Communication issues continue to delay arraignment for man charged with killing dog, assaulting owner

The arraignment and plea for a man charged with strangling a dog to death last month was postponed and rescheduled for the fourth time in court in Līhu‘e on Wednesday, as the defendant claimed he has not been allowed phone access from jail to speak with his attorney.

Jason Mearns, 47, appeared via Zoom from the  O‘ahu Community Correctional Center for his arraignment and plea for the March 17 incident, which involved him reportedly strangling a dog to death and then assaulting the pet’s owner outside the owner’s Kōloa residence. 

Mearns was subsequently arrested and charged with first-degree animal cruelty and third-degree assault. He is currently being held on $20,000 bail at OCCC. 

In court on Wednesday, Mearns told Fifth Circuit Court Judge Kathleen Watanabe he has been unable to talk to his attorney Mark Zenger.

“I was just trying to ask for a continuance because they (OCCC) wouldn’t let me make a phone call, and I was unable. Since I got out of mental health they took me out of the room,” he said.

Watanabe then advised Mearns to refrain from making statements. “Anything you say can be used against you,” she said. 

The arraignment was last postponed on April 1 to give Mearns time to speak with Zenger and decide how he wants to proceed.

Watanabe noted the arraignment delays will “not be attributed to the state,” and that the court has to “make extensive efforts” to set up hearings with Mearns due to him being in OCCC.

The reason for Mearns being in OCCC was not made entirely clear in court, which Zenger pointed out.

Zenger suggested an order for Mearns to appear in person to assist with logistical issues due to his “client being taken to O Triple C, apparently for some kind of medical reason.”

“I’m not comfortable pleading someone out without speaking to them face to face,” Zenger said. He noted that there are also possible mental health issue indications that need to be reviewed.

Zenger told the court that he called the jail and was told to leave his number for Mearns to call him back. “I did that and we haven’t talked yet,” he said, then stating his number out loud in court to make his number clear to Mearns.

Mearns stated he would be calling Zenger, but also said several times that he was having difficulty hearing through the jail telephone.

Mearns’ next court date was scheduled for April 9 at 9:30 a.m., which marks the fifth court date for his arraignment and plea.

In a phone conversation with Kaua‘i Now News following the hearing, Zenger clarified that he believes Mearns is being held in OCCC due to a physical injury.

He is not sure how or when Mearns suffered the injury, but confirmed it is not an injury that occurred during the alleged animal cruelty incident.

“The injuries were serious enough that he needed to be treated there (OCCC).”

Mearns will once again appear virtually during his court date next week. However, Zenger noted he did not want the court to decide on Mearns’ case without an in-person hearing. “Eventually, I’ll need a face-to-face meeting,” he said.

Zenger anticipates that he will have had a phone conversation with Mearns before the April 9 court date.

After that discussion, Zenger believes he will know more about how the case should be handled – either with a plea offer or a trial date.