The associate director of the Hawaii Innocence Project told the state Supreme Court on Thursday that prosecutors — who provided information that helped overturn the convictions of Albert “Ian” and Shawn Schweitzer in the Christmas Eve 1991 abduction, rape and murder of Dana Ireland in Puna — now appear to be impeding the brothers’ quest to be compensated for being wrongly imprisoned.
“At some point after their convictions were vacated, there seemed to be a push back from the state — no longer wanting to cooperate with us,” Jennifer Brown, who represents older brother Ian Schweitzer, told the justices. “And we believe that was because we were seeking a finding of actual innocence, which would mean that the state would have to compensate both Ian and Shawn for the wrongful convictions.”
The Hawaii Police Department petitioned the state’s highest court, requesting it block an order by Hilo Circuit Judge Peter Kubota directing the release of information regarding Albert Lauro Jr. — implicated by DNA as the previously Unidentified Male No. 1 — to the Schweitzers, both of whom were exonerated last year after being wrongly convicted and imprisoned for the heinous crime.
The finding of “actual innocence” — as opposed to a vacated conviction — is required by law for the Schweitzers to collect monetary compensation for years spent behind bars — 26 years of a life sentence for Ian Schweitzer.
Shawn Schweitzer, who was a minor when the crime occurred, pleaded guilty to manslaughter after his brother’s murder conviction. He was sentenced to probation with a year in jail, time he’d already served.
Lauro, 57, was identified as the man whose DNA was found in sperm, sweat and saliva on evidence gathered from the clothing, body and hospital gurney of Ireland, a 23-year-old from Virginia, as well as a men’s Jimmy Z T-shirt soaked in her blood.
His was the only DNA, other than Ireland’s, found on evidence in the case. Lauro was questioned by police and a swab of his saliva was taken July 19. He killed himself four days later, a day before the test on the swab confirmed he was the man whose DNA was collected from evidence gathered in the Ireland case.
There was no DNA found matching either of the Schweitzers or a third man convicted of the crime, the late Frank Pauline Jr., at a remote fishing trail in Waa Waa where the dying Ireland was found, or at the Kapoho site where she was intentionally struck by a vehicle while riding her sister’s bicycle.
Brown told the justices she’s seeking that “clearly exculpatory information” be released publicly to the brothers.
“The Schweitzers have a right to have the public know why they are actually innocent, and any information about Mr. Lauro that would further prove that issue,” she said.
Britt Bailey, the deputy county corporation counsel who filed the petition for HPD, told the court that Kubota abused his judicial discretion “to reach an ultimate conclusion that Mr. Lauro must have been the one that sexually assaulted, kidnapped and murdered — all by himself — Dana Ireland, without allowing the police department to complete its investigation into the recent developments.”
“When the Hawaii Police Department raised the issues regarding the ongoing criminal investigation … and provided to the court exactly where the investigation was at that point — obviously, in its infancy, literally trying to identify friends that would’ve been friends of Mr. Lauro 30 years prior that may know something, what we received back from the lower court was … ‘you’re not going to prosecute a dead person. What are you possibly investigating?’” Bailey said.
“And when you look at the subpoena … and what it was requesting, that’s exactly what was being investigated. So, what they requested from the Hawaii Police Department were the very items that were currently unfolding right before Hawaii Police Department’s eyes,” she continued. “The autopsy reports were not back at that point, cellphone analysis was not completed, witness interviews had not been conducted. They were trying to identify witness at that point, people that may have been hanging out with Mr. Lauro at that time. Reaching out to family members, finding family members who are strewn throughout the country to interview them.”
Deputy Prosecutor Shannon Kagawa said that despite the Schweitzers’ overturned convictions — which were vacated “without prejudice,” allowing the refiling of the charges against them — “they’re still potential suspects.”
“The state cannot think of any situation … where if someone is a potential suspect in an ongoing, active criminal investigation, that those suspects can get police reports regarding that criminal investigation.”
Keith Shigetomi, Shawn Schweitzer’s attorney, said HPD “for nearly 33 years … couldn’t find the truth, and now they can’t handle the truth.”
“Because the truth is they falsely prosecuted three innocent men. And when they had the opportunity, they let the actual perpetrator escape prosecution,” Shigetomi said.
“Now they say they’re still conducting an investigation. I don’t doubt that they may be doing that, but for what purpose, other than to say, ‘We’re conducting an investigation’?” he continued. “1991 is when this case happened. (Lauro’s) cellphone is not going to give you very much information as to what happened in 1991. … It’s not going to tell you who he was with on Dec. 24, 1991.”
“Well, it might tell you someone he called after he was interviewed by police,” interjected Chief Justice Mark Recktenwald. “I imagine that’s what they are looking for. Who did he call? Who may be interested in the fact that he’d been contacted? That may not lead anywhere, but I think they’re saying, ‘Let us have that opportunity.’
“What’s your response to that?”
“My response to that, Chief Justice, is that this case has been all over the news for 30-something years,” Shigetomi said. “And everybody knows that they were trying to find what happened to Ms. Ireland. And if they had known something or suspected something, they certainly would’ve said so. There were reward posters all over the place. The rewards were collected.
“So, 30, 33 years later, somebody’s going to come forward and say, ‘I knew Albert Lauro Jr. was involved?’ No. We told them he was involved. And after we told them he was involved, they let him commit suicide. And that’s why we’re here today. All we’re saying is, we want the opportunity to get the evidence, to present it to a court — and to have the court declare Shawn and Ian actually innocent.”
Recktenwald told the attorneys and the courtroom gallery — which included HPD Chief Benjamin Moszkowicz and Deputy Chief Reed Mahuna — that the court is taking the matter under advisement and will issue its ruling at a later date.
Email John Burnett at jburnett@hawaiitribune-herald.com.
