A 24-year-old man, convicted and sentenced to 30 years in prison for raping a 78-year-old woman at a South Kohala beach park in 2019, was set free on Friday after reaching a plea agreement in a re-sentencing. Zeth Robert Browder, who had been convicted in 2021, pleaded guilty to third-degree sexual assault, a lesser offense, and was sentenced to five years in prison, with credit for time already served. He had served 5-1/2 years and is expected to return to his home in the Midwest, according to his attorney.

Browder’s conviction was overturned in June following a state Supreme Court decision, which found prosecutorial misconduct during the original trial. The court’s majority ruling, in a 3-2 split, vacated the conviction and called for a new trial. Rather than face a new trial, which was set to begin this week, Browder opted to plead guilty to a lesser charge.

His defense attorney, Walter Rodby, negotiated the plea deal with the Honolulu Prosecutor’s Office, allowing Browder to plead to a Class C felony, which carries a sentence of up to five years in prison. The court also ordered Browder to pay restitution to the victim and the Crime Victim Compensation Commission, totaling $6,906.18.

Browder’s case stems from an attack on June 15, 2019, when he assaulted the 78-year-old woman in her tent at Spencer Beach in South Kohala. Browder, who was 18 at the time, was convicted in December 2021 on charges including two counts of first-degree sexual assault, kidnapping, burglary, and tampering with evidence. He was sentenced to 30 years in prison, with 20 years for the sexual assault charges to run concurrently, and an additional 10 years for the other charges.

However, Browder’s conviction was appealed on the grounds of prosecutorial misconduct. During the trial, the prosecution made comments in its closing arguments that the defense argued improperly influenced the jury. Specifically, the prosecutor referred to the victim’s testimony, stating that her emotional demeanor on the stand was consistent with someone who had been traumatized, which the defense argued amounted to the introduction of new evidence and personal opinion on the victim’s credibility.

The Intermediate Court of Appeals initially sided with Browder, ordering a new trial but not addressing the comments about the victim’s trauma. Browder’s attorney appealed this decision to the state Supreme Court, which found that the prosecution’s remarks about the victim’s credibility violated Browder’s right to a fair trial.

In a dissenting opinion, Justice Lisa Ginoza and Chief Justice Mark Recktenwald argued that the prosecutor’s comments were not misconduct and did not undermine the fairness of the trial, as they were based on facts presented during the trial. The dissenting justices emphasized that the prosecutor was simply providing context for the victim’s emotional state.

Despite the mixed rulings, Browder’s decision to plead guilty to third-degree sexual assault effectively ended the case. The victim, now in her 80s, would have had to testify again if a new trial proceeded.

Browder was also ordered to pay $2,878.60 in restitution to the victim, as well as $4,027.58 to the Crime Victim Compensation Commission.

In statements, Browder’s defense attorney Rodby indicated that there was evidence pointing to other potential suspects, and that Browder’s case had been marred by insufficient investigation of other individuals present at the park during the incident.