Rape suspect's murder sentence cut twice
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By Kevin Dayton
Advertiser Big Island Bureau
HILO, Hawai'i — A convicted murderer who is accused of raping a 12-year-old girl on the Big Island last weekend had his minimum sentence for murder reduced twice by the Hawai'i Paroling Authority, changes that allowed the convict to be paroled after serving less than 24 years.
Peter Bailey was sentenced to life in prison with the possibility of parole for the murder of a 17-year-old girl in 1979, and the paroling authority initially set his minimum sentence at 35 years.
However, a new parole panel in 1990 reduced Bailey's minimum term to 25 years, said Hawai'i Paroling Authority Acting Administrator Max Otani. In 1995, parole officials again reconsidered Bailey's minimum term, and reduced it to 20 years.
Bailey, 49, was finally granted parole in early 2003 after his fifth request to the parole board for release, Otani said.
On Sunday, Bailey was arrested and charged with three counts of first-degree sexual assault for allegedly raping a girl in the office of the Hamakua Coast Assembly of God church in Papa'ikou.
Police said Bailey picked up the girl Sunday evening and took her to the church for what was supposed to be "choir practice." There was no choir practice, and Bailey allegedly raped her in the church office.
One of the girl's family members arrived at the church and witnessed the alleged assault, and ran for help, police said. Family members converged on the church and held Bailey there until police arrived.
A neighbor who asked that her name not be used said Bailey was bleeding from his nose area when police removed him from the church and that he appeared to have been beaten. About 10 family members of the girl stood waiting on the lanai of the church.
BAILEY HAD KEYS
Neighbors who live around the church said it has a small congregation and is nestled in a plantation-era community where everyone knows each other. On Sundays, the neighbors in houses around the church can clearly hear the choir, and the church is often busy with activities for children that spill over into the neighborhood park next door.
Marlon Araw, who lives across the street from the church, said Bailey was a familiar sight because he had the keys to the church and would regularly unlock the gates and open the building to prepare for church activities.
Bailey has said in court proceedings he became a born-again Christian while in prison, and a parishioner who is familiar with the case said Bailey worked around the church grounds on carpentry and other projects. Bailey also played guitar and sang in the choir.
Church members knew Bailey had been in trouble with the law because he offered testimony about the role religion played in his life when he was involved in drugs and other illegal activities. However, it isn't clear whether the congregation knew he had been convicted of murder.
Church Pastor William Bannister declined to answer questions from a reporter yesterday afternoon, saying he was busy.
The decision to parole Bailey drew criticism yesterday from the older sister of the woman Bailey shot to death in 1979.
Eunice Van Kuren, who now lives in Nevada, said she was shocked to learn yesterday that Bailey had been released and that he had allegedly hurt a young girl. Bailey's murder conviction was for the April 29, 1979 slaying of Van Kuren's younger sister, 17-year-old Carol Olandy of Makakilo.
"I don't know what happened all these years. Apparently, it didn't do him any good," Van Kuren said.
Bailey and Francis Talo were convicted of kidnapping Olandy from a parking lot at the Pearl City Shopping Center. The pair said they wanted the Camaro that Olandy was driving "to do a job," according to testimony in the 1979 trial.
The two defendants then took Olandy out to the pineapple field, shot her and drove to Fort Ruger Market and robbed the store, which resulted in a second robbery conviction.
They were arrested a few minutes later, still driving Olandy's car, which contained the items she had purchased on her errand that day.
Olandy's body was located by authorities days later in a Kunia pineapple field with seven bullet wounds. Bailey was sentenced to life in prison with the possibility of parole for robbery and murder.
FAMILY NOT NOTIFIED
Van Kuren said her family believed Bailey's original minimum sentence of 35 years was still in effect, which would mean he could not be paroled until 2014. When Bailey applied for parole in 1999, Van Kuren said, another sister went to the parole hearing to confront Bailey and to ask that he remain in prison. His application was rejected that time, but Bailey was released less than four years later.
Van Kuren said her family should have been notified that Bailey was once again seeking parole and should have been notified he had been released.
"I'm appalled, I'm just shocked, and my prayers just go out to that family," she said. "If we knew of his upcoming parole request three years ago, my sister would have been there again, or one of us would have been there again," she said.
Honolulu City Prosecutor Peter Carlisle said his office objected to each of Bailey's applications for parole and pointed to Bailey's "calloused indifference to human life."
"What you need to be able to overcome is the idea that there's redemption for everybody," Carlisle said. "We simply need to make sure that dangerous people are incarcerated, and I don't care whether that's in a prison here in Hawai'i or a prison somewhere on the Mainland.
"We've got a system that right now is exerting pressure on everyone to release people, and if you release the wrong people, then somebody's going to get hurt. And somebody has gotten hurt," he said.
Carlisle said this type of release is something now being "pushed at all levels of the prison system."
"If there is so much pressure on the system to release people coming from all corners that the likes of Peter Bailey are being let out prematurely, then that's a system that needs to be re-evaluated at all terms, including the concept of basically giving everybody another chance," he said. "This guy didn't deserve another chance. His victim certainly didn't get another chance."
Bailey met all the requirements imposed by parole officials, including a requirement that he participate in a work furlough program, said Otani, the acting paroling authority administrator. Inmates are not allowed in the furlough program unless they have a good conduct record, he said.
BACK IN PRISON
Bailey was subject to regular drug testing and checkups by a parole officer, and he was working, Otani said. He seemed to be adjusting well to parole, and Otani said he is not aware of any parole violations or reports of misconduct by Bailey until his arrest in connection with the rape.
"Every time you have an alleged victim out there, of course you need to relook at the system," Otani said. "We're looking over the situation now. ... He fulfilled his obligation, his requirements of what the parole board wanted, which was basically to see whether or not he was ready for parole by being on work furlough."
Otani said a system is in place to notify victims and their families when inmates are paroled if the families request it. He said he did not have information about whether such a request was made in this case.
Bailey is being held at Hawai'i Community Correctional Center without bail under an action by the Hawai'i Paroling Authority to return him to prison for a parole violation. He is also being held in lieu of $300,000 bail for the three sex offenses.
Advertiser Staff Writer Lynda Arakawa contributed to this report.Reach Kevin Dayton at kdayton@honoluluadvertiser.com.