By William Cole
Advertiser Courts Writer
A murder case involving a man accused in the 1989 execution-style slaying of an alleged drug dealer in Waimanalo has been dismissed again.
In dismissing the case, Circuit Judge Gail Nakatani cited the extortion allegation that had led to a murder charge being thrown out against John Joseph "Joe" Griffiths in 1997, the first time the case was dismissed.
Judge Wilfred Watanabe ruled at the time that claims of extortion involving Michael Hee, a key witness for the prosecution, and other co-defendants in the case had not been investigated thoroughly, said Griffiths’ attorney, Keith Shigetomi.
Nakatani recently concluded that the investigation was still inadequate, according to the defense.
Griffith’s lawyer Phil Lowenthal asked for the dismissal in 1997 because of a report that Hee wanted his co-defendants to pay his lawyer’s fees or he would testify against them.
The attorney general’s office investigated, but "no one was cooperating," said Honolulu deputy prosecutor Darrell Wong, and the outcome was neither a confirmation nor a denial that any extortion had taken place.
But Shigetomi said the attorney general’s office "asked a couple of questions — and that was it."
The attorney general’s office could not be reached for comment yesterday.
Prosecutors, who re-indicted Griffiths, complained yesterday that Nakatani’s decision was made on the unsubstantiated extortion claim.
"What extortion scheme?" Wong said yesterday. "No extortion has been proven."
But Shigetomi said prosecutors have no one to blame but themselves. "If they conducted an inadequate investigation in 1997 and haven’t done anything since then, it’s their fault," Shigetomi said.
Griffiths and four other men were indicted in 1993 on charges relating to the murder of Eric Kamanu, a runner-up in the 1986 Mr. Hawaiian Islands bodybuilding competition. Kamanu’s body was found in August 1989 in tall grass along Huli Street in Waimanalo. He had been shot four times in the head. Prosecutors said Kamanu was a cocaine dealer and Griffiths had been hired to kill him.
Three men charged with conspiracy had their cases thrown out because the statute of limitations had expired. Hee was charged with murder, pleaded guilty to manslaughter and agreed to testify for the prosecution. Now under witness protection, he is expected to receive a reduced sentence.
The dismissal leaves Hee in limbo and Griffiths with an uncertain future. Shigetomi declined to say what Griffiths, a former Maui resident, is doing now.
"(Griffiths) is pleased, but he got it dismissed once before and they brought it back," Shigetomi said. "So he’s still taking a wait-and-see attitude."
Nakatani’s ruling was made with prejudice, meaning Griffiths can’t be re-indicted. A prosecution request for the judge to reconsider the ruling is scheduled for Feb. 28. If that fails, the prosecution may appeal the decision, Wong said.
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