Higher murder charge is dropped - Haw...

Higher murder charge is dropped - Hawaii News

There are 76 comments on the Honolulu Star-Bulletin story from Oct 21, 2009, titled Higher murder charge is dropped - Hawaii News. In it, Honolulu Star-Bulletin reports that:

A circuit judge dismissed a first-degree murder charge against a 17-year-old Ewa Beach boy accused of killing and raping 51-year-old Karen Ertell, who was a witness in a burglary case against him.

Join the discussion below, or Read more at Honolulu Star-Bulletin.

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lokal boi

Honolulu, HI

#70 Oct 22, 2009
the courts in our state have become the laughing stock of the nation.

Irvine, CA

#71 Oct 22, 2009
All criminals all fools is they do not relocate to Hawaii to commit their crimes.

Newly weds. nearly deads. criminals.

What a true paradise for all three target markets.
The American Way

Honolulu, HI

#72 Oct 22, 2009
haole_boy wrote:
What a shame ..... regardless of age, or technicalities he's a murderer and should be punished accordingly. I hope his defender/attorney can sleep well at night knowing his hardwork helped a convicted felon sidestep the serving of justice he so deserved. It's things like this that empower the scurge of the earth ......
I imagine his attorney sleeps quite well at night knowing he has protected the constitution and our civil liberties.
The American Way

Honolulu, HI

#73 Oct 22, 2009
Bartley is a piece of crp wrote:
<quoted text>
I agree. The public defender should just do his job and present the facts to substantiate Bartley's side of the story. He should not be pulling pranks like this to take advantage of loop holes just to get an undeserved break for his client. Sometimes it is not all about winning or losing in court.
Nice to know you completely miss the point of having the assistance of counsel, as guaranteed in the Bill of Rights.
The American Way

Honolulu, HI

#74 Oct 22, 2009
ARCANE12 wrote:
"...Crandall also ruled Bartley's confession to police would be admissible at trial..."
If an individual voluntarily confesses to a crime, then they are guilty until proven innocent (U.S. military justice).
The burden should be on the defense, not the prosecution.
The whole justice system is illogical!
In the US military, it is no different. The burden never shifts away from the government. Defendant's are always innocent until proven guilty.
The American Way

Honolulu, HI

#75 Oct 22, 2009
JackB808 wrote:
<quoted text>
I thought Judges got paid to interpret the law. Common sense tells me the law was meant to protect a witness- be it a civil, criminal, family, etc.
Common sense tells you that a law means something other than what it literally says? Don't blame the judge when a law is poorly written. That fault lies with the legislature.

Honolulu, HI

#76 Oct 22, 2009
Any meaningful criminal legislation is immediately labeled as "racist" and goes nowhere. It's only getting worse.

United States

#77 Oct 22, 2009
Strumpy is right..Hawaii's judiciary is appallingly weak

Since: Oct 09

Ewa Beach, HI

#78 Oct 23, 2009
The American Way wrote:
<quoted text>Common sense tells you that a law means something other than what it literally says? Don't blame the judge when a law is poorly written. That fault lies with the legislature.
You only focus on my OPINION of what the law says. Since you like to take things "literally" please point out where I blame the judge for any of this. Or are you using common sense to ascertain what I meant in my comment?
My point was that a Judge gets paid to interpret the law not just blindly take the "literal" meaning of it. Hypothetical- State has a law against walking your dog in area "X"- you walk your cat/tiger/horse/cow/chicken/mo nkey/unicorn in area "X" and a LEO tags you in violation of the law- a judge may very well rule against you even if the law does not specify that you couldn't walk your unicorn in area "X" as the laws applies to walking any pet. Some people would argue the Judge is creating a law where none existed while others would say the Judge is upholding the intent of the law- it happens.(well maybe not with a unicorn but you get my drift.)
The American Way

Honolulu, HI

#79 Oct 23, 2009
Yes, Jack, I get your drift. And it betrays a complete ignorance of American jurisprudence.

Because we believe in liberty in America, you are only prohibited from doing what the law says you are prohibited from doing. Nothing more. If the law says no dogs, it means no dogs. That's why the park signs all say no ANIMALS.

The government writes the laws and prosecutes their violation. If we allow them to also interpret them, we lose all semblance of liberty. Which is why hundreds of years of American legal history and philosophy have held that criminal statutes must be interpreted narrowly, and always in favor of the accused.

Since: Oct 09

Ewa Beach, HI

#80 Oct 24, 2009

I looked on Google if what you stated about "all" signs/laws reference "animals" versus "dogs" so here are a few links for you:
Story about LA and their new law regarding a three dog maximum when walking them. I can still legally walk 3 dogs, 5 cats and my unicorn!

Rules to Battery Park in New York City- clearly lists only "dogs"

I knew I saw those "No Dogs" signs this past weekend at Kaena Point.


Just to be fair here is a link to one that says "animal"- the majority of places I looked up were "animal" to cover the loophole but it definitely isn't all of them :)

Now- just to end this, Yes upon looking at the exact wording of 1st degree murder in the State of Hawaii (I bothered to look it up just to be sure) I would have to agree with the ruling of the judge (not that it matters). Do I believe the intent of the law has been violated- YES. Besides with any luck the second degree murder will stand and hopefully he will not be paroled for a long time.

Nice debating with you and thanks for keeping it civil without the need for name calling.

Kihei, HI

#81 Oct 25, 2009
Truth wrote:
<quoted text>What law school did you attend? Look, the judge has to follow the law, she has no choice. The way the law was written, it left a big loophole that Jeffrey Hawk, who by the way is a heck of an attorney, drove through. The judge did not create the loophole, but she had to live with it. Now its up to the legislature to fix it.
its how you interpret the law you moron. it could have been done. they do it all the time. just a little common sense which you dont have.

Waianae, HI

#82 Oct 25, 2009
McCain wrote:
This state needs the death penalty.
This state already has a death penalty. It is called poverty, which is a slow lingering death administered by an injection of ignorance.

Waianae, HI

#83 Oct 25, 2009
Stumpy wrote:
Any meaningful criminal legislation is immediately labeled as "racist" and goes nowhere. It's only getting worse.
Is it only getting worse Stumpy? What did you do...take a cold shower and now you can't find it?


Waianae, HI

#84 Oct 25, 2009
Mommy! Mommy! I took a cold shower and now I can't find it!!! Waaaaahhhhhhhh
Pet sitting guru

Provo, UT

#85 Jan 7, 2011
Its just a shame that people are still getting away with crap like this. Especially with all the forensic evidence that we have; these mistakes should cease to be, for the most part. Especially in this case.

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