Peacock case judge apologizes to journalists
By Rick Daysog
Advertiser Staff Writer
A state judge has apologized for barring journalists from tape-recording and photographing a hearing last week at Wai'anae District Court.
Judge Clyde Sumida said he should have allowed members of the local news media to take photos and tape-record the May 29 arraignment of Sandra Maloney, a Makaha resident accused of killing a peacock with a baseball bat.
"Upon further review, I realize I misconstrued the requirements of the extended coverage rule as applied in the Maloney case, and photographs and tape recording of the proceedings should have been permitted," Sumida said in an e-mail issued by the state judiciary.
"Please accept my sincere apology for the inconvenience I have caused," the e-mail said.
Sumida's apology came after a Honolulu Advertiser reporter e-mailed judiciary officials seeking comment on the judge's handling of the matter.
An audio recording provided by the judiciary shows that Sumida forbade Advertiser photographer Richard Ambo from taking photos and told Honolulu Star-Bulletin reporter Rosemarie Bernardo to not tape-record the arraignment, even though The Advertiser and television station KITV had filed the proper papers to allow all journalists to photograph, videotape and otherwise record the hearing.
The judge also ordered a court bailiff to ensure that Bernardo had erased her tape recording after she agreed to do so.
Sumida told the two journalists, the only ones there when the proceedings started later than expected, not to record the hearing after Maloney objected, saying she had been "smeared" nationally because of an interview she gave to KITV.
In a May 18 news report, Maloney told KITV the incessant noise from a peacock drove her "cuckoo" and prompted her to grab one by the tail and "whack him on the head" with a baseball bat.
Sumida, in his apology, said he misconstrued the rules. Under the rules of the Hawai'i Supreme Court, photographers, television cameras and tape recorders are allowed in a courtroom as long as a request is made with court officials and the presiding judge approves the request.
