WAILUKU - A judge kept bail at $250,000 Tuesday for a Kahului man indicted on charges alleging he sexually assaulted a girl.
A Nov. 26 trial is scheduled for Alan M. Santos, 49, who has pleaded not guilty to charges of first-degree sexual assault and two counts of third-degree sexual assault.
In court Tuesday, Deputy Public Defender Danielle Sears asked that Santos' bail be reduced to $10,000, so he could afford a bail bond to be released. "He's not a flight risk," Sears said.
Santos is a lifelong Maui resident.
But First Deputy Prosecuting Attorney Robert Rivera said that a bail study recommending a bail reduction for Santos didn't take into account his dangerousness.
He said Santos was indicted after the victim, who is related to Santos, disclosed being sexually assaulted by him eight years ago when she was 5 years old. After the allegations surfaced, Santos went to the victim's home and "intimidated them in a way that police had to be called," Rivera said.
"The family is fearful of retaliation," he said.
Rivera said Santos' prior criminal record includes a conviction for harassment, with the charge reduced from third-degree assault. Santos was given a chance to keep three harassment convictions off his record in 2005 after the charges were reduced from temporary restraining order violations, Rivera said.
Saying he was considering dangerousness as well as facts and circumstances of the case, 2nd Circuit Judge Joseph Cardoza ordered that Santos' bail continue.
Santos was ordered to have no contact with the victim and not to consume alcohol or illegal drugs.
Santos is being held at the Maui Community Correctional Center.
He was among 66 fugitives arrested on Maui during a three-day sweep last week.