Honolulu Prosecutor’s Office Seeks Special Session to Reverse High Court’s Grand Jury Decision … The Honolulu prosecutor’s office says the Supreme Court ruling could result in 168 convicted felons being released unless indicted by a grand jury.
The Honolulu Prosecutor’s Office is asking the Legislature to convene in special session and draft a new law that would reverse a recent ruling by the Hawaii Supreme Court that limits prosecutor’s choices when indicting serious criminals.
Honolulu First Deputy Prosecutor Thomas Brady told a West Oahu community group last week that the court’s decision prevents prosecutors from initiating serious felony cases using preliminary hearings before a judge and ruled that a grand jury must hear each case before taking a defendant to trial. Brady said 168 convicted felons could use the ruling to overturn their cases.
“I want you folks to know there was a decision made by the Hawaii Supreme Court on Sept. 8 that invalidated our way of charging cases by way of preliminary hearing,” Brady said. “This was based on 40 years of practice that was a constitutional amemdment that allowed us to go to preliminary hearing.”
