Do judges in Hawaii have the same power as the judge in Massachusetts, who overturned the murder conviction of au pair Louise Woodward and let her off with only time served? Isle judges have power
to overturn verdictsNot the same power.
In Hawaii, it's basically all or nothing, said state Judge Victoria Marks, criminal administrative judge for Oahu Circuit Courts.
Here, judges can enter a judgment of acquittal even if a jury convicts a defendant, she said.
They can also order a new jury trial under certain circumstances.
But "they can't take a middle ground" and reduce a verdict, as in the Massachusetts case. In other words, they can't, as did Massachusetts Judge Hiller Zobel, reduce a jury judgment from murder to manslaughter, she said.
Also, "In Hawaii, juries don't sentence," she said.
In the Woodward case, the jury came back with a verdict of second-degree murder, which carried with it a sentence of life in prison with a chance of parole in 15 years. Judge Zobel reduced the charge to involuntary manslaughter and let Woodward off with time served, which amounted to 279 days.
The parameters for a judge's actions are set by rules and case law, Marks said. It's rare for a judge to overturn a jury verdict, but not unheard of in Hawaii.
One sensational example occurred in 1981, when the late Judge Harold Shintaku overturned the murder conviction of organized crime figure Charles Stevens, Marks said. The jury found Stevens guilty of double murder, but Shintaku set aside the verdict and acquitted him.
(Shintaku committed suicide in 1989, after slashing his wrists and jumping off a balcony of a Las Vegas hotel, where he had run up a gambling tab of $21,000. In 1992, Stevens admitted in federal court that he committed the murders and said he had bribed Shintaku to gain his acquittal. He was sentenced in 1993 to 20 years in federal prison on other charges.)
Will the left-turn signal from Kamehameha Highway to the Pali Highway (near Hawaii Pacific University), going toward Kailua, be adjusted to allow a longer green light once the H-3 is opened? I will be using the H-3 to get from Pearl Harbor to my home near Castle Hospital. I know it takes about four minutes for the lights there to cycle. If it is not going to be changed, I might as well just take the Pali Highway. After the H-3 freeway opens on Friday, the state Department of Transportation will be monitoring all the traffic signals in the area, said spokeswoman Marilyn Kali.
"We will work with the city to adjust whatever needs to be adjusted," Kali said.
To the adults who sat in section PP, the Orange section, at the Nov. 26 Prep Bowl game between Waianae and St. Louis. I had no ties to either team except that my 10-year-old son is a St. Louis fan. Your vulgar mouth and nasty behavior reflected badly on Waianae, showing you had "no class." Grow up and act like adults. People like you give country people a bad reputation. -- E.K.S. Auwe
To people escorting Santa's sleigh to Aloha Stadium the weekend after Thanksgiving. The lead vehicle used his alarm as a siren, which he has no right to do. Auwe
To the folks doing road work at Kona and Piikoi. Night work is ideal there, but starting before rush-hour was over created a long, frustrating traffic jam in the area last week Monday. Wait until rush hour ends when doing road work! Auwe
To two young men, Michael Alves and Alex Bell, who helped me fix a flat tire the day after Thanksgiving on Ward Street, off Kinau Street. -- Sally Akima Mahalo
