wants charges voided
Shawn Schweitzer was indictedBy Rod Thompson
for kidnap, rape and murder on
the basis of hearsay,
says his lawyer
HILO -- Shawn Schweitzer, then 16, sat crying in the back of a Volkswagen "bug" as his brother Ian and his friend Frank Pauline Jr. raped and beat Big Island newcomer Dana Ireland in 1991, according to a new court document.
But the account is hearsay, told to a grand jury by prosecution investigator William Perreira, who heard it from convicted criminal Michael Ortiz, who said he got the description of events from Ian, who was in jail with Ortiz.
Shawn Schweitzer's attorney, Keith Shigetomi, lists about 40 witnesses who were not required to testify to the grand jury when it indicted his client for kidnapping, rape and murder in May.
Instead, prosecutors used the hearsay version of their testimony provided by police and other officials, Shigetomi said
That's too much, he said. He filed a motion yesterday asking Judge Riki May Amano to throw out the indictment.
Pauline was convicted last month of the same charges facing Shawn Schweitzer and his brother. Pauline will be sentenced Oct. 14.
Ian Schweitzer will be tried Nov. 15, and Shawn Schweitzer on March 6.
Shigetomi's motion included a transcript of Perreira's testimony to the grand jury. In it, Ian allegedly told Ortiz that Pauline started the attack on Ireland.
Pauline repeatedly told authorities that Ian started it.
According to Perreira, Ian was driving when Pauline made comments to Ireland and she "flipped him off." Pauline told Ian to drive close to Ireland so he could punch her. But Ian said he lost control of the car and hit her, Perreira said.
Ortiz said Pauline pulled Ireland onto his lap in the car and fought with her. Pauline said the Schweitzers put her in the trunk.
Ortiz said Ian told him Pauline raped Ireland first. Pauline has said Ian raped her first and claimed he never did.
Whoever was first, Shawn allegedly stayed in the car crying, Perreira said Ortiz told him.
"C'mon, let's go. Watchu guys doing?" Shawn allegedly said.
Shawn later told his friend Shayne Kobayashi that he raped Ireland because his brother forced him to, Kobayashi told the grand jury.
Shawn also confessed to inmate Brien Sullivan, Perreira said.
Shigetomi countered, "Shawn Schweitzer never admitted any active involvement in the incident and was only present."
Shigetomi filed a second motion seeking to throw out a single count in the indictment, murder by omission, because the participants failed to notify medics after dumping Ireland.
Judge Amano already threw out that count in a previous indictment.
Dana Ireland Archive