Carlisle survives
motion in murder trialA judge rules that Peter Carlisle
can try Christopher Aki
A state Circuit Court judge denied a defense motion yesterday seeking to disqualify Prosecutor Peter Carlisle from the Kahealani Indreginal murder case because the city post is an elected position.
Deputy public defender Todd Eddins, attorney for Christoper Aki, argued in court papers that allowing an elected prosecutor to personally try the case violates Aki's constitutional right to a fair trial by an impartial jury.
Instead of having a jury of his peers, Aki would have a jury made up of residents who may have voted for Carlisle and who may be influenced by their vote to reach a verdict sought by the state, Eddins argued in court papers.
Aki is charged with second-degree murder for the December 2002 slaying of Indreginal, his girlfriend's 11-year-old half sister.
Carlisle had opposed the motion, calling it "frivolous."
He has been elected city prosecutor twice, the first time in 1996, and he took office the following January. He subsequently won a second election, which expires this year. He has not announced whether he will run for re-election.
While denying the motion, Circuit Judge Virginia Crandall said she would allow defense attorneys to question potential jurors to determine if they directly or indirectly participated in the elections, Eddins said.
Jury selection in the second-degree murder trial is to begin today.