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Conflict Delays Bail Hearing For Deacon Accused Of Abusing Minor

Judge Recuses Self From Proceeding Because Of Relationship With Defense Attorney

POSTED: 2:19 pm HST July 29, 2005

James Ronald Gonsalves
A Catholic deacon accused of sex abuse appeared in a Maui courtroom Friday for a bail hearing, but due to an unusual twist in the proceedings, James Ronald Gonsalves remains in jail without the hearing.

Police charged Gonsalves with 62 counts of sexual assault against a boy. Officers arrested Gonsalves on Wednesday. He is being held on $790,000 bail.

Gonsalves appeared in Circuit Court Friday morning with his attorney, Philip Lowenthal.

At the start of the hearing, Judge Joel August announced he would recuse himself from the case. August and Lowenthal, one of the state's noted defense attorneys, shared a Wailuku law practice for more than 20 years until August was selected as a judge in 2002.

"Judges are bound by an ethical code. It's called the Code of Judicial Conduct and that states out that judges are supposed to avoid even the mere appearance of an impropriety," Lowenthal said.

Judge Joel August
Gonsalves was the deacon at St. Ann Church from 1999 until a month ago when Honolulu diocese officials placed him on paid administrative leave when the allegations arose.

Maui police said the sexual assaults took place multiple times over a three-year period, starting when the boy was 12 years old.

Gonsalves remains at Maui Community Correctional Center. His bail hearing has been rescheduled for Monday morning.

Circuit Court Judge Shackley Raffetto will preside over the matter.


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