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The Honolulu Advertiser
Posted on: Tuesday, August 11, 2009

Motorist in deadly crash seeks parole, denies guilt


By Will Hoover
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Attorney John Schum argues before the parole board for the release of John Szemkow. He is in prison for causing the deaths of four farm workers in a crash on Kunia Road.

RICHARD AMBO | The Honolulu Advertiser

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John Szemkow, convicted of causing an accident three years ago in Kunia that killed four farm workers and injured eight others, yesterday told the Hawai'i Paroling Authority he is sorry about the people killed in the crash, but that he doesn't think he was responsible for it.

Szemkow is asking the board to grant his request for parole.

"I can honestly look you in the eye and tell you I do not know what happened that day," Szemkow told the board during the 15-minute hearing. "I feel bad for all the people that died. Every day of my life I pray for them."

But he added, "I think the community, once they have all the facts, will be able to come to a conclusion to find that I wasn't responsible for this accident — that I'm the wrong guy to blame."

Paroling Authority Chairman Albert Tufono said the board would give Szemkow its written decision within a couple of days.

Szemkow, 49, is serving a 10-year sentence for leaving the scene of an accident on Kunia Road on April 6, 2006. Killed were Aquilina Polendey, 57, and Ana Sacalamitao, 46, of Waipahu; and Lorna Laroco, 53, and Gertrudis Montano, 59, of 'Ewa Beach.

The women were among a dozen farm workers riding in the bed of a red pickup truck that swerved to avoid an oncoming vehicle. The pickup then veered into oncoming traffic and collided head-on with a cement truck. Szemkow was convicted of being the driver of the car that caused the truck to swerve.

City Deputy Prosecutor Franklin "Don" Pacarro Jr. told the board that Szemkow should serve a minimum of four years — one year for each person killed.

"Our position has not changed," Pacarro said. "We still believe Mr. Szemkow should not be paroled."

Defense attorney John Schum told the three-member panel that Szemkow has served his time for the negligent-homicide charges, and prior evidence given to the board based on a police report indicates that Szemkow may not have knowingly left the scene of the accident.

Szemkow's case never went to trial. In April 2008 he pleaded no contest to the charges of leaving the scene of an accident and negligent homicide. At the time he said he was doing so in order to spare the families of the victims the ordeal of a long trial.

But Szemkow was noticeably shaken on Aug. 6, 2008, when he was sentenced to 10 years for leaving the scene.

On Jan. 9 the parole board ruled that he was eligible for parole after having served five months. At a Feb. 10 parole hearing the three-member panel expressed doubts that Szemkow knowingly left the scene of the accident.

"We need to make sure we have the right guy in prison," Tufono said at the time. The board later told Szemkow that he would have to complete a one-year sentence for four counts of third-degree negligent homicide stemming from the Kunia incident. That sentence ended on Saturday.