Sex assault charges dismissed against custodian - Hawaii News Now - KGMB and KHNL

Sex assault charges dismissed against custodian

HONOLULU (HawaiiNewsNow) - A state judge has dismissed sex assault charges against a school custodian accused of molesting a five-year-old boy.

Victor Bakke, James Holt's attorney, said his client's arrest was based on a "show up" identification where police brought the victim to Holt and asked the boy if Holt was the man who molested him.

He also said that Holt passed a police polygraph test.

"When you do a police show up like that, it is impermissible ... it's so suggestive," said Bakke.

Speaking publicly for the first time since his arrest, the 54-year-old Holt said the experience has taken an emotional toll on him.

"It's hard to be accused of something like that and then treated by the HPD the way they treated me like a child molester, which I ain't," said Holt.

"To be charged with something like this is devastating. I never expected this to happen to me."

District Judge Linda Luke dismissed the case without prejudice, meaning that prosecutors can re-file the charges. But she's giving them just 60 days to do so, or the case would be dropped permanently.

Deputy Prosecutor Kyle Dowd said the investigation remains ongoing.

Holt remains on unpaid suspension and can't return to work until the criminal case is resolved.

"I've been around kids all my life. I would never do that with any child," he said.

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