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The Honolulu Advertiser
Posted on: Saturday, October 11, 2008

PROSECUTOR SAYS LEGAL MATTER MUST BE RESOLVED FIRST IN FAMILY COURT
Teen's hearing in slaying delayed

Advertiser Staff

Hawaii news photo - The Honolulu Advertiser

Vernon Bartley, 16, appeared in District Court with his attorney, Jeffrey Hawk, to answer charges that he killed a woman who was his neighbor in 'Ewa Beach. A hearing yesterday was postponed.

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A preliminary court hearing for accused teenaged killer Vernon Bartley has been delayed for two weeks over the objections of Bartley's lawyer, who argued that the case should be dismissed and his client released from custody.

Bartley, 16, was charged this week with the sexual assault and murder of his 'Ewa Beach neighbor, Karen Ertell, 51, last year.

He had been held as a juvenile in the case until Family Court waived jurisdiction over the youth Tuesday, allowing him to be charged and tried as an adult.

State law requires that a preliminary hearing establishing probable cause be held within 48 hours of the filing of such charges, or that the case be acted upon by a grand jury within the same two-day deadline.

A preliminary hearing was scheduled yesterday before District Court Judge Edwin Nacino. But First Deputy Prosecutor Douglas Chin asked that the hearing be delayed two weeks because an unspecified "legal matter" must be resolved by Family Court.

Chin said he could not discuss the matter publicly because Family Court issues are confidential.

Nacino granted the motion over the objections of Jeffrey Hawk, Bartley's lawyer, who argued that the prosecution had ample time to prepare for the preliminary hearing.

"They should be ready and they're not," Hawk said.

Bartley remains in custody, unable to post $500,000 bail.