Hawaii appeals court hears case on State’s responsibility on Peter Boy’s death

HONOLULU (KHON2) — It was 27-years-ago that people in Hawaii were asking, "where is Peter Boy?"

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Three years ago, Peter Boy's surviving siblings and estate won a partial judgement in their wrongful death lawsuit, alleging the state failed to act on clear signs of abuse. A failure they believe led to his death.

Today, justices in Hawaii's Intermediate Court of Appeals heard oral arguments from the state, who contend the statute of limitations expired long ago and the plaintiffs do not have standing to sue.

"The plaintiffs only allege they were dependent upon Peter boy for love and affection and emotional support," argued Skyler Cruz, Deputy Attorney General, representing Defendant-Appellant state of Hawaii Department of Human Services.

"All we have is what's written and it does say any of the persons and in reference to 'loss of love and affection.' That seems incredibly broad to me," said Judge James Ashford, Hawaii Court of Appeals.

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"Interpreting the statute so broadly would give anyone the right to sue for wrongful death of anyone else that they had love and affection and emotional support with. This could include aunts and uncles, grandparents and even close friends," said Cruz.

The plaintiff's attorney argue the opposite. That the statute of limitations does not apply to this case because there was no definitive date of Peter Boy's death and the state's alleged negligence warrants accountability.

"They were wards of the state, they went from foster home to foster home for years. They had no ability to file anything. The state had no interest in helping them," argued Randall Rosenberg, attorney for the plaintiffs.

Peter Boy's father and mother, were convicted of manslaughter. Peter Kema, Sr. is serving a 20-year sentence. Jaylin Kema died in 2019 of kidney failure.

The outcome of this appeal may set a precedent for future cases involving the state's duty to act on reports of child abuse.

"I think they're gonna have to settle the case and it's going to take a lot of money for them to settle," said Rosenberg on if the court rules for the plaintiffs. "That's going to, I hope, encourage social workers who work for the state to do a much better job, pay more attention."

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The court can take anywhere from two weeks to two months to decide on the case.