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The Honolulu Advertiser
Posted on: Thursday, December 4, 2003

Ruling on hearsay evidence nullifies murder conviction

By Curtis Lum
Advertiser Courts Writer

The Hawai'i Supreme Court has thrown out the November 2000 murder conviction of a man who admitted shooting his wife 11 times in the couple's carport in 1996.

The court also ordered a new trial for Danny Haili, who was convicted of second-degree murder after prosecutors said he shot point-blank at his wife, Philimena, on June 1, 1996. In 2001, Haili was sentenced to life in prison and the Hawai'i Paroling Authority set a mandatory minimum term of 40 years before he is eligible for parole.

Haili never contested that he shot his wife, but he argued he was extremely disturbed, mentally and emotionally, on learning that his wife of 33 years was having an affair. Haili's attorney, Sam King Jr., argued that because of the mental condition, the defendant should have been convicted of the lesser crime of manslaughter, which carried a maximum 10-year prison sentence at the time.

At his trial before Circuit Judge Karen Ahn, prosecutors characterized Haili as a controlling husband who physically abused his wife. Prosecutors presented several witnesses who testified that she told them he had threatened to kill her.

King objected, characterizing the testimony as hearsay evidence that should not have been allowed. King argued that he was unable to cross-examine the source of those statements because she was dead.

In a ruling released yesterday, the high court agreed with King.

"None of Philimena's statements was made under oath, and Philimena could have benefited from these statements by garnering sympathy and support from her friends and family," the justices wrote. "To be admissible, the court must have some reason to believe that the declarant's hearsay statements are particularly trustworthy."

King yesterday characterized the ruling as "one of the most significant cases in criminal law for the defense in a long time." He said the justices have clarified what is fair in terms of hearsay evidence.

"The law was tending to drift in the opposite direction ... ," King said. "But now they made it real clear that if you're going to allow this kind of hearsay statement, it has to be in a very limited-focus context in which the statements (are) made to somebody in a situation where it's very likely to be trustworthy and reliable, like to a doctor, to a counselor."

King said Haili, who is serving his sentence in Oklahoma, has been willing to plead to the lesser manslaughter charge. If he does reach a plea agreement with prosecutors, Haili could be out of prison in three years because he has been behind bars since the shooting.

Prosecutors could not be reached for comment yesterday.

If the case does go to trial, it would be the third for Haili. In 1998, a judge declared a mistrial after the jury said it was deadlocked on whether Haili should be found guilty of murder or manslaughter.

Reach Curtis Lum at 525-8025 or culum@honoluluadvertiser.com.