New trial in shooting may not be necessary

Advertiser Staff

A man who obtained a state appeals court decision overturning his attempted-murder conviction of shooting a police officer near Makapu'u Point in 1998 may not be entitled to a new trial after all.

In October, the Intermediate Court of Appeals ordered a new trial for Peter Moses after concluding that the results of a blood test showing he had cocaine in his system at the time of the shooting should not have been admitted during the trial. Moses was sentenced to life in prison without the possibility of parole.

On Wednesday, the Hawai'i Supreme Court issued a ruling that the Circuit Court should have held a hearing to decide whether Peter Moses waived his right to confidentiality by voluntarily turning over his records to prosecutors.

The Supreme Court justices said that if the Circuit Court holds a hearing and decides that Moses voluntarily waived his medical records, the court should reinstate his convictions. But if it finds that Moses did not waive his right to confidentiality, a new trial should be held, the justices said.