Attorney Thomas Otake made a bold move this second week of July by filing a Motion to Dismiss Murder Charges against his client, which is one of three officers charged with the murder of 16-year-old Micronesian teenager Iremember Sykap.
In the motion, he argues the charges of second-degree murder against officer Geoffrey H.L. Thom, 42, a five-year veteran of the force, and second-degree attempted murder against Zackary K. Ah Nee, 26, a three-year HPD veteran, and his partner Christopher J. Fredeluces, 40, who has 10 years of service with the department, should be dismissed with prejudice because prosecuting them by way of a complaint and preliminary hearing after an Oahu grand jury declined to return a true bill is "statutorily and constitutionally impermissible."
Also in this podcast the the issue of double arrests per a single charge, which is typical in the state of Hawaii. Unfortunately, clients often times have to be booked TWICE for the same criminal matter. In some cases the original bail bond transfers over to the second booking, however, in many cases, a second bond posting is required.
0:20 Attorney Thomas Otake’s motion to dismiss murder charges on “The 3”
1:18 Prosecutors are NOT allowed to prosecute class A felonies via preliminary hearing
3:00 No Bill means the Grand Jury rejected prosecution on The 3
5:53 YES or NO, does the District Court have authority to indict Class A felonies?
7:11 Hawaii constitution protects citizen from certain charging procedures
11:53 Either District court may proceed in class A indictment or it can open up an appellate bomb (an appeal)
13:45 Bill Cosby immunity example
14:25 - Justice is procedural
22:23 - Government overreach - Police and Prosecutors M.O.
33:40 Victor talks about his big dismissal win because of a defective grand jury proceeding.