Hawaii judges are dismissing hundreds of criminal cases because of a state Supreme Court ruling -- the latest challenge in prosecuting people for serious crimes.
Some judges are keeping defendants behind bars for up to 90 days so prosecutors can take the cases to a grand jury to be indicted.
But public defenders are now arguing that violates federal and state laws -- and asking the state Supreme Court to free their clients.
"To hold these people, you know, just on the fear that they may cause some issue in the public without them having been convicted of any crime, we feel is unconstitutional," said deputy public defender Jon Ikenaga. "These are persons who have only been charged, they haven't been convicted of a crime yet."
A judge is considering throwing out a case against Razi White who was charged in the May killing of downtown security guard Michael Stubbs.
And now prosecutors are scrambling to get a grand jury to indict him after first charging him through a preliminary hearing -- a process now considered unlawful.
"It is devastating and it sucks -- I gotta live with it every day," said Stubbs' son Erik. "We should definitely be careful. Because there's going to be a lot of guys out there right now that are going to be probably on the loose."
The state Supreme Court recently struck down a case against Richard Obrero who killed a 16-year-old in 2019, claiming self defense after a burglary of his Kalihi home.
All because prosecutors failed to get a grand jury indictment.
That's what set the precedent for dismissing all other criminal cases charged the same way.
"It's a danger because all of these guys that are getting let out, they don't deserve -- most of them don't deserve -- to be let out," Stubbs said. "Period -- point blank. It's also a danger because these guys aren't in the right mindset still yet, guaranteed."
Hundreds of people arrested for violent and serious crimes such as murder could be let loose if lawmakers are unable to agree on a new law and convene a special session.
Lawmakers are trying to draft legislation to fix the problem, but so far haven't come to an agreement.
"We're in the weeds arguing about how how many bites at the apple the prosecutors get and under what circumstances," said Sen. Karl Rhoads. "But with a special session, where every day cost the taxpayers money, we want to have the ducks in a row before we go in."
Kristen joined KITV4 in March 2021 after working for the past two decades as a newspaper reporter. Kristen's goal is to produce meaningful journalism that educates, enlightens and inspires to affect positive change in society.
