Hawaii’s high court on Thursday released an opinion overturning an Oahu murder conviction that could have profound ramifications on court proceedings across the state.
In the 3-2 ruling in the case of State v. Richard Obrero, the Hawaii Supreme Court Thursday determined that Hawaii Revised Statutes Section 801-1 precludes the state from initiating felony prosecutions by way of complaint and preliminary hearing before a judge. That means charges in all serious felony cases — for example murder, robbery, sexual assault, etc. — must be brought via grand jury indictment.
“Our office is extremely disappointed in the court’s decision in Obrero. This decision contradicts established criminal law practices and procedures which have been in place in Hawaii for the past forty years,” Prosecuting Attorney Kelden Waltjen in a statement released Thursday evening.
Waltjen also said the opinion disregards the intent of voters, interferes with law enforcement, and jeopardizes public safety.
“The decision impedes the commencement of criminal proceedings in arrest and charge situations for serious cases, including but not limited to murder, kidnapping, robbery, domestic violence, drug trafficking, and sexual assault. As a result, offenders may be released until prosecutors are able to proceed via information charging or schedule a grand jury presentation,” he said.
To make matters worse, not all criminal charges are eligible to be initiated via information charging and opportunities for grand jury presentation are limited, he said.
On the Big Island, the grand jury only meets two times a month in Hilo and once a month in Kona.
Chief Justice Rectenwald presented a dissenting opinion, stating in part “the fact remains that the Majority today reached a result that neither the legislature nor the electorate ever intended.”
Waltjen said his office is working to limit the “effect” of the Thursday Supreme Court ruling.
“I have reached out to our Hawaii State lawmakers and the Governor for their assistance to expedite the amendment of Section 801-1 to limit the adverse effects of Obrero,” said Waltjen. “This decision will not deter our Office from seeking justice for victims and working toward making Hawaii Island a safer place.”
As of press-time, public defenders had already filed written or given oral motions to dismiss cases for lack of jurisdiction in the wake of the Hawaii Supreme Court.
