Overview

• On Oct. 8, Hilo Circuit Court Judge Peter Kubota paused the pending criminal proceedings and ordered an assessment of Penn’s fitness and penal responsibility.
• A licensed physician with Hawaii’s Adult Mental Health Division will conduct the evaluation and report on Penn’s capacity to understand the case and assist his defense.
• The court set Jan. 9, 2026, for the next hearing, with the examiner’s opinion due within seven days of that date.
• If found unfit to proceed, Penn could be remanded to an appropriate facility for detention, care, and treatment, according to court filings.
• Penn, 46, has been arrested five times since late May and faces charges including abuse of a family member, refusing to comply with a police officer, and restraining order violations; his mother holds a one-year protection order and alleges Capgras-like delusions and misconduct at her home.