Hawaii man imprisoned for 1991 homicide and rape of vacationer launched after choose hears new proof of innocence - Upsmag - Magazine News

Hawaii man imprisoned for 1991 homicide and rape of vacationer launched after choose hears new proof of innocence

HONOLULU — A choose on Tuesday ordered a person launched from jail instantly after his attorneys introduced new proof and argued that he didn’t commit the crimes he was convicted of and spent greater than 20 years locked up for: the 1991 homicide, kidnapping and sexual assault of a lady visiting Hawaii.

Albert “Ian” Schweitzer, who was convicted in 2000 and sentenced to 130 years in jail, needs to be “launched from his shackles instantly,” Choose Peter Kubota dominated.

That prompted applause within the Hilo courtroom and hugs for Schweitzer, who was flown to the Huge Island for the listening to from the Arizona jail the place he was serving his sentence.

A court docket officer removes Albert Schweitzer’s handcuffs at a listening to in Hilo, Hawaii, on Jan. 24, 2023. Marco Garcia / AP

“My emotions had been everywhere,” Schweitzer informed the AP throughout a cellphone interview in recalling the second of his launch. “Nerves, nervousness, scared.”

The justice system is “flawed,” he mentioned, calling himself one in every of many imprisoned for crimes they didn’t commit. He earlier informed reporters that he was “grateful” for the choose doing the “honorable factor.”

A petition filed late Monday outlined extra proof in one in every of Hawaii’s largest murders, which unfolded on Christmas Eve in 1991 on the Huge Island.

Dana Eire, 23, was discovered barely alive within the bushes alongside a fishing path in Puna, a distant part of the island. She had been sexually assaulted and overwhelmed, and later died at Hilo Medical Heart. The mangled bicycle she had been driving was discovered a number of miles away and appeared to have been run into by a automobile.

The slaying of the blond-haired, blue-eyed customer from Virginia gained nationwide consideration and remained unsolved for years, placing intense stress on police to seek out the killer.

“Each time you may have a white, feminine sufferer … it will get much more consideration than individuals of colour and Native Hawaiians,” mentioned Kenneth Lawson, co-director of the Hawaii Innocence Challenge. “The mother and father, understandably, had been changing into increasingly infuriated. … There was insurmountable stress to resolve this case. And when that occurs, errors are made. Some intentional and a few unintentional.”

Eire’s relations couldn’t instantly be reached for touch upon the petition and Schweitzer’s launch. Prosecutors didn’t instantly touch upon Schweitzer’s launch.

With assist from the Innocence Challenge in New York, the co-counsel within the case, Lawson’s group represented Schweitzer, the final of three Native Hawaiian males convicted in Eire’s dying who had remained imprisoned.

DNA proof beforehand submitted within the case belonged to an unknown man and all three of the convicted males had been excluded as sources.

New DNA proof, based on the petition, reveals a “Jimmy Z” model T-shirt discovered close to Eire and soaked along with her blood belonged to the identical unknown man, and to not one of many three males, as prosecutors claimed.

Moreover, a brand new tire tread evaluation concluded Schweitzer’s Volkswagen Beetle automotive didn’t depart tire marks at both location the place Eire and her bicycle had been discovered. A forensic odontologist additionally concluded an damage on her left breast wasn’t a bitemark, as beforehand believed, the petition mentioned.

“At a brand new trial at present, a jury wouldn’t convict Mr. Schweitzer of Ms. Eire’s sexual assault and homicide,” the petition mentioned. “Actually, a prosecutor would seemingly not even arrest Mr. Schweitzer for this crime.”

The probability that each one three males participated in a sexual assault and left no hint of organic proof — together with an absence of proof uncovered with superior forensic testing — is “terribly inconceivable,” the petition mentioned.

In 2019, Schweitzer’s attorneys and Hawaii County prosecutors entered right into a “conviction integrity settlement” to reinvestigate the case. It was the primary time in Hawaii there was the sort of settlement, Lawson mentioned, which is more and more getting used to reexamine questionable convictions and guard towards future errors.

“During the last three years, we have now shared data and re-examined forensic proof. Irrespective of the result in these post-conviction proceedings, we stay dedicated to figuring out unknown male #1 and in search of justice for Dana Eire and her `ohana,” Hawaii County Prosecuting Lawyer Kelden Waltjen mentioned in a press release earlier than the ruling, utilizing the Hawaiian phrase for “household.”

Nonetheless, Deputy Prosecuting Lawyer Shannon Kagawa requested the choose to disclaim the petition, saying the brand new proof wouldn’t change the result of a brand new trial.

Kubota disagreed, saying that primarily based on the brand new proof, a jury would acquit Schweitzer.

A lot of the background on the Eire case is detailed in a doc filed with the petition itemizing details that protection attorneys and prosecutors have stipulated.

In 1994, police made what they believed to be a significant breakthrough. A person dealing with fees for his position in a cocaine conspiracy contacted police and claimed his half-brother, Frank Pauline Jr., witnessed Eire’s assault, based on the stipulated details doc.

Police interviewed Pauline, who was in his third month of a 10-year sentence for an unrelated intercourse assault and theft. He claimed brothers Ian and Shawn Schweitzer attacked and killed Eire. However he was interviewed at the least seven instances and gave inconsistent accounts every time, finally incriminating himself, the stipulation doc mentioned.

Regardless of the shortage of proof linking them to the killing, the 2 Schweitzers and Pauline had been indicted in 1997.

At one level the costs had been dismissed as a result of all three males had been excluded because the supply of semen present in Eire and on a hospital gurney sheet. They had been indicted once more after one other informant claimed Ian Schweitzer confessed to him in jail that Pauline raped and killed Eire.

Pauline later mentioned he provided particulars to police in regards to the Eire homicide to be able to get drug fees dropped towards his half-brother.

In a jail interview with the A&E present “American Justice,” Pauline in contrast his story to the story of the boy who cried wolf. “Wasn’t me,” he mentioned in a robust Hawaii Pidgin accent. However when he began telling the reality, he mentioned nobody believed him.

Shawn Schweitzer took a deal to plead responsible to manslaughter and kidnapping — and obtain credit score for a few 12 months served and 5 years of probation — after seeing juries convict Pauline and his brother in 2000.

In October, Shawn Schweitzer met with prosecutors and recanted. In keeping with the stipulation doc, he pleaded responsible as a result of his “mother and father didn’t need to danger dropping one other son and inspired Shawn Schweitzer to do what he wanted to do to come back residence and never endure the identical destiny as his brother.”

Shawn Schweitzer “continues to really feel immense guilt about agreeing to the confession and coming into a responsible plea for a criminal offense he didn’t commit and falsely implicating his brother,” the doc mentioned.

A polygraph check in November confirmed he was telling the reality when he denied any involvement within the homicide, the doc mentioned.

Pauline was killed in a New Mexico jail by a fellow inmate in 2015.

Being again in Hawaii “tastes nice,” Schweitzer informed the AP.

“The air is sweet,” he mentioned. “The water is sweet.”

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