Judge Kubota
Appearances
Crime Junkie
MURDERED: Dana Ireland
It is the judgment of this court that the new DNA evidence, the tire tread evidence... The bite mark evidence and Sean Schweitzer's recantation conclusively proves that in a new trial, a jury would likely reach a different verdict of acquittal. So therefore, the conviction of Albertine Schweitzer for murder in the second degree, kidnapping, and sexual assault in the first degree is hereby vacated.
Crime Junkie
MURDERED: Dana Ireland
51. Okay. The question is, how do you make up for that lost time? And I'll give you a bit of advice. You live roughly one-third of your life. You've got one-third of your life ahead of you. You can live it being angry and resentful at the process or the people that put you there, or you can live it with a new freedom, all right?
Crime Junkie
MURDERED: Dana Ireland
I suggest that since you have your whole family here, you hug and love your family and live a fulfilled life and make the best of the next one-third of your life. So after we conclude this proceeding, the family of Mr. Schweitzer are allowed to come across the bar. No one else is allowed to come forward to greet Mr. Schweitzer. Mr. Schweitzer shall be released from his shackles immediately.
THREE
Probable Cause | Chapter 8
Calling case number 3, CSP 23-3, Albert E. Schweitzer v. State of Hawaii. Also on the calendar is 3, CSP 23-17. John Swipes v. State of Hawaii. One motion for finding of actual innocence filed March 7, 2024. to a joint petition for relief pursuant to HRS Chapter 16.
THREE
Probable Cause | Chapter 8
Good morning. So we have several matters to deal with today. First of all, let us get to the state's motion to continue this matter. State's asking to continue the hearings on the grounds that there's continuing investigation and they wish to continue for three weeks. The court will also note that the motion for finding of actual innocence was filed by the Schweitzer brothers on March 7, 2024.
THREE
Probable Cause | Chapter 8
That's almost five months ago that this motion has been pending, and the state filed its response on Friday, last week Friday, as I ordered them to do. So the court is prepared to go forward on this motion for finding of actual innocence. But prior to today's hearing, new matters have come up which are of material importance as to the motion for finding of actual innocence.
THREE
Probable Cause | Chapter 8
So prior to getting to the motion for a finding of actual innocence, the court will hear the arguments on the motion to preserve and the motion to compel discovery.
THREE
Christmas in Hawai’i | Chapter 1
There's a judgment of this court that the new DNA evidence, the tire tread evidence... The bite mark evidence and Sean Schweitzer's recantation conclusively proves that in a new trial, a jury would likely reach a different verdict of acquittal. So therefore, the conviction of Albertine Schweitzer for murder in the second degree, kidnapping, and sexual assault in the first degree is hereby vacated.
THREE
Christmas in Hawai’i | Chapter 1
And Mr. Schweitzer shall be released immediately from custody in this trial. So Mr. Schweitzer, I'm going to ask you directly. You've spent roughly half of your life so far as a free man and another half of your life in prison. How old are you now? One. You're one. Okay. The question is, how do you make up for that lost time? And I'll give you a bit of advice.
THREE
Christmas in Hawai’i | Chapter 1
You live roughly one-third of your life. You've got one-third of your life ahead of you. You can live it being angry and resentful at the process or the people that put you there, or you can live it with a new freedom. I suggest that since you have your whole family here, you hug and love your family and live a fulfilled life and make the best of the next one-third of your life.
THREE
Christmas in Hawai’i | Chapter 1
So after we conclude this proceeding, the family of Mr. Schweitzer are allowed to come across the bar. No one else is allowed to come forward to greet Mr. Schweitzer. Mr. Schweitzer shall be released from his shackles immediately.