Attorney: Jaylin Kema has health-related reasons for violating probation terms

A hearing on Hawaii island to review the status of Jaylin Kema’s probation has been continued.

Court documents claim the mother of “Peter Boy” Kema is not complying with the terms and conditions of her probation, and her probation officer is recommending that her probation be revoked.

In a Hilo courtroom Thursday morning, Kema’s attorney asked for a continuance, which was granted by the judge. Click here to view the full update.

Kema was sentenced to one year in prison, which she already served, and 10 years of probation back in June in a deal that had her pleading guilty to manslaughter in connection with her son’s death.

In July, Kema received a warning for not following the terms of her probation. According to a court document, she was late for an appointment with her probation officer, missed another one entirely, changed her phone number and failed to report it, and tested positive for marijuana.

According to a new court filing by her probation officer, after that warning, Kema once again tested positive for marijuana and admitted to using on two separate occasions.

Kema’s probation rules specifically prohibit her from using drugs:

“You shall not own, use, possess, or consume any illegal drugs, including marijuana, prescription medication for which you do not have the prescription, nor possess any drug-related paraphernalia.”

Now, she could be facing up to 20 years behind bars for violating her probation.

Kema’s court-appointed attorney, Brian Delima, tells us Kema has a doctor’s note advising her to use marijuana for “health issues.”

She just hasn’t completed the process to obtain a medical marijuana card, he says.

Under Hawaii law, the medical marijuana program does not discriminate against anyone, including felons.

We asked criminal defense attorney Michael Green, who is not related to the case, whether Kema’s reason for violating probation is allowed.

“It depends how gray the lawyer or court wants to make it,” Green said. “If that comes up, it’s a simple process for the lawyer to petition the court, to modify the terms and conditions of her probation. The doctor is saying there’s a medical reason to use it. You don’t wait to get caught multiple times and come up with a reason.”

Green says it’s up to the judge to decide if Kema’s reason is valid.

“I’d like to see the date the doctor wrote on that note. If the doctor is saying you can use it for this condition, it better be before she turned up dirty,” Green said.

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