Charges dropped in
Dana Ireland case
New developments are cited
By Rod Thompson
for dismissing charges against two
brothers in the Big Isle murder
Star-BulletinHILO -- Charges against two brothers accused of the 1991 kidnapping, rape and murder of Big Island visitor Dana Ireland were dismissed yesterday because of what were described as unforeseen circumstances.
Judge Riki May Amano granted the dismissal of the charges against Albert Ian Schweitzer, 27, and his brother Shawn, 23, but an agreement between prosecution and defense attorneys would allow the charges to be refiled later.
The request for the dismissal was made by county Deputy Prosecutor Charlene Iboshi, who referred to "new and unforeseen developments," but didn't explain.
Ireland, 23, visiting the island with her parents, was attacked on the afternoon of Christmas Eve, 1991, as she returned home from bicycling alone in the Big Island's Puna district.
Ireland's mother, Louise, speaking by telephone from her home in Virginia, called the dismissal of charges disgusting.
She said she believed the dismissal was linked to DNA evidence.
Documents filed in the case indicate that new traces of DNA were found on a sheet used in the process of treating the badly injured Ireland at Hilo Hospital, where she died at midnight just as Christmas was beginning.
Although full disclosure about the nature of various pieces of evidence in the case has never been made because of an order by Amano requiring public silence by the parties involved, various sources including Ireland's parents have said that no usable DNA evidence was recovered. A finding of new DNA would be a change.
Louise Ireland said she is uncertain what is happening.
"Really and truly, I don't know what to say. It's puzzling. It just doesn't sound right to me."
She said she and her husband, John Ireland, knew about a week ago that a new development was coming, but they were uncertain of the details.
They had planned to fly to the Big Island to be present at the beginning of the Schweitzer trial on Nov. 2. She said they still intend to come to the island, despite the dismissal.
"It's not over," she said.
In fact, the agreement between the prosecution and defense set a deadline of June 1, 1999, for charges to be refiled. However, the agreement also allows the prosecution to request an extension of the deadline.
There is no statute of limitations for murder, but the seven-year limit on kidnapping and sexual assault charges would run out this Christmas. The agreement extends that period.
The dismissal means the brothers, who were being held without bail, are now free.
However, both are facing charges of sexual assault in separate cases, unrelated to the Ireland killing. They were expected to post bail in those cases.
The agreement requires that they remain away from the Big Island until the Ireland case or their other cases occur. They are prohibited from speaking publicly about the case.
Besides the Schweitzers, Frank Pauline Jr., 25, is also charged with kidnapping, rape and murder in Ireland's death, but is scheduled to be tried separately beginning March 1.
Louise Ireland said she doesn't expect Pauline's case to be dismissed. "I hope not. If he does (go free), all hell will break loose."
Pauline is already serving time for an unrelated sexual assault, and faces trial on another sex charge on May 3.
