NO. 28755 - Wednesday, September 9, 2009 - 9 a.m.
STATE OF HAWAI'I, Plaintiff-Appellee, v. RIC PADEKEN, Defendant-Appellant
Attorney(s) for Defendant-Appellant
Edie Anne Feldman
Attorney(s) for Plaintiff-Appellee
Honorable Peter B. Carlisle, Prosecuting Attorney and James M. Anderson,
Deputy Prosecuting Attorney
COURT: Watanabe, Nakamura & Fujise, JJ.
Note: Upon direction from the Intermediate Court of Appeals, the names of the minor victim and his/her parents have been removed from the audio file.
Defendant-Appellant Ric Padeken (Padeken) was convicted after a jury trial of third-degree sexual assault and attempted third-degree sexual assault, in violation of Hawaii Revised Statutes (HRS) ?? 707-732(1)(b) (Supp. 2008), 707-732(1)(c) (Supp. 2008), and 705-500 (1993). On appeal, Padeken asserts that the trial court erred in precluding him, based on Hawaii Rules of Evidence (HRE) Rule 504.1 (psychologist-client privilege) and/or HRE Rule 505.5 (victim-counselor privilege), from using information in psychological reports to cross-examine the complainant. Padeken asserts that notwithstanding the 2004 amendment to Article I, Section 14 of the Hawai`i Constitution, the trial court's ruling violated his constitutional rights to confront witnesses against him and to due process of law under the United States and Hawai`i Constitutions. Padeken also asserts that the deputy prosecuting attorney engaged in misconduct during the trial.