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Wednesday, January 19, 2000

Decision nears
on motion to drop
case against Peters

He wants theft charge dismissed
without possibility of reindictment

Star-Bulletin Staff


A state judge may rule Feb. 7 on a motion to permanently dismiss the attorney general's criminal case against former Kamehameha Schools trustee Henry Peters.

Circuit Judge Michael Town heard arguments yesterday on Peters' motion to throw out a grand jury theft indictment with prejudice, but scheduled an additional hearing before making a decision.

In December, Town threw out indictments against Peters and local developer Jeffrey Stone, but left open the question of whether the state could reindict the two on the same charges.

Peters' lawyer, Renee Yuen, alleged that the attorney general engaged in a pattern of misconduct that calls for permanent dismissal.

Yuen noted that the state improperly relied on privileged testimony from the estate's former in-house lawyer, Nathan Aipa, to obtain the indictments.

Larry Goya, senior deputy attorney general, said the state acted properly in seeking the grand jury indictments.

The grand jury's August indictment alleged that Stone paid an inflated price for Peters' Makiki condo in exchange for preferential treatment on a Kamehameha Schools land deal in Hawaii Kai.

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