HONOLULU (HawaiiNewsNow) – District Court Judge Peter Kubota made it clear that he does not approve of Hawaii County prosecutors’ repeated attempts to prevent the release of evidence in the Dana Ireland murder case.
The county is now asking the Hawaii Supreme Court to weigh in.
The evidence was collected during the investigation into Albert Lauro Jr., who was identified through a genetic DNA test. The national database was then used to confirm that Lauro was the perpetrator in Ireland.
On Monday, Kubota ordered Hawaii police to submit the new evidence to the court for review.
The judge said Wednesday that he had reviewed the information and believed the Hawaii Innocence Project should be granted access.
HIP represents two of the wrongfully convicted men.
Brothers Albert Ian and Shawn Schweitzer want the court to declare them innocent so they can receive compensation.
Kubota overturned the convictions last year.
HIP’s lawyers believe the information about Lauro could be further proof that their clients had nothing to do with Ireland’s murder.
Kubota also said the public should have access to up-to-date information about the infamous case that sent innocent men to prison.
Lauro committed suicide days after being questioned by police last month. A search warrant was used to take a cheek swab.
“All the documents and evidence you presented to me on August 5 relate only to Albert Lauro Jr.,” Kubota said.
“What further investigation does the police conduct on a man who is now deceased?” Kubota asked Elizabeth Britt Bailey, Hawaii County’s deputy corporation counsel.
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Bailey had stated that the information had to remain secret because the investigation into the Ireland case was still ongoing.
Kubota then asked, “Are you going to prosecute this dead man?”
Kubota pointed out that the county’s motions and petitions were aimed at delaying the civil case against Schweitzer.
“These boys were convicted 23 years ago and are now seeking a declaration of their actual innocence. In my view, justice delayed at your behest is justice denied,” he said.
The Schweitzer brothers said the last two weeks have been an emotional rollercoaster.
On July 26, they both learned from HIP lawyers that there had been a DNA match. This was news they had been waiting for for 25 years.
“My first thought was: thank God,” said Ian.
Shawn said he was speechless.
Both had hoped that an arrest would one day help them clear their names. But during the same conversation, both men learned that Lauro had committed suicide.
When asked if any of them knew Lauro, Ian said, “No, I never met him.”
Shawn’s response: “I had never heard that name before I got that call.”
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