HONOLULU (KHON2) — Trial for the two suspects charged with the 2017 murder of Telma Boinville, has been delayed yet again. The case has already been pushed back dozens of times.
The murder trial for Stephen Brown and Hailey Dandurand is now set for January 2023, pushed from its October start date. The suspects are accused of murdering Telma Boinville on December 7, 2017. The only witness, Boinville’s daughter who was 8-years-old at the time.
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Several family and friends of Boinville were in court Thursday. They said that they’re frustrated and that it’s unfair to them and to Boinville’s daughter that the trial keeps on getting delayed. And they said it if feels like the defendants have more rights than they do.
Brown’s new attorney, William Bagasol asked the judge to delay the trial so he could adequately prepare.
First Circuit Court Judge Rowena Somerville said she was granting the continuance based on Bagasol’s request for transcripts along with the court’s schedule.
“I am going to grant the continuance, but I’m going to continue it to January,” Somerville said.
Former State Attorney General Doug Chin said the court knows how important resolving the case is to the victim’s family but their priority is ensuring the defendant’s right to a fair trial is protected.
“If a defendant has a new lawyer, then they have a reason to be able to say to the judge, ‘Look, we need more time to be able to prepare,'” explained Chin.
During Thursday’s hearing, the judge also considered motions to dismiss comments the co-defendants made during their arrests. The defense claims they’re inadmissible because Brown and Dandurand were not read their rights.
Deputy Prosecuting Attorney Scott Bell prosecutor questioned six of the police officers involved in the arrest of the defendants.
“Did Miss Dandurand say anything while you waited with her at the field show-up?” Bell asked CPL David Kaawa.
“She said, ‘Officer, you may as well pull out your gun and shoot me after today, my life is over,'” Kaawa responded.
According to several officers who testified at Thursday’s hearing, Brown made a similar comment telling them to quote, ‘Just shoot me.’
“One exception to those Miranda rights would be if they’re the defendants are just saying something spontaneous,” Chin explained. “Or if they’re not in custody. Or if they’re not actually being asked to question by law enforcement.”
All six of the officers who testified under oath said they did not ask Brown or Dandurand any questions, both made those comments on their own and were unprovoked.
The judge is expected to rule on the matter Tuesday, September 6 when the hearing continues. Somerville is also expected to address Brown’s request for a separate trial.
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If granted, Chin said it’s likely the trial date will get delayed again.