MANOA (HawaiiNewsNow) - A Honolulu judge has thrown out key evidence in the case against a Manoa “dorm mother” accused of sexually assaulting one of her exchange students.
The 16-year-old boy moved here from Japan to attend school and claims Rika Shimizu, 36, sexually assaulted him repeatedly against his will.
Shimizu is charged with nine counts of sex assault and is accused of taking advantage of the teen who was bedridden with an injury and threatened to keep him quiet.
On Tuesday, Judge Glenn Kim found serious flaws in the police investigation saying Honolulu police officers did not have a warrant to enter her dorm-style home in Manoa or a warrant to arrest her and failed to provide Shimizu with an interpreter or notify the Japanese consulate, as required by law.
“She’s a Japanese national who speaks very little English and they failed to use the interpreter to accurately explain her Miranda rights to her and basically, it turned into one big torture session over a period of several days,” said Shimizu’s attorney Victor Bakke.
Bakke said his client called 911 during her arrest in March because she was unaware the men who entered her home where undercover police officers. He said Shimizu had no idea the men were actually police there to arrest her and thought they were criminals were breaking into her home.
In the phone call, Shimizu identifies herself and tells the emergency operator that three guys are knocking on her house door. She also repeatedly says, “I'm scared” and “Don't touch me.”
Prosecutors submitted that 911 call into evidence to prove she could speak English. But Bakke said it only proves police didn’t follow proper procedures during the arrest.
“She was traumatized by this. These people showed up in plain clothes and just came into the house and she retreated to the second floor and called 911 and the operator for 911 was telling her, ‘Stay where you are, we’re sending police there.’ But police are already there," said Bakke. “That gives you an idea of the way they were behaving.”
Judge Kim ruled to throw out Shimizu’s three-and-a-half-hour statement to police.
“The judge thought that the police conduct in this case was in his terms, “outrageous” which is pretty strong words coming from a judge in a case like this,” Bakke said.
Hawaii News Now reached out to the Honolulu Police Department and the Honolulu Prosecutors Office for comment, but did not receive a response.
Shimizu’s trial is scheduled for January 7, 2019.
This story will be updated.