Murder trial is
not open and
shut case

Not all of the physical evidence
can be tied to defendant Frank
Pauline Jr., one of three
men accused

Credibility might be a problem for
some prosecution witnesses

The Evidence

By Dana Williams
Star-Bulletin

HILO -- With 10 days of testimony behind them, prosecutors are preparing to wrap up the case against Frank Pauline Jr. this week.

Pauline, 26, is one of three men accused of the Christmas Eve 1991 murder, sexual assault and kidnapping of 23-year-old Dana Ireland. Ireland was riding her bicycle in Puna when she was struck by a car, beaten, raped and left to die.

In 1994, Pauline was serving a prison sentence for an unrelated sexual assault when he told police he had information about the Ireland case. He confessed to being involved in the attack but later recanted his confession.

Last month, his trial began before Judge Riki May Amano. Ireland's friends and relatives took the stand and recalled the last day they spent with her.

They told how she rode her bike from Vacationland to Opihikao to invite a friend to dinner, and she never made it home. A Waawaa resident described finding Ireland near a remote fishing trail. Medical workers told of the efforts to save her.

Last week, Pauline's friends and relatives took the stand and described his activities on Dec. 24, 1991.

He was seen at a beach with a group of young men when Ireland rode by on a bicycle.

He was seen getting into a car with brothers Albert Ian and Shawn Schweitzer, the other two suspects in the case, and heading off in the same direction as Ireland.

He was seen that night, breathing heavily, crying and not wearing a shirt. A blood-soaked blue Jimmy'Z shirt, size large, was found near Ireland.

The shirt and the defense

Puna resident Steven Daring testified that Pauline wore the Jimmy'Z shirt during a confrontation with him about a month before the murder. He said he would never forget staring at the design on the back of the shirt, because he thought Pauline was going to turn around and punch him.

Charla Figueroa, Pauline's former girlfriend and mother of his children, testified that she remembered washing the shirt, and she remembered Pauline wearing it. Later, she saw the shirt on the television news.

"When you saw that T-shirt on TV, what did you think?" prosecutor Charlene Iboshi asked her.

"I was in shock," she answered. Iboshi asked her why. Figueroa cried as she answered, "That's the first time I found out that he's a suspect for this case."

Although Figueroa and Daring both linked Pauline to the shirt, defense attorney Clifford Hunt cast doubt on their stories. Under questioning, Daring admitted he originally told investigators he wasn't sure if Pauline was wearing the shirt.

Hunt also asked Figueroa about her original statements to investigators. She admitted she first told detectives the blue shirt looked familiar, but she thought it belonged to another member of the Pauline family. Likewise, she told a them a large red pair of men's underwear found at the scene could have belonged to the other family member.

The witnesses

When the jury weighs the evidence, credibility might be a problem for some prosecution witnesses. Shayne Kobayashi said he was at a surf spot with Pauline, the Schweitzers and others when Ireland rode by. They headed off after she left, he said. He said the two brothers and Pauline agreed to meet up with others later to drink and smoke marijuana, but they never showed up.

Hunt said Kobayashi is a convicted sex offender who cooperated with investigators in exchange for a more lenient sentence. Although he originally told police he knew nothing, Kobayashi insisted he came forward with information about the case "for justice."

After intense questioning by Hunt, Kobayashi said he decided to cooperate "because I feel that's the right thing and I want to get out of prison, too."

He was released from prison after serving three years of a 10-year sentence.

On Tuesday, three prosecution witnesses struggled to lift their right hands to be sworn in. All three, dressed in prison uniforms, had their wrists chained to their waists.

Although Pauline is still serving a 10-year sentence for sexual assault, he shows up in court each day wearing a long-sleeve shirt, a tie and glasses. He is trim, his hair is groomed and he is clean-shaven.

One prosecution witness, a former neighbor, failed to recognize him in the courtroom at the beginning of the trial.

Now, when someone is asked to point out the defendant, Pauline stands up and smiles.

In addition to making statements to police, in which he admitted to hitting Ireland over the head with a tire iron, witnesses said Pauline has discussed the killing with friends and family members.

The defense has said Pauline made up the confession so he could get transferred to a different prison and so family members involved in a drug case could get deals from the police.

Now, some of the the family members involved in that drug case are testifying against him.

Physical evidence

Before the prosecution rests this week, experts will likely discuss physical evidence in the case. Although sperm was found on the bedsheet were Dana Ireland lay dying, scientists have said it matches none of the three suspects.

Some forensic reports have been revealed in court documents, but others have yet to be disclosed.

In addition to the blood on the shirt and the sperm on the sheet, scientists have examined Ireland's clothing, hair samples taken from the Volkswagen and genetic samples from at least 16 men.

All of those men, according to reports from Forensic Science Associates in Richmond, Calif., have been eliminated as the source for the sperm.

This week, scientists from the FBI lab are expected to testify.

The evidence Forensic reports describe the following evidence collected from Dana Ireland's clothing and from the Waawaa area where she was found: 1. One knit black sock. Investigators from the Connecticut State Police Forensic Science Laboratory found two human Caucasian-type hair fragments on the sock. 2. One pair of red underpants, size large. The Connecticut lab found one animal hair, dark-colored fibers and vegetative and mineral material on the item. A report from Forensic Science Associates of Richmond, Calif., indicates that other hairs may have also been found on the underpants. 3. A blood-soaked piece of paper towel. 4. Black left sneaker, child size. The Connecticut lab found human blood on the shoe. 5. Two white socks. Reports from both labs indicate blood and hair were present on the socks. 6. Two cigarette butts. One was Kool brand; the other was an unknown brand. The Connecticut lab said the paper on the unknown brand was consistent with that used in Camel cigarettes. 7. A pair of Gap brand denim shorts, size 3/4. Both the Connecticut and California labs reported finding blood on the shorts. 8. One right Avia brand shoe. The Connecticut lab reported finding blood and an animal hair on the shoe. 9. A blue Jimmy'Z brand T-shirt. Blood was found all over the shirt. The Connecticut lab reported finding Caucasian-type hair and hair fragments on the shirt. 10. A pair of bikini-style panties. Both labs reported that blood was found on the panties. 11. A Contempo brand short tank shirt. The Connecticut lab reported the shirt was stained with blood. Human Caucasian-type hairs were found on the shirt. 12. The hospital sheet. The California lab found blood and sperm on the sheet. The lab reported that the suspects in the case -- Frank Pauline Jr., Albert Ian Schweitzer and Shawn Schweitzer -- were all eliminated as the source of the sperm found on vaginal swabs and on the hospital sheet.

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