Suspect in violent sex assault cites COVID-19, speedy trial violation in release requests

HONOLULU, Hawaii (HawaiiNewsNow) - The trial for a man accused in the brutal sex assault of an elderly Big Island woman last year is on hold indefinitely because of the COVID-19 outbreak — and the suspect continues to push for his release.

Zeth Browder was 18 years old when he allegedly raped an elderly woman last June.

According to prosecutors, he got into her tent at Spencer Beach Park in Kawaihae while she slept and assaulted her. He is charged with four counts of sex assault, kidnapping and burglary and remains in jail, unable to afford the $166,000 bail.

In March, however, his public defender requested his release “due to the extraordinary circumstances related to the COVID-19 pandemic.” The motion continued, “The health risk to defendant is heightened because of his young age," citing conditions at the Hawaii County Correctional Center.

“I was surprised that they used the argument that because he’s 19 and never been in jail, that he’s at a higher risk to get an infection because he’s still in custody," said legal expert Victor Bakke.

"That to me, seemed to be a very weak argument.”

The judge denied the motion and trial was scheduled for next week.

On May 13, the city Prosecutor’s Office requested a delay because the elderly victim lives in Colorado and her doctor doesn’t want her to travel during the pandemic.

Browder’s deputy public defender opposed that request saying a delay violates Rule 48, the right to a speedy trial.

“The defendant sympathizes with the complainant’s pre-existing health conditions and the threat COVID-19 poses but it should be noted that as of the writing of this opposition, the island of Hawaii has no active COVID-19 cases and is most likely the safest place to be in the United States” the motion read.

Acting Honolulu Prosecutor Dwight Nadamoto called that argument “absurd."

“It’s dangerous for somebody who is prison where there is no COVID, but it’s not dangerous for a 78-year old woman, who is a cancer survivor with preexisting medical conditions?” he said.

On Friday, Hawaii Supreme Court Chief Justice Mark Recktenwald issued an order suspending jury trials until after June 30 to minimize the risk of spreading the virus and no new trial date for Browder has been set.

The public defender’s office told Hawaii News Now that Browder is not part of the hundreds of pretrial detainees their office identified for release last month as part of the Supreme Court’s interim orders to ease jail overcrowding.

Rather, the release request was Browder’s attorney acting on his behalf.

“This was an individual motion filed by an individual attorney at the defendant’s request," the statement from the Deputy Public Defender said.

“This particular defendant would not have been included in the Supreme Court’s interim order releases because the Office of the Public Defender did not include inmates charged or convicted of sexual assault."

Regarding the second motion for release based on Rule 48, the statement said, “Counsel was zealously asserting his client’s right to a speedy trial because he has every intention of clearing his name at trial.”

While the alleged assault happened on the Big Island, the Hawaii County Prosecuting Attorney’s office was conflicted out of the case for an undisclosed reason and that is why Nadamoto is working with a special deputy attorney general on the case.

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