Posted on: Wednesday, March 2, 2005

Car theft among first direct-filing cases

By Ken Kobayashi
Advertiser Courts Writer

City prosecutors yesterday submitted the first batch of cases that will order defendants to face trial on felony charges under a new direct-filing method authorized by a state constitutional amendment approved last year by Hawai'i voters.

City Prosecutor Peter Carlisle called direct filing a "dramatic change" that will save time and costs for the court, police and witnesses who appear before a grand jury or a judge at a preliminary hearing, the other two methods of sending felony cases to trial.

Under direct filing, prosecutors will submit papers to a judge to establish "probable cause" or a "strong suspicion" that the defendant committed the crime. If the judge finds probable cause, the defendant goes to trial.

Carlisle said nine cases have been submitted to district court. One involves a defendant accused of driving a car stolen from a municipal parking lot in January. The car theft charge carries a maximum five-year prison term upon conviction.

In the car theft case, he submitted the proposed charge and 25 pages of police reports that include statements from the car owner. If the case had gone to the grand jury or a preliminary hearing, five to seven witnesses would have been called to testify.

Direct filing will be used for less serious felonies and won't include sexual assault cases. More serious felonies such as murder or armed robbery will go through a grand jury or preliminary hearing.

Reach Ken Kobayashi at 525-8030 or kkobayashi@honoluluadvertiser.com.