Wrongly Convicted Database Record

 

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Kenneth Wakisaka

 

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:

Compensation Awarded:

Was Perpetrator Identified?

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/

Information Source 4:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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