Ho found unfit for trial – Hawaii Tribune-Herald

A Kailua-Kona judge has ruled that a Hilo man accused of stabbing his maternal grandparents to death in January is unfit to stand trial.

Third Circuit Chief Judge Robert Kim on Thursday cited reports from the three mental health professionals who examined Joshua Ho.

The doctors who did the evaluation were Henry Yang, Andrew Bisset and Roger Weiss.

Ho was 21 when arrested Jan. 16 for the stabbing deaths of Jeffrey and Carla Takamine, both 68 and the owners of Big Island Delights. The attack occurred in the Takamines’ Panaewa home, where Ho also lived.

Kim said the doctors’ reports, which are filed under seal, “make the finding that the defendant is not fit to proceed.”

Neither Deputy Prosecutor Jeff Malate nor Deputy Public Defender Rachel Thompson contested the reports’ findings, and Kim declared Ho unfit to proceed.

Kim said that Ho, who was present via video from the Hawaii State Hospital in Kaneohe, Oahu, “presents a risk of danger to (himself) and/or others or risk of substantial danger to property of others.”

Kim committed Ho to the custody of the state health director “to be placed in (an) appropriate institution for detention and care and treatment.”

The finding of unfitness halts criminal proceedings against Ho unless and until he is found fit to proceed in the future.

Kim scheduled a review hearing for 8 a.m. Sept. 7, with Ho ordered to appear via video from the state mental hospital.

Kim is presiding over Ho’s case because both Hilo Circuit judges, Henry Nakamoto and Peter Kubota — the latter is currently on paid administrative leave — recused themselves from hearing the case.

Ho was charged with first-degree murder, two counts of second-degree murder, and a single count of attempted second-degree murder.

The first-degree murder charge, which is relatively rare in Hawaii, is because there were multiple homicide victims. The charge, upon conviction, carries a mandatory sentence of life imprisonment without the possibility of parole.

The victim in the attempted murder charge is related to Ho’s 28-year-old brother, Kaulana Ho, who suffered stab wounds to his head and ribs, allegedly in an attempt to disarm his younger brother of a knife. Kaulana Ho was treated for his injuries at the Hilo Medical Center emergency room and released.

According to court documents, Cheryl Ho, the mother of the defendant and daughter of the slain couple, called police to the family’s Makalika Street home at 6:53 a.m. on Jan. 16, reporting that Joshua Ho was experiencing a schizophrenic episode and had a knife.

When police arrived, Kaulana Ho and Guy Ho, the father, were restraining Joshua Ho, according to police.

A blood-stained kitchen knife with an 8-inch blade, believed to be the murder weapon, was recovered at the scene.

Thompson, the supervising attorney of the Public Defender’s Kona office, requested that Kim allow her office to withdraw from Ho’s case and appoint a private defense counsel.

“The last several months, our office has been severely short-staffed, and we remain severely short-staffed,” Thompson told the judge. “And due to the nature of the charges in this case, we feel that it’s in the best interest of the defendant, Mr. Ho, to be appointed a private attorney to represent him in the event this case does proceed to trial.

“We don’t have the current staffing to handle a case of this magnitude.”

“So, you’re unable to perform within the ethical bounds that you’re required to as an attorney because of the severe shortage of attorneys in the Kona Public Defender’s Office? Is that what you’re telling me?” Kim asked.

“That is correct, Your Honor,” Thompson replied.

Kim granted Thompson’s motion. Kim then told Ho a private attorney would be appointed to represent him at no charge.

“Thank you, Your Honor,” Ho replied.

Email John Burnett at jburnett@hawaiitribune-herald.com.