanted to be excused till a later date because I was my spouse's caregiver. He was in a wheelchair. He went o to say that I should find someone else to tend to him, so that I could do my civic duty. He never asked me about them the other times I willingly served and was willing to serve.....he reprimanded me in court in front of people I didn't know like I was some little kid, although I am older than him. He basically wanted me to re-arrange my whole life, inconvenience other family members, or possibly incur some expense for someone else to do caregiver duties... I thought this was not a very bright judge....it wasn't necessary to lecture me in court.
on March 29,2012
02:22PM
This just goes to show that Judge Glenn Kim has ZERO compassion for the disabled! He insulted a prospective juror for expressing concerns over his/her time to take care of a disabled relative.
And now Judge Glenn Kim gives EXCESSIVELY LENIENT sentences to someone who DAMAGED AN INNOCENT PERSON'S BRAIN!
What Judge Glenn Kim did was as EVIL as what Matthew Kupa did! It's as if Judge Kim is treating this like a joke, treating this like a prank! He's a judge for NOTHING!
