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[T] State v. Yi1/20/2004
ed away and returned to her friend's apartment. She then called "911" and informed the police that Yi was still at her apartment and "not supposed to be there."
On cross-examination, Pom stated that she and Yi converse with each other in Korean. Additionally, Yi watches only Korean television programs, reads only Korean newspapers, has only Korean friends, and speaks only in Korean.
2.
Patrick testified that he answered the door when Officer Lu arrived at the apartment to serve the TRO on Yi. Patrick called Yi, who went outside the apartment door to talk to the officer, although according to Patrick, Yi "didn't really talk, he just mostly listened[.]" Patrick was at his computer when he heard the officer tell Yi, "You can't come back here, you know[.]" Thereafter, according to Patrick, Yi "just got a couple clothes, and then he left" with the officer. However, Yi returned to the apartment about five or ten minutes later, got some more work clothes, "had a couple beers[,]" and was looking through Pom's phone book, trying to find her. Yi also asked Patrick where Pom was, and Patrick answered truthfully that he didn't know. Later that morning, Pom called Patrick to inquire if Yi was still present. Patrick responded yes, then hung up the phone. When Yi asked Patrick who had been on the phone, Patrick responded, "A friend of mine."
On cross-examination, Patrick said that he does not speak Korean and doesn't speak with Yi "at all." Additionally, Yi watches Korean television programs and occasionally reads a Korean newspaper. Patrick also agreed that when Yi returned to the apartment after initially leaving with Officer Lu, Yi got some work clothes and left the apartment before Pom returned.
3.
Officer Lu testified that he served Yi with the TRO on June 14, 2001 and then explained to Yi, in English, "why the was issued, and the -- the orders or the instructions from the Judge as what was allowed and not allowed to do." Officer Lu gave the explanation by reading to Yi "verbatim" the prohibitions listed in the TRO against Yi. Officer Lu recognized that Yi spoke in broken English and had a foreign accent. However, no request was made for the presence of an interpreter to communicate with Yi because Yi never asked for an interpreter nor indicated that he did not understand what Officer Lu was telling him. It also appeared that Yi understood what Officer Lu was saying.
Officer Lu also testified that Yi signed a proof of service document, acknowledging that he had been served personally with the TRO. Thereafter, Officer Lu asked Yi if he needed "to take any personal belongings with him 'cause he's not authorized to come back[.]" Yi then went to the bedroom, got dressed, "took his personal items, wallet, keys, that kind of thing," and then left the apartment with Officer Lu.
According to Officer Lu, at about 11:05 or 11:10 the same morning, he received a call from the Honolulu Police Department dispatcher that Yi was back at Pom's apartment. Officer Lu returned to the apartment, could not find Yi, and learned from witnesses who were in the area that Yi sometimes drove Pom's vehicle. Shortly thereafter, Officer Lu saw a vehicle matching the description of Pom's vehicle, radioed another officer to stop the vehicle, and placed Yi under arrest for Violation of a TRO. During the arrest process, Officer Lu asked Yi numerous questions and gave Yi numerous directions in English. Yi answered the questions and complied with the directions and did not appear to lack understanding of what was being communicated to him.
4.
Yi testified through an interpreter that he did not understand the TRO papers served
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