Hilo Judge Peter Kubota questioned why police need to protect records pertaining to a suspect who is now dead.
The question of whether the Hawaii County Police Department will have to turn over records of its investigation into new developments in the Dana Ireland case will now go to the state Supreme Court.
Lawyers representing Albert Ian and Shawn Schweitzer previously filed a motion to compel the department to release records of its investigation into Albert Lauro Jr., recently identified as being the source of DNA found on Ireland after her killing in 1991. He killed himself last month after police took a cheek swab from him.
Judge Peter Kubota last week granted the lawyers’ motion and ordered that a subpoena be issued to the department for multiple items. These included tapes, emails and written communications regarding taking the swab from Lauro on July 19, as well as what he said before, during and after.
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Investigators confirmed Albert Lauro Jr., 57, of Hawaiian Paradise Park, as the source of DNA collected from Dana Ireland’s body at the time of her killing in 1991. He killed himself days after meeting with police to give a cheek swab sample. (Hawaii Police Department)
Police said they spoke to Lauro at the station for about an hour when they took the swab but lacked probable cause to arrest him for Ireland’s murder. He killed himself at his home days later.
The department was going to have to hand over the records on Wednesday, according to Keith Shigetomi, an attorney representing Shawn Shweitzer. A hearing regarding the Schweitzer brothers’ bid for actual innocence was scheduled for Friday. It’s now been canceled.
Lawyers for the police department argue that disclosing the records could compromise their investigation. In the petition filed with the court Wednesday, they also state that the investigation is “in its infancy” and some of the records requested are incomplete or unavailable.
“Given the new developments in the underlying case, HPD is currently in the midst of completing interviews of witnesses and/or subjects, analyzing Lauro’s electronic devices, finalizing written narratives, and awaiting autopsy and toxicology reports,” the petition says. “Releasing incomplete records during this ongoing investigation would categorically disrupt the criminal investigation and could jeopardize the integrity of the investigation.”
But with Lauro now dead, Brian Black, president and executive director of the Public First Law Center, said it begs the question, “Who are they investigating?”
During Wednesday’s hearing, Kubota asked the attorney for Hawaii County, E. Britt Bailey, how the police investigation could still be going on, HNN reported.
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“Are you going to prosecute this dead guy?” he said.
Hawaii Police Chief Ben Moszkowicz said the police lacked probable cause to arrest Lauro last month when they met with him to collect the cheek swab. Lawyers for the Innocence Project say the department mishandled the case by letting Lauro go. (Kevin Fujii/Civil Beat/2023)
He also said he thought the county’s motions were ways to delay the Schweitzers’ civil case, HNN reported. The Schweitzers were exonerated in Ireland’s death last year after Ian Schweitzer spent 25 years in prison, according to the Innocence Project. But they have not been declared actually innocent, which needs to happen for them to seek compensation from the county.
“These guys were convicted 23 years ago and they’re seeking a determination of actual innocence and in my view, justice delayed at your behest, is justice denied,” Kubota said, according to HNN.
Black said there are other weaknesses in the police department’s argument.
The department says it should not have to release the records under an exemption of the Uniform Information Practices Act that allows government records to remain private when their release would frustrate a “legitimate government function.”
But Black said UIPA doesn’t apply in this case.
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“Innocence Project didn’t ask them for the records under UIPA, they asked them for records under litigation,” he said. “That’s got a completely different standard … It’s just a completely different framework for how you look at what the obligations are, what you have to disclose and what reasons you have for not disclosing.”
Ultimately, it is up to the judge overseeing the case to decide if the police department will have to give up the records. It could take anywhere from weeks to months for the Supreme Court to decide on what to do about the police department’s petition, Black said.
Lawyers with the New York and Hawaii Innocence Projects partnered with a private DNA identification company earlier this year to track down the source of semen recovered from Ireland’s body after she was found nearly dead on a fishing trail in Puna. Investigators were able to narrow down the results to identify Lauro as the suspect, and Innocence Project lawyers say Big Island police mishandled the case by failing to take him into custody.
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At UH Hilo, ʻōlelo Hawaiʻi is not simply a subject taught in classrooms, it is a living language that connects us to this place, to one another, and to the generations who came before us.
This column is by Pelehonuamea Harman, director of Native Hawaiian engagement at the University of Hawaiʻi at Hilo. In her columns, Pele shares Native Hawaiian protocols on the use of ōlelo Hawaiʻi (Hawaiian language), cultural traditions, traditional ways of Indigenous learning, and more. This column is on Mahina ʻOlelo Hawaiʻi (Hawaiian Language Month), celebrated every February to honor the Hawaiian language.Pelehonuamea Harman
Each year, the month of Pepeluali marks Mahina ʻŌlelo Hawaiʻi, a time dedicated to celebrating and uplifting the Hawaiian language. At the University of Hawaiʻi at Hilo, ʻōlelo Hawaiʻi is not simply a subject taught in classrooms, it is a living language that connects us to this place, to one another, and to the generations who came before us.
While Pepeluali gives us a focused moment of celebration, the Hawaiian language should not live only within a single month. ʻŌlelo Hawaiʻi thrives when it is used every day.
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One of the simplest and most meaningful ways to begin is by pronouncing the words we already encounter daily with accuracy and care. Hawaiian is an oral language carried through voice and relationship. When we take the time to say words correctly, we demonstrate respect for the language and for the poʻe (people) who have worked tirelessly to ensure its survival.
Across our own campus, we have opportunities to do this every day.
Let us honor the names of our places by using them fully:
An attendee at celebrations on May 6, 2023, takes a photo of the new Edith Kanakaʻole mural by artist Kamea Hadar. The mural is located at Edith Kanakaʻole Hall, named after beloved educator Aunty Edith, on the campus of UH Hilo. (Photo: UH System News)
Kanakaʻole Hall, not “K-Hall.” (Formally Edith Kanakaʻole Hall, named after our beloved kumu.)
Waiʻōlino, not “CoBE,” for our College of Business and Economics. (Formally Hānau ʻO Waiʻōlino; waiʻōlino literally means sparkling waters, alluding here to bringing forth waters of wellbeing and prosperity.)
These names are not merely labels for buildings. They carry ʻike (knowledge), history, and meaning. Speaking them in their entirety acknowledges the stories and values embedded within them.
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Using ʻōlelo Hawaiʻi does not require fluency. It simply requires willingness. Each of us already knows words we can begin using more intentionally.
Greet one another with aloha.
Express gratitude with mahalo whenever possible.
Small choices like these help normalize Hawaiian language in our daily interactions and strengthen UH Hilo’s identity as a place grounded in Hawaiʻi.
One of the most common questions I am asked is: How do you respond in ʻōlelo Hawaiʻi when someone says “mahalo” to you?
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Here are three simple and appropriate responses:
ʻAʻole pilikia — It’s no problem.
He mea iki — It is just a little thing.
Noʻu ka hauʻoli — The pleasure is mine.
There is no single correct answer. What matters most is participating in the exchange and allowing the language to live through conversation.
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Aerial view of the UH Hilo campus with Hilo Bay in the distance. UH Hilo’s commitment to Native Hawaiian success and place-based education calls on all of us to help create an environment where ʻōlelo Hawaiʻi is visible, audible, and welcomed. (Archive photo)
UH Hilo holds a unique and important role as Hawaiʻi Island’s university. Our commitment to Native Hawaiian success and place-based education calls on all of us to help create an environment where ʻōlelo Hawaiʻi is visible, audible, and welcomed.
You do not need to wait until you feel ready. You do not need to know many words. The language grows stronger each time it is spoken.
So during Mahina ʻŌlelo Hawaiʻi and throughout the entire year I encourage the UH Hilo ʻohana to:
Use the Hawaiian words you already know.
Pronounce names and places with intention and care.
Greet others with aloha.
Share mahalo often.
Because when we use ʻōlelo Hawaiʻi, we are doing more than speaking words, we are helping to perpetuate and uplift the native language of our home.
E ola ka ʻōlelo Hawaiʻi. Let the Hawaiian language live.
Hawaii Rainbow Warriors Tread Rosenthal, Trevell Jordan and Louis Sakanoko put up a triple block against BYU Cougars Trevor Herget during Wednesday’s NCAA men’s volleyball match at the Bankoh Arena at Stan Sheriff Center.
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Kainoa Wade came on strong to lead another balanced Hawaii attack with 16 kills and the third-ranked Rainbow Warriors responded to a rare set loss in a big way to defeat No. 6 Brigham Young 27-25, 23-25, 25-17, 25-18 tonight.
A Bankoh Arena at Stan Sheriff Center crowd of 4,800, who showed up for a match scheduled just three weeks ago as a late addition to the schedule, saw Hawaii (13-1) drop the second set despite hitting .538.
UH had full command of the rest of the match and finished the night hitting .460 as a team. Louis Sakanoko added 15 kills, six digs and three aces and Adrien Roure had 14 kills in 24 swings.
Middle Travell Jordan posted a season-high seven kills in 11 swings with four blocks and Ofeck Hazan, who came into the match to start the third set, had four kills and two blocks.
Trent Moser had 18 kills to lead the Cougars (13-3), whose previous two losses came in five sets against No. 4 UC Irvine.
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UH’s loss in the second set was just its sixth of the season and third in its 13 wins. Hawaii has won 10 matches in a row.
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The two teams will play again on Friday night at 7.
