Change of plea in road rage case to be dis­cussed

Hawaii Tribune Herald - - NEWS - By TIFFANY DEMASTERS

KEALAKEKUA — A plea agree­ment is be­ing dis­cussed for former Hawaii County po­lice of­fi­cer Michael Dub­ber­stein, who was charged with as­sault in con­nec­tion with a 2014 road rage in­ci­dent in Ka‘u.

On Thurs­day, Deputy Prose­cu­tor Stephen Frye and Dub­ber­stein’s at­tor­ney, Brian De Lima, ap­peared be­fore 3rd Cir­cuit Judge Melvin Fu­jino for a mo­tion to dis­miss the grand jury in­dict­ment and a mo­tion to dis­miss the first-de­gree as­sault charge. Ul­ti­mately, De Lima re­quested a con­tin­u­ance for a change of plea.

“Our ob­jec­tive is to have an agree­ment that re­solves the case and re­sults in no con­vic­tion for Mr. Dub­ber­stein,” De Lima said out­side the court­room.

Ear­lier this week, De Lima filed a 104page mo­tion with the 3rd Cir­cuit Court in­di­cat­ing the in­dict­ment in the case should be dis­missed be­cause the state pre­sented prej­u­di­cial, false, mis­lead­ing and hearsay tes­ti­mony dur­ing the grand jury pro­ceed­ings, which im­prop­erly in­flu­enced the grand jury.

Frye filed a mo­tion in op­po­si­tion to dis­miss the in­dict­ment.

“The de­fen­dant’s mo­tion con­tains bold ac­cu­sa­tions that the state al­lowed per­jured and false tes­ti­mony to be pre­sented dur­ing the grand jury pro­ceed­ings,” ac­cord­ing to Frye’s fil­ing.

“How­ever, the de­fen­dant’s mo­tion fails to an­a­lyze with speci­ficity how the state­ments may have been false.”

Dub­ber­stein is set to ap­pear in court again on May 24.

Newspapers in English

Newspapers from USA

© PressReader. All rights reserved.