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The Honolulu Advertiser
Posted on: Thursday, August 2, 2007

Family court blocks release of starving-girl details

Photo galleryPhoto gallery: Starving girl's parents in court
StoryChat: Comment on this story

By Peter Boylan
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Defendants Melvin Wright Jr., left, and Denise Wright, second from right, appeared yesterday in District Court with their attorneys, Lane Takahashi and Debra Loy. Also yesterday, the judge in the Wrights’ criminal case recused himself over a potential conflict of interest.

GREGORY YAMAMOTO | The Honolulu Advertiser

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Hawaii news photo - The Honolulu Advertiser

Melvin Wright

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Hawaii news photo - The Honolulu Advertiser

Denise Wright

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A family court order is prohibiting the state's top child welfare official from discussing or releasing any records related to the case of a girl whose parents are accused of starving her.

Lillian B. Koller, director of the state Department of Human Services, said the order blocks her decision to release records from a 2000 case involving the daughter of Melvin and Denise M. Wright.

"I would be violating a family court order if I release the records at this time," Koller said. "We are hoping that our inability to release the records will be modified so that we can release some or all of the records we'd like."

Koller said last week she would be releasing records including police reports, medical records and child welfare service reports to the public this week.

The Wrights' 12-year-old daughter reportedly suffered brain damage and is developmentally disabled as a result of lack of food. The girl was found in January in her parents' apartment, emaciated and malnourished, and placed in state custody.

Her parents were indicted July 3 on charges of second-degree attempted murder.

In 2000, the parents pleaded no contest to charges of second-degree endangering the welfare of a minor. The girl, 5 years old at the time, was taken from her parents for 72 hours and then released back to them.

The Advertiser requested the 2000 case records under the state open-records law and is awaiting an official response to its request.

DHS was scheduled to post the records from the 2000 case on its Web site Tuesday night but a judge prohibited the release after being asked to do so by the girl's attorney, William H. Durham.

APPEAL PLANNED

Durham, a lawyer with the Legal Aid Society of Hawai'i, would not comment on the case when reached by phone yesterday, citing family court confidentiality rules. Durham also would not say how the girl is doing. DHS officials, who have custody of the girl, also have declined to release any information her condition.

The state attorney general's office is preparing to file an appeal in family court that would ask for the records to be released. Attorney General Mark J. Bennett did not return a message seeking comment yesterday.

Koller said in a written statement to The Advertiser last week that she was planning to release all records about the 2000 case this week.

In the 2000 case, a neighbor reported hearing screams like an animal from the family's apartment and said the girl was locked in a room for 12 hours a day without food, water and bathroom access.

The Wrights were placed on probation and ordered to attend parenting classes. The case against them was dropped after they successfully completed the parenting classes.

JUDGE RECUSES HIMSELF

Yesterday, the judge in the new criminal case against the Wrights recused himself after defense lawyers for the couple filed a motion requesting that he withdraw from the case, citing a potential conflict of interest.

Judge Patrick W. Border, a family court judge, recused himself because his law clerk is the son of the prosecutor handling the case. Deputy City Prosecutor Maurice M. Arrisgado, who is prosecuting the Wrights, is the father of Border's law clerk, Pedric Arrisgado.

"This is a unique situation that has never occurred before me," said Border, speaking in court yesterday.

The action occurred the day that Border was scheduled to hear a request from the parents' attorneys that the case files be sealed and that a gag order be placed on prosecutors, witnesses and the DHS.

The case is being forwarded to Judge Rhonda A. Nishimura and all hearings will be re-scheduled.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.