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The Honolulu Advertiser
Posted on: Monday, July 11, 2005

Famed attorney David Schutter

By Ken Kobayashi
Advertiser Courts Writer

David Schutter
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David C. Schutter, the brilliant Honolulu trial attorney whose aggressive and fearless representation of the powerless and powerful made him one of Hawai'i's best-known lawyers, died yesterday at his Kailua home following a massive stroke last month. He was 64.

Schutter died about 3:20 p.m., said his son Chris, who was at his father's side along with three of Schutter's grandchildren.

"He let go very peacefully," Chris Schutter said. "He went out with a lot of dignity."

During his final days, David Schutter was visited by a steady stream of family members and friends, from former Gov. Ben Cayetano to Associate Hawai'i Supreme Court Justice James Duffy. They came to pay final respects to the almost legendary lawyer known to take on difficult cases and prevailing based on the force of his personality, hard work and near-photographic memory.

"He was such a passionate warrior for the underdog," said Duffy, a longtime friend. "He really felt for the less privileged people in society. He was just a ferocious advocate."

But the other side of Schutter was his generosity and his love for his sons and grandchildren, said Chris Schutter, who took care of his father the past 2 1/2 years at their Keolu Hills home.

"He was the most generous and compassionate man that I've ever known, not only to us, but complete strangers," Chris Schutter said. "He was that type of man: If he could help you, he would not hesitate."

Schutter's reputation started growing in the 1970s, when his clients included reputed underworld figures, victims of police misconduct and brutality and some of Hawai'i's most infamous violent criminal defendants.

He focused on civil litigation in the 1980s, including representing Big Island rancher Larry Mehau in his quest to clear his name of allegations that he was the "godfather" of organized crime in Hawai'i.

Along the way, Schutter clashed with some judges, who would sometimes be annoyed by his flamboyance, razor sharp tongue and courtroom theatrics that could overshadow his well-known ability to cross-examine witnesses and argue the heart of his clients' cases.

But Schutter also defended judges' decisions, including when they were criticized by former city Prosecutor Charles Marsland.

Schutter's legacy includes a legion of young lawyers who flocked to him, eager to learn from the master attorney. After leaving his office, they rose to positions throughout Hawai'i's legal community. Among them is Associate Justice Steven Levinson. Another who worked with Schutter is Cayetano.

"There are many smart lawyers in town, and David was very smart — but it was his tremendous will to win, his imagination and his willingness to take risks that separated him from the rest," Cayetano said.

"He was the one everyone turned to if it was a tough case," said Honolulu attorney Frank O'Brien, Schutter's partner in the 1970s. "He did stuff that nobody else had the courage to do, the ability to do."

Born on Sept. 2, 1940, Schutter grew up in Wisconsin, earning a law degree at the University of Wisconsin and later working at a Phoenix law firm. He came to Hawai'i in the 1960s when his military intelligence Army reserve unit was attached to the 29th Infantry Brigade at Schofield Barracks.

Schutter and Henry Peters, who would become speaker of the state House and a Bishop Estate trustee, organized a campaign to deactivate the brigade. It failed and Schutter served in Vietnam.

Upon his return in 1969, the young lawyer was one of three finalists to head the public defender's office. Longtime friend Brook Hart got the job and recalls Schutter's response: " 'That's great.' "

But Hart recalled Schutter added, " 'I'm going to make a fortune.' "

In private practice, Schutter pioneered the successful representation of victims in police brutality and misconduct cases against the city. He represented John F. Orso, who was awarded $250,000 by a jury for his lawsuit that argued he was falsely arrested for the 1970 Chinatown murder of underworld figure Francis Burke.

Schutter also represented teenager Rodney Kiyota, one of the most notorious defendants of the 1970s. Schutter negotiated a stunning plea agreement in which Kiyota received a 10-year prison term for manslaughter for the 1976 stabbing of a 12-year-old girl and reduced rape and sodomy charges involving a University of Hawai'i student.

In perhaps his most explosive criminal case, Schutter was the lawyer for organized crime figure Charles Stevens, who was found guilty by a jury of the 1978 double murder of a man and a woman whose dismembered bodies were found in a shallow grave in Wai'anae Valley. The verdict was set aside by Circuit Judge Harold Shintaku.