HONOLULU (KHON2) — More than a month after losing a hand from a sword attack, the victim is back in the hospital as doctors try to save his other hand. His attorney also claims that prosecutors have a conflict of interest regarding the case.
Attorney Myles Breiner said his client Alexander DeJarnette has lost his left hand from the sword attack. And has been in and out of the hospital dealing with sepsis, a life-threatening blood infection. He’s also been trying to go to a mainland hospital to reattach his right hand.
Check out more news from around Hawaii
“Unfortunately, the prosecutor’s office, their due diligence is insisting on detailed information on which doctor, where he’s going to be staying. So it’s delayed his getting up to the mainland,” said Breiner.
Prosecutors said Jason Walker attacked DeJarnette outside a 7-Eleven in Waikiki in July. Walker has been charged with attempted murder and is awaiting trial. DeJarnette is also a suspect in a stabbing incident in March and was out on bail when the sword attack happened. Breiner said the Honolulu Prosecutors’ office has a conflict of interest in handling both cases.
“The same office can’t do both. They can’t be prosecuting him for one crime and then lauding him as a victim of an attempted murder by Mr. Walker,” said Breiner.
He said the state attorney general’s office should prosecute one of the cases. Legal experts said the prosecutor’s office can avoid the conflict by making sure the two cases are handled separately.
“They basically build a wall so that the information is not shared and that one party cannot use the other information from the other side,” said Randal Lee, a retired Circuit Court judge.
The prosecutor’s office sent a statement that said, “Our office is big enough that we can often erect effective firewalls between cases to avoid conflicts…. The deputy prosecutors and staff working on the sword attack case are blocked from accessing the… files for the other case, and vice versa.”
Breiner said it’s not a practical solution and calls it an ethical obligation for prosecutors to step away from one of the cases.
Check out what’s going on around the nation on our National News page
“It also avoids later on appellate issues. Why create a conflict of interest that later on could be raised before the court of appeals? Avoid it!” said Breiner.