Man who shot officer loses in court — again

By David Waite
Advertiser Courts Writer

Circuit Judge Marie Milks has ruled 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.

But the Hawai'i Supreme Court ruled in 2003 that the Circuit Court should have held a hearing to decide whether Moses waived his right to confidentiality when his lawyer voluntarily turned over his records to prosecutors.

According to the high court justices, 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.

Milks held the hearing Feb. 11 and ruled on Monday.

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