Wrongly Convicted Database Record
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Charge: |
Second Degree Murder |
Sentence: |
Life Imprisonment with possibility of parole |
Years Imprisoned: |
2 |
Year Crime: |
2000 |
Year Convicted: |
2002 |
Year Cleared: |
2004 |
U.S. State or Country of Crime: |
Hawaii |
County or Region of Crime: |
Honolulu |
City of Crime: |
Honolulu |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Kenneth Wakisaka was wrongly convicted in 2002 of second-degree murder in the death of his wife Shirlene in their Honolulu, Hawaii home in April 2000. After his conviction by a jury based on circumstantial evidence, Wakisaka was sentenced to life in prison with the possibility of parole. On October 23, 2003 the Hawaii Supreme Court vacated Wakisaka's conviction on the basis of prosecutor misconduct for improperly commenting to the jury on Wakisaka's decision not to testify, and ineffective assistance of his trial counsel. Wakisaka's indictment was subsequently dismissed due to the prosecution's misconduct of failing to accede the grand jury's request for a subpoena to be issued for a tenant of the Wakisaka's who at the time of the murder was living in a spare room of their home. Wakisaka was not reindicted." |
Conviction Caused By: |
Prosecutor misconduct and ineffective assistance of counsel. |
Innocence Proved By: |
"On October 23, 2003 the Hawaii Supreme Court vacated Wakisaka's conviction on the basis of prosecutor misconduct and ineffective assistance of his trial counsel. Wakisaka's indictment was subsequently dismissed due to the prosecution's misconduct of failing to accede the grand jury's request for a subpoena to be issued for a tenant of the Wakisaka's who at the time of the murder was living in a spare room of their home. Wakisaka was not reindicted." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
46 |
Age When Released: |
48 |
Sex: |
Male |
Skin/Ethnicity: |
Other |
Information Source 1: |
"State v. Wakisaka, 78 P. 3d 317, 102 Haw. 504 (Haw: Sup. Ct., 2003)" |
Information Location 1: |
http://www.state.hi.us/jud/25348.htm |
Information Source 2: |
"Man found guilty of killing wife, By David Waite (Advertiser Courts Writer), Honolulu Advertiser, June 29, 2002" |
Information Location 2: |
http://the.honoluluadvertiser.com/article/2002/Jun/29/ln/ln26a.html |
Information Source 3: |
"Waiting for Justice: Cold case revisited, Part 2, By Gina Mangieri and photographer Greg Lau, KHON-TV (Honolulu), February 26, 2014" |
Information Location 3: |
http://khon2.com/2014/02/26/waiting-for-justice-cold-case-revisited-part-2/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org