WAILUKU — Saying improper testimony was presented to a Maui County grand jury that indicted a man in connection with a 2006 traffic death, a judge Wednesday dismissed charges of manslaughter and negligent injury, The Maui News reported today.

The felony counts against 24-year-old Curtis Wright of Kaunakakai were dismissed without prejudice, allowing prosecutors to seek a new indictment in the case.

But defense attorney David Sereno said Wright would appeal the fact that the dismissal was without prejudice. He argued that there was prejudice, which would prevent Wright from being reindicted.

According to a police investigation, Wright was speeding and under the influence of alcohol when the rented 2006 Chrysler sedan he was driving rear-ended a 1999 three-wheeler Harley-Davidson motorcycle on Kuihelani Highway at Waiko Road at 7:24 p.m. Aug. 25, 2006. Both vehicles were Kahului-bound, with the motorcycle stopped at a red light at the intersection when it was hit, police said.

Haiku resident Filbert Carvalho Jr., 38, who was operating the motorcycle, died of injuries he suffered in the collision. His wife, Leilani, who was a passenger, was seriously injured.

In asking that the indictment against Wright be dismissed with prejudice, Sereno cited the questioning and testimony of officer Duke Pua, a police traffic investigator.

Asked by Deputy Prosecutor John Tam why he recommended a manslaughter charge instead of first-degree negligent homicide, Pua said Wright's blood-alcohol level of 0.168 percent was twice the legal limit of 0.08 percent and his vehicle was traveling at least 70 mph at the point of impact in the 45-mph zone.

"So just imagine yourself stopped at the intersection and a car comes up from behind and plows you at 70 miles an hour," Pua responded. "It was a rear-end collision, and also that it was gross negligence because - and recklessness as well because you have this intersection, you have the streetlights, all the traffic lights; and because of his impairment, Mr. Wright was unable to see - see another car in front of him as he approached the intersection."

Sereno said such arguments, which suggest that jurors place themselves in the position of a victim, are generally improper in criminal and civil court cases.

He said the influence Pua had was demonstrated when a juror then asked the officer if there was a more serious charge available and whether the officer believed a manslaughter charge was appropriate.

Pua responded that, under the law, manslaughter was the highest charge available. A manslaughter conviction carries a penalty of up to 20 years in prison.

Other parts of Pua's testimony repeated what other witnesses already had said, Sereno said. He said Pua was the last witness who was questioned by Tam before jurors deliberated.

"The only thing he wanted out of officer Pua was to influence the grand jury," Sereno said in court Wednesday. "They did everything they could to taint this grand jury and jeopardize my client's rights to a fair and impartial grand jury.

"It's improper conduct."

Deputy Prosecutor Carson Tani said he believed the grand jury would have had enough evidence to indict Wright without Pua's testimony.

In dismissing the indictment without prejudice, 2nd Circuit Judge Joel August said the officer's testimony on legal conclusions about the propriety of the manslaughter charge was "clearly improper."

But "the court does not believe there was some intention to somehow undermine the fairness and integrity of the grand jury proceeding," August said.

He said the grand jury proceeding was handled by "probably the most experienced prosecutor - that's what's surprising to the court."

"There is presumptively prejudicial conduct here," August said. "The officer's conduct was more likely the result of inadequate or inept preparation of the witness by the prosecutor rather than some intentional misuse of the grand jury system."

If the case is reindicted, August said it must be presented to a different grand jury panel.

"We will reindict," Tani said after the hearing.

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