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Attorney Thomas Otake Takes Novel Approach in Motion to Dismiss Murder Charges

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Attorney Thomas Otake Makes Bold Move in Filing Motion to Dismiss Murder Charge

On July 6, 2021, Honolulu Attorney Thomas Otake filed a novel motion to dismiss murder charges against his client by stating:

“The only way the State may prosecute attempted second-degree murder is under the authority of a grand jury indictment.”

Back in June, the Oahu Grand Jury declined to indict the officers involved in the shooting.

Former Circuit Court Judge Randal Lee offered a dissenting prospective to the motion by pointing out:

“If you go to district court there’s a number of preliminary hearings with regards to murders.”

Although Former Judge Lee's past experience carries significant weight, no specific case was quoted in support of the District court's authority to indict a defendant on a Class A felony such as murder or attempted murder.

The chief debate, which must be clarified by the court, is whether the District court has the authority to not just hold a preliminary hearing on a murder charge, but lawfully INDICT a defendant on a murder charge.

Below, is language direct from Mr. Otake's motion

The case has been polarizing as many Oahu residents are split on whether the use of deadly force was justified or misused. Above, is a picture from protestors in support of "The Three" which has become shorthand for "the three officers involved in the shooting."

Below is a link to the Star Advertiser write up :

Mr. Otake's FULL MOTION is available for download via the google drive link below: ⬇️

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