Judge Kubota
Appearances
Crime Junkie
MURDERED: Dana Ireland
It is the judgment of this court that the new DNA evidence, the tire tread evidence... The bite mark evidence and Sean Schweitzer's recantation conclusively proves that in a new trial, a jury would likely reach a different verdict of acquittal. So therefore, the conviction of Albertine Schweitzer for murder in the second degree, kidnapping, and sexual assault in the first degree is hereby vacated.
Crime Junkie
MURDERED: Dana Ireland
51. Okay. The question is, how do you make up for that lost time? And I'll give you a bit of advice. You live roughly one-third of your life. You've got one-third of your life ahead of you. You can live it being angry and resentful at the process or the people that put you there, or you can live it with a new freedom, all right?
Crime Junkie
MURDERED: Dana Ireland
I suggest that since you have your whole family here, you hug and love your family and live a fulfilled life and make the best of the next one-third of your life. So after we conclude this proceeding, the family of Mr. Schweitzer are allowed to come across the bar. No one else is allowed to come forward to greet Mr. Schweitzer. Mr. Schweitzer shall be released from his shackles immediately.
THREE
Probable Cause | Chapter 8
Calling case number 3, CSP 23-3, Albert E. Schweitzer v. State of Hawaii. Also on the calendar is 3, CSP 23-17. John Swipes v. State of Hawaii. One motion for finding of actual innocence filed March 7, 2024. to a joint petition for relief pursuant to HRS Chapter 16.
THREE
Probable Cause | Chapter 8
Good morning. So we have several matters to deal with today. First of all, let us get to the state's motion to continue this matter. State's asking to continue the hearings on the grounds that there's continuing investigation and they wish to continue for three weeks. The court will also note that the motion for finding of actual innocence was filed by the Schweitzer brothers on March 7, 2024.
THREE
Probable Cause | Chapter 8
That's almost five months ago that this motion has been pending, and the state filed its response on Friday, last week Friday, as I ordered them to do. So the court is prepared to go forward on this motion for finding of actual innocence. But prior to today's hearing, new matters have come up which are of material importance as to the motion for finding of actual innocence.
THREE
Probable Cause | Chapter 8
So prior to getting to the motion for a finding of actual innocence, the court will hear the arguments on the motion to preserve and the motion to compel discovery.
THREE
Christmas in Hawai’i | Chapter 1
There's a judgment of this court that the new DNA evidence, the tire tread evidence... The bite mark evidence and Sean Schweitzer's recantation conclusively proves that in a new trial, a jury would likely reach a different verdict of acquittal. So therefore, the conviction of Albertine Schweitzer for murder in the second degree, kidnapping, and sexual assault in the first degree is hereby vacated.
THREE
Christmas in Hawai’i | Chapter 1
And Mr. Schweitzer shall be released immediately from custody in this trial. So Mr. Schweitzer, I'm going to ask you directly. You've spent roughly half of your life so far as a free man and another half of your life in prison. How old are you now? One. You're one. Okay. The question is, how do you make up for that lost time? And I'll give you a bit of advice.
THREE
Christmas in Hawai’i | Chapter 1
You live roughly one-third of your life. You've got one-third of your life ahead of you. You can live it being angry and resentful at the process or the people that put you there, or you can live it with a new freedom. I suggest that since you have your whole family here, you hug and love your family and live a fulfilled life and make the best of the next one-third of your life.
THREE
Christmas in Hawai’i | Chapter 1
So after we conclude this proceeding, the family of Mr. Schweitzer are allowed to come across the bar. No one else is allowed to come forward to greet Mr. Schweitzer. Mr. Schweitzer shall be released from his shackles immediately.
THREE
Factual Innocence | Chapter 9
All right, that is your position that there is still an investigation ongoing into the death of Dana Ireland and so the state is opposing disclosure of any evidence regarding the investigation of unknown male number one that is subtly produced.
THREE
Factual Innocence | Chapter 9
Michael Ortiz. Michael Ortiz was the person that the state referenced in their objection to your motion to determine actual innocence.
THREE
Factual Innocence | Chapter 9
I should consider his testimony. And you personally interviewed Michael Ortiz.
THREE
Factual Innocence | Chapter 9
He admitted that he lied when he said that Ian Schweitzer confessed.
THREE
Factual Innocence | Chapter 9
One more question for you, Mr. Harrison. You're an officer of this court. You said that you talked to Mr. Ortiz about HPD feeding Mr. Ortiz with information of the case. Now I'm counting on you as an officer of the court. You personally heard Mr. Ortiz tell you what?
THREE
Factual Innocence | Chapter 9
And this Ortiz testified in the criminal trials against Pauline and Ian Schweitzer.
THREE
Factual Innocence | Chapter 9
Okay, I understand what Mr. Pauline's statements were because we went over them many times before. John Gonsalves was the half-brother of Frank Pauline who was arrested or convicted of a drug dealing charge and Frank Pauline offered to give testimony implicating the Schweitzer's in return for favorable treatment for John Gonsalves. So what did John Gonsalves testify to?
THREE
Factual Innocence | Chapter 9
That's the question that I asked all of you folks to brief in that in the writing of this statute, is there some term of art beyond just plain common sense language that someone who was convicted and incarcerated was actually innocent?
THREE
Factual Innocence | Chapter 9
That sounds like plain language speaking, and I can use common sense language, but you're stating that the state's position is that they need to prove factual innocence. If that is a standard you're articulating, then please explain that.
THREE
Factual Innocence | Chapter 9
To say that I consider all the facts in the trial and everything that's been submitted as exhibits in the joint stipulation of facts, tell me why you believe that these defendants should not be found actually innocent.
THREE
Factual Innocence | Chapter 9
So what of this do you believe is still in play that I should consider? I should consider? as being reliable facts, reliable admissions?
THREE
Factual Innocence | Chapter 9
So, Innocence Project attorneys, you'll prepare an order granting your motion to annul production with the subpoena returnable on August 1 at 9.30 a.m. in courtroom 13. I will proceed. Thank you.
THREE
Factual Innocence | Chapter 9
That after they left her there to die at that scene, that Albert Lauro may have come across her body. Oh, so this theory is that Albert Monroe came across the body after these boys committed the crime.
THREE
Factual Innocence | Chapter 9
I understand Chief Moskowitz disclosed, and I have not received any information from the Office of the Prosecutor of anything in this matter. And the Prosecutor's Office has stood behind this wall saying that this is a matter of under investigation and could not confirm any evidence to me.
THREE
Factual Innocence | Chapter 9
So the only evidence I have is what Police Chief Moskowitz stated in his press release, that there was a videotape interview on July 19th when Mr. Lauro came into the police station. what is your position regarding the videotaped interview?
THREE
Factual Innocence | Chapter 9
So if there is a video, as Moskowitz stated, what is the state's position regarding disclosure of this information, of this videotaped interview?
THREE
Factual Innocence | Chapter 9
Why? And I asked you before, I believe three times in our confidential conferences, what investigation is still ongoing? The murder was committed. The only person delivered as being unknown male number one has now committed suicide. And your office wasn't even able to disclose that to me. You're unwilling to even disclose that fact at our conference. I believe it was...