A teenager accused of raping and murdering his 'Ewa Beach neighbor in 2007 has filed motions for dismissal of the first-degree murder charge against him and for suppression of a confession he made to police.

A hearing on the motions will be held Monday before Circuit Judge Virginia Crandall.

Vernon Bartley was 15 years old when he allegedly raped and strangled Karen Ertell, 51, just days before she was scheduled to testify against him in Family Court in a burglary case.

Because Ertell was a witness in a pending case, Bartley, now 17, was charged with first-degree murder when he was indicted last year.

First-degree homicide carries the strongest punishment under Hawai'i criminal law: life in prison without the possibility of parole.

Bartley's lawyer, Jeffrey Hawk, has filed legal papers arguing that because the burglary case pending against Bartley when Ertell died involved a juvenile proceeding in Family Court, it was not a criminal case and exempts Bartley from the first-degree murder charge.

"At the time of the alleged murder on May 25, 2007, there were no 'criminal prosecutions' pending against Vernon, as he was a minor," Hawk wrote in his motion.

"There was a pending juvenile proceeding against Vernon in which Ertell was a potential witness, but that case was not a criminal prosecution," the motion continued.

Family Court law says that "no adjudication by the court of the status of any child under this chapter shall be deemed a conviction ... no child shall be found guilty or be deemed a criminal by reason of such adjudication," Hawk's motion said.

A material element of the first-degree murder charge, "that Karen Ertell was a witness in a criminal prosecution, cannot be established by the state" so the charge must be dismissed, Hawk said.

In response, First Deputy Prosecutor Douglas Chin filed a memo that said Hawk's motion relies "upon an overly technical and restrictive definition of 'criminal prosecution' " that "would lead to absurd, contradictory and illogical results."

At the time of her murder, Chin wrote, Ertell was "a witness to a burglary committed by defendant. The burglary was a criminal act in violation of the Hawaii penal code regardless of defendant's age."

Hawk's motion asks the court to find that "a witness to a crime committed by a juvenile deserves less protection under the law than a witness to a crime committed by an adult," the memo continued.

"In essence, defendant contends the life of a witness in the former is worth less than the life of a witness in the latter," Chin said.

When the Family Court waived jurisdiction over Bartley as a minor so that he can be prosecuted as an adult, Chin argued, it did so knowing that Bartley was "alleged to have committed an act that would constitute murder in the first degree or second degree ... if committed by an adult."

The motion to suppress Bartley's confession centers on what police told him when they questioned him at the youth Detention Home in 2007.

When Bartley was asked by Detective Ted Coons if he wanted to waive his rights and answer questions, "it was clear that Vernon did not fully understand his constitutional rights or the consequences if he were to waive those rights," Hawk's motion said.

"When asked if he knew what 'constitutional rights' were, Vernon replied, 'No,' " the motion continued.

"Detective Coons tried to explain the term to Vernon, but only told him that the (U.S. and state) constitutions were (a) government document that says you have certain rights," the motion said.

When asked how much education he had had, Bartley said, "I don't know" and then added that he was "home-schooled."

Bartley was 15 years old and his mother was with him when he was questioned.

Prosecutor Chin said in a reply memo that the full transcript of the interview and the "totality of the circumstance establishes that the detectives informed (Bartley) of his rights and did so in a manner consistent with (his) age and intelligence."

And Bartley was not a newcomer to the legal system, the prosecutor said.

When questioned earlier by another detective about another case, Bartley "waived his right to an attorney but invoked his right to remain silent," the memo said.

When questioned about Ertell's death, Bartley admitted lying in wait for her in her carport and strangling her with he called a "triangle" choke hold.

A mental health expert said in a report filed with the court that when Bartley was questioned by detectives, he demonstrated "choking the life out of Ertell" and "gave a short smile and silent laugh, apparently replaying the murder in his mind."

A bill supported by Ertell's relatives at the Legislature this year and last year would have required that juveniles charged with first-degree murder be automatically tried as adults.

The measure, known as "Karen's Law," was not passed.

"I am extremely disappointed that Karen's Law was never given a fair chance by the Finance Committee to simply be heard out," Ertell's daughter, Malanie McLellan, said this year.

"This type of mentality, to favor criminals' rights and not those of the victim, is why the crime rate in Hawai'i will only rise and not fall," McLellan said.

In addition to first-degree murder and sexual assault, Bartley is also charged with second-degree murder and seven other offenses, including robbery, burglary, car theft and credit card fraud.

Second-degree murder carries a punishment of life in prison with the possibility of parole. Trial in the case is scheduled to begin in mid-October.