Chinky Mahoe

[matapule]

Re: Chinky Mahoe

its a plea called "nolo contendre" and its not exactly the same as a guilty plea - the defendant doesn't say that they are guilty or not guilty. they are basically telling the judge that they will allow the court to decide the degree of guilt and punishment. the defendant basically throws himself on the mercy of the court and agrees to adhere to whatever punishment the judge might decree. It avoids a jury trial.

What you say is true Ana, but the defendant did not plead "not guilty." The Court found him guilty and he accepted that verdict. This is a classic case of an addict (molesting children) refusing to take responsibility for their actions and addictions. He is not rehabilitated.

[Kaonohi]

Re: Chinky Mahoe - "NO CONTEST" is not = Guilty!

A "no contest" plea is the same as a guilty plea and is acknowledged as such by the defendent. It just avoids the expense of a trial for the defendent. If he is now saying he was innocent, this is one sick MF. Pardon the expletive, but this makes my blood boil.

It makes my blood boil when the uneducated presume to interpret law, justice, guilt and innocence.
"No contest" means that the defendant, for whatever reason, has decided not to contest the charges against him or her; it is NOT the same as a guilty plea! There may be numerous reasons why a person would plead nolo contendere - most notably if they felt the deck was stacked against them in a way that they could never win a not-guilty plea.

It is not for us to judge. It is a matter for the courts and the judicial system.

Your expletive is not pardoned. You are bound to it forever, for it shows your ignorance and prejudice.

Whether CM is guilty or innocent, and whether he is allowed to work with children again is not a matter for social networking sites - though we are free to express our opinions that make no difference in reality. The courts, rehabilitation organizations, court-appointed psychs, et. al., that we have hired and decided to trust with such decisions make the call. If you personally choose to keep your children away, you are entitled to do so.

What's next? Burning crosses on his front lawn? Matapule dressed in white sheets with pointy headdresses?

Take the law into your own hands and you become the problem. You are, however, entitled to your own opinion, no matter how ill-informed.

[matapule]

Re: Chinky Mahoe

American Heritage Dictionary:

no·lo con·ten·de·re

NOUN:

A plea made by the defendant in a criminal action that is substantially but not technically an admission of guilt and subjects the defendant to punishment but permits denial of the alleged facts in other proceedings.

[Kaonohi]

Re: Chinky Mahoe

American Heritage Dictionary:

no·lo con·ten·de·re

NOUN:

A plea made by the defendant in a criminal action that is substantially but not technically an admission of guilt and subjects the defendant to punishment but permits denial of the alleged facts in other proceedings.

Thank you for the verification.
(emphasis mine)

In simple words - CM said he was not guilty, but could not mount an adequate defense, and was willing to accept the punishment rather than fight City Hall.

So, what did he gain? Think about it.

[Kaonohi]

Guilty? = End of trial.

its a plea called "nolo contendre" and its not exactly the same as a guilty plea - the defendant doesn't say that they are guilty or not guilty. they are basically telling the judge that they will allow the court to decide the degree of guilt and punishment. the defendant basically throws himself on the mercy of the court and agrees to adhere to whatever punishment the judge might decree. It avoids a jury trial.

FWIW, a guilty plea ALSO avoids a jury trial and the attendant expenses.

The only reason for a "nolo contendere" plea is if the defendant wishes to express his/her innocence while recognizing that the cards are stacked against her/him and that winning with a NG plea is unlikely or impossible.

This is not to propose CM's innocence, just to clear the judicial air, so to speak.
Other than his incipient denial of guilt, this will go down much the same as a guilty plea; it will afford no benefits of which I am aware.

[anapuni808]

Re: Chinky Mahoe

no·lo con·ten·de·re (nōˌlō kən-tĕnˈdə-rē)

noun
A plea made by the defendant in a criminal action that is substantially but not technically an admission of guilt and subjects the defendant to punishment but permits denial of the alleged facts in other proceedings.

Origin: Latin nōlō contendere, I do not wish to contend : nōlō, first person sing. present tense of nōlle, to be unwilling + contendere, to contend.

-The American Heritage® Dictionary of the English Language, 4th edition Copyright © 2010 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

Chinky Mahoe is a convicted child molester. Period.

[LikaNui]

Re: Chinky Mahoe

Some people may need to think about the fact that Chinky has to spend the rest of his life as a registered sex offender. Public knowledge, nationwide. The courts and the government have deemed him officially a sex offender.
'Nuff said.

[Leo Lakio]

Re: Guilty? = End of trial.

The only reason for a "nolo contendere" plea is if the defendant wishes to express his/her innocence while recognizing that the cards are stacked against her/him and that winning with a NG plea is unlikely or impossible.

This is not exactly correct, my friend. What you are describing is closer to what is known as an Alford plea. Often, nolo contendere is used as part of a plea bargain, in order for a defendant to avoid allocution.

(If folks desire further clarification of the terms, go ahead and look 'em up. My personal legal resource is primarily the Alpha Female, who passed the bar in Hawai`i and Washington state; still employed in the legal profession, but not as a practicing attorney.)

But this is picking nits. Bottom line is, as others have stated, Mr. Mahoe was convicted and the legal system meted out punishment that includes registration. If our learned friend CW wishes to see further freedoms reinstated for Mr. Mahoe, then he needs to address what he views as flaws in the criminal justice system - not chide those on this board who accept the rulings of the court in this matter.

[LikaNui]

Re: Chinky Mahoe PROOF post

Some people may need to think about the fact that Chinky has to spend the rest of his life as a registered sex offender. Public knowledge, nationwide. The courts and the government have deemed him officially a sex offender.

Okay. I wrote that yesterday but here comes absolute PROOF of his guilt.

• First, his full name is Howell K. “Chinky” Mahoe, Jr.
• Mahoe pleaded no contest in September 1998 to five felony counts of third-degree sexual assault and one misdemeanor count of fourth-degree sexual assault.
• The state originally indicted him in May 1998, alleging he fondled each boy -- age 9 through 14 -- on separate occasions from a couple of months to more than a year between 1994 and 1996.
• Mahoe was free after posting $25,250 bail. Bail conditions required that he can be around children only if another adult is present.
• After the trial, his "punishment" was five years' probation and 500 hours of community service. At least one adult must always be present when Mahoe is around children during his probation.
• Hawaii Sex Offender Registry http://pahoehoe.ehawaii.gov/sexoff/
• Chinky’s page is http://sexoffenders.ehawaii.gov/sexo...,A0109123.html . Note that even though his probation apparently expired in 2003, the Sex Offender department is staying on top of him; they made him come in, updated his entire record, and took a new photo of him for his sex offender page just 7 months ago!
• Go to http://www.courts.state.hi.us/legal_...t_records.html , then click on Ho`ohiki. Once you enter that site you can enter a search for Howell Mahoe (Chinky's legal name) or search under Case ID number 1PC97-0-001219 and from there you can click on Court Minutes and read the official minutes from each appearance on the case, including the conviction and the sentencing. You can also see the original six charges, the Documents list, and more.
• If you dig deep enough into the court minutes texts, there’s one spot dated 8/24/98 where the court ordered Chinky Mahoe to pay restituation to one family for their child’s medical expenses!!!
• Perhaps most importantly, go to http://sexoffenders.ehawaii.gov/sexo...109123__QA.pdf . This is a PDF of the official document from the Hawaii First Circuit Court. Especially note the TITLE of the document: JUDGEMENT… GUILTY CONVICTION and probation sentence… Notice Of Entry.

Get it? Ultimate proof that the court found Chinky GUILTY, no matter what he pled. And proof that he will remain updated on the Sex Offender List.
Therefore, many of us will CONTINUE to complain about him to any and all who will listen.
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[Frankie's Market]

Re: Chinky Mahoe

Some people may need to think about the fact that Chinky has to spend the rest of his life as a registered sex offender. Public knowledge, nationwide. The courts and the government have deemed him officially a sex offender.

You nailed it. All of these past few posts delving into Mahoe's court plea is, frankly speaking, irrelevant to the heart of the matter. A sex offender on the Hawaii registry doesn't get an asterisk next to his name because he pleads "no contest," as compared to others who are found guilty through a jury trial. A convicted sex offender is a sex offender,... period. And they should be treated as such, no matter the process of how they got onto that registry.

And if I might add,.... over the long course of this thread, some people have used this discussion as a vehicle to engage in personal speculation and rumor mongoring over what they think "really happened" between Chinky and his accusors. Others have tried to play the part of armchair Perry Masons. But the greatest (maybe the only) things of value that comes out of this thread are the following:

1) Posts that alert the HT community about Chinky's public activities, so parents and others will take whatever steps they feel appropriate as regards to the protection of children.

2) Posts that make it clear, in no uncertain terms, that Chinky Mahoe is a sex offender. People can try to cloud up this fact all they want with talk about how talented the man is as a kumu hula. They can wax on and on with their own philosophies about what they think is "truth" in justice. They can even cast aspersions on Chinky's accusers and their family members. But through it all, none of it will ever change the fact that Chinky is a convicted sex offender. That stigma will never go away for the rest of his life.

[Leo Lakio]

Re: Chinky Mahoe

All of these past few posts delving into Mahoe's court plea is, frankly speaking, irrelevant to the heart of the matter.

I respectfully disagree. Craigwatanabe steered the conversation into the realm of Mr. Mahoe's status and how he was judged by the legal system vs. the court of public opinion. All aspects of the legal case are therefore relevant to this discussion.

[Frankie's Market]

Re: Chinky Mahoe

I respectfully disagree. Craigwatanabe steered the conversation into the realm of Mr. Mahoe's status and how he was judged by the legal system vs. the court of public opinion. All aspects of the legal case are therefore relevant to this discussion.

Relevant to you, maybe. To me, mehh!

Of course, don't let my opinion stop anyone else engaging in legal minutiae one-upsmanship. That's all fine and good, for anyone who's interested in that.

Doesn't change my personal view one whit, which is that a single post from someone alerting us of Chinky Mahoe appearing at a public function or any event involving young children, carries much more value than hundreds of non-professional legal opinions re: either sex offenders in general, or Chinky's case in particular.

[LikaNui]

Re: Chinky Mahoe

Of course, don't let my opinion stop anyone else engaging in legal minutiae one-upsmanship. That's all fine and good, for anyone who's interested in that.

Very true. Especially in another thread.

Doesn't change my personal view one whit, which is that a single post from someone alerting us of Chinky Mahoe appearing at a public function or any event involving young children, carries much more value than hundreds of non-professional legal opinions re: either sex offenders in general, or Chinky's case in particular.

THANK YOU. Clearly most of us here agree with that.

[anapuni808]

Re: Chinky Mahoe

Relevant to you, maybe. To me, mehh!

Of course, don't let my opinion stop anyone else engaging in legal minutiae one-upsmanship. That's all fine and good, for anyone who's interested in that.

Doesn't change my personal view one whit, which is that a single post from someone alerting us of Chinky Mahoe appearing at a public function or any event involving young children, carries much more value than hundreds of non-professional legal opinions re: either sex offenders in general, or Chinky's case in particular.

FM - for once, I totally agree with you and the above paragraph in particular.

[Kaonohi]

Guilty? = End of trial = punishment + CSO registration

Often, nolo contendere is used as part of a plea bargain, in order for a defendant to avoid allocution.

Bottom line is, as others have stated, Mr. Mahoe was convicted and the legal system meted out punishment that includes registration.

As I understand allocution, CM might want to avoid restating or being lectured about his crimes in public. Embarrassment? Or trying to avoid more damage to his image? I don't have a clue why he chose NC or if it was to avoid allocution - it just seems that he's trying to avoid admitting guilt.

I disagree with those that feel "he's guilty" is the end of it; the more we know about crime and our legal system the better off we are.

Often, "doing your time" is the end of it, except for how a record affects one. In child sexual abuse and subsequent offender registration it never ends -and that's how it should be.