Second trial is delayed
for killer of officerShane Mark's attorney cites her
illness from toxic fumes at court
The second trial for Shane Mark, convicted last year of killing police officer Glen Gaspar, has been delayed.
Deputy Public Defender Debra Loy, who represented Mark at his first trial, sought a continuance two weeks ago, saying she could not adequately defend her client because she is not well.
Loy said she was overcome by toxic fumes at Circuit Court on May 11 when work was being done to the building's roof. She sought treatment at an emergency room but told Circuit Judge Karen Ahn last week that she continues to experience lightheadedness, fatigue and shortness of breath.
The remaining counts that jurors could not agree on in the first trial include a first-degree attempted murder charge stemming from Mark allegedly pointing his gun at Gaspar's partner, Calvin Sung, and second-degree attempted murder involving a separate shooting in Moanalua a month earlier.
Loy and Deputy Prosecutor Chris Van Marter were to meet with the judge this week to discuss when the trial can commence. Prosecutors have opposed any continuance, arguing that the victims have a right to have the case expeditiously resolved.
Jury selection was to begin last week, with groups of prospective jurors called to appear on Tuesday, Thursday and tomorrow. The three groups were canceled and were returned to the jury pool.