Judge may find convict waived right to privacy

By David Waite
Advertiser Courts Writer

Circuit Judge Marie Milks yesterday said she is inclined to rule that Peter Moses voluntarily consented to the release of his medical records, which played a role in his attempted-murder conviction in the shooting of police officer Earl Haskell near Makapu'u Point in 1998.

In 2002, the Intermediate Court of Appeals ordered a new trial for Moses after concluding that a blood test showing he had cocaine in his system at the time of the shooting should not have been admitted during trial. Moses was convicted in December 1999 and sentenced to life in prison without the possibility of parole.

Last year, the Hawai'i Supreme Court ruled that the Circuit Court should have held a hearing to decide whether Moses waived his right to confidentiality by voluntarily turning over his records to prosecutors.

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

Based on that Supreme Court ruling, the Circuit Court is holding an evidentiary hearing in the case.

State Public Defender Susan Arnett told Milks yesterday that Moses asked that his medical records be released to his attorney, Debra Loy, also a public defender, to see if anything in them might be used to aid in his defense.

Moses never consented to Loy turning the medical records over to the prosecution, Arnett said.

But city Deputy Prosecutor Donn Fudo said that Moses acknowledged waiving his right to have his medical records remain confidential when he requested that the records be given to Loy.

Milks did not say when she expects to rule.

Reach David Waite at 525-8030 or at dwaite@honoluluadvertiser.com.