Man released from prison with a written plan to clean up ‘inactions’

The Maui News

WAILUKU — A man who had been serving a prison term was released from jail Friday to carry out his plans, including evicting illegal tenants and clearing abandoned vehicles from his property in Wailuku.

Duane Bertlemann, 56, was placed on four years’ probation after 2nd Circuit Judge Rhonda Loo granted the defense request to reconsider his five-year prison sentence.

She had imposed the prison sentence on July 8, 2016, after Bertlemann didn’t follow through with requirements, including clearing his lot on Waiale Drive, said Deputy Public Defender William “Pili” McGrath.

Bertlemann had pleaded no contest to third-degree promotion of a dangerous drug and possessing drug paraphernalia in connection with a 2015 arrest.

While Bertlemann was housed at Halawa Correctional Facility on Oahu, McGrath and Deputy Prosecutor Tracy Jones discussed his case.

“He’s had a year at Halawa to think about this,” McGrath said. “He knows why he’s there — his inactions. This is another example of people essentially breaking into prison.”

In a written plan, Bertlemann pledged to clean up the Waiale Drive property by removing abandoned vehicles and evicting and filing temporary restraining orders against people who are illegally there. He also said he would have the property fenced and post no-trespassing signs.

Bertlemann said he would check in and comply with probation, attend drug treatment classes and support group meetings, participate in a Christian support group and make payments to become up to date on his property taxes. 

“You wrote this plan,” Judge Loo told Bertlemann. “This plan has to be fulfilled to a T. Every single condition you wrote has to be completed.”

If Bertlemann doesn’t meet all the conditions by Jan. 31, “You are going back to prison,” Loo told him.

As part of his probation, Bertlemann was ordered to work and perform 200 hours of community service. He was ordered not to consume alcohol or illegal drugs.