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State v. Yi1/20/2004
d] ... also threatened to kill her." In issuing the order, the family court found that "there is probable cause to believe that a past act or acts of abuse have occurred, or that threats of abuse make it probable that acts of abuse by [Yi] may be imminent." [FN3]
FN2. Pom Sun Callahan (Pom) and Defendant-Appellant Kyong Su Yi (Yi) made up after the events recounted here and were still together at the time of trial and sentencing.
FN3. In June of 1999, Yi had been convicted of Assault in the Third Degree against Pom.
B. The Trial
At the trial against Yi held on October 24, 2001, four witnesses testified.
1.
Pom testified that on the morning of June 14, 2001, she and Yi were sleeping in the bedroom of her apartment when the telephone rang. Patrick Callahan (Patrick), her son from a previous marriage, answered the call, which was from a police officer asking for Yi. According to Pom, Patrick brought the phone to Yi, but because Yi did not understand what the police officer was saying, Yi passed the phone to Pom. Pom testified that the police officer then asked her if Yi was in the apartment and she responded affirmatively.
Pom testified that she realized that the police officer was checking to be sure Yi was in before coming to serve Yi with the TRO papers. She did not want to be in the apartment when the police officer arrived, so she got up, closed the bedroom door, and left her apartment. On her way out of her apartment building, Pom noticed Honolulu Police Officer William Lu (Officer Lu or the officer) outside the "security doors" of the building. She let Officer Lu in, told him that Yi was up in her apartment, and then went to visit a friend in the apartment building next door.
***2 Pom stated that about an hour later, she called her apartment. Patrick answered the phone and informed her that Yi and the police officer had just left the apartment. Pom remained at her friend's apartment for another hour and at about 11:00 a.m., decided to go back to her apartment. However, when she got to her apartment and saw Yi's shoes in front of the door, she backed 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, [FN4] and speaks only in Korean.
FN4. Pom testified that Yi owned his own auto body repair shop.
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
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