Candidate for state House seat asks for bail reduction

Marten says he needs to work to escape foreclosure of family home, vacation rental

WAILUKU -- Republican state House candidate Chayne Marten, who has been jailed on $650,000 bail while facing sexual assault charges, asked for his bail to be reduced Thursday so he could work to prevent foreclosure of his Napili residence.

In addition to having his home in foreclosure, "his vacation rental on Kauai is headed in that direction," said Deputy Public Defender Wendy Hudson.

"The family's pretty much going to be in dire straits pretty soon," she said, arguing for Marten's release on supervision or for a reduction in his bail to $30,000.

Second Circuit Judge Richard Bissen denied Marten's requests, keeping bail at $650,000. Bissen said no new information was presented Thursday to warrant reconsideration of 2nd Circuit Judge Peter Cahill's decision Oct. 14 to maintain Marten's bail.

"It sounds like he's still not employed," Bissen said. "There's nothing new."

Marten, 64, has pleaded not guilty to five counts of first-degree sexual assault, three counts of third-degree sexual assault and endangering the welfare of a minor.

The alleged sexual assaults occurred between Dec. 6, 2007, and Dec. 6, 2010, involving sexual contact and penetration of a girl who was between ages 7 and 10, according to the prosecution. The girl is a family member.

Police arrested Marten on the indictment Oct. 11.

Marten is on the Nov. 8 ballot as the Republican candidate for the state House of Representatives District 10 seat representing West Maui, Maalaea and north Kihei. He is running for the third time against incumbent Angus McKelvey, a Democrat who has represented the district since 2007.

In court Thursday, Hudson said Marten has no prior criminal record and isn't a flight risk. "He wants to defend himself on these charges," she said.

She said Marten does have employment, running his vacation rental on Kauai to generate income for his Napili house, where he lives with his mother, wife and two children.

"If he was released, he would be able to work and try to rent out that vacation rental," Hudson said. "He needs to be out to work."

When Hudson said Marten also was running for office, Bissen said, "I'm talking about current employment, not foreseeable employment."

Deputy Prosecutor Annalisa Bernard Lee said the prosecution opposed any reduction in Marten's bail.

Hudson said $650,000 bail "effectively means no bail" for Marten.

"It is a high amount," Bissen said. "These are serious charges."

A Dec. 1 pretrial hearing is set for Marten.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.