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Albert “Ian” Schweitzer, Hawaii man imprisoned for Dana Ireland’s 1991 murder and rape, released after lawyer presents new evidence

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Hawaii Murder Innocence Project
Albert “Ian” Schweitzer hugs his mother, Linda, moments after a judge ordered him released from prison, in Hilo, Hawaii, on Jan. 24, 2023. The judge’s ruling came immediately after Schweitzer’s attorneys presented new evidence and argued that Schweitzer didn’t commit the crimes he was convicted of and spent more than 20 years locked up for: the 1991 murder, kidnapping and sexual assault of a woman visiting Hawaii.

Marco Garcia / The Innocence Project via AP Images


Honolulu — – A judge on Tuesday ordered a man released from prison immediately after his attorneys presented new evidence and argued that he didn’t commit the crimes he was convicted of and spent more than 20 years locked up for: the 1991 murder, kidnapping and sexual assault of a woman visiting Hawaii.

Albert “Ian” Schweitzer, who was convicted in 2000 and sentenced to 130 years in prison, should be “released from his shackles immediately,” Judge Peter Kubota ruled.

That prompted tears, applause and hugs in the Hilo courtroom for Schweitzer, who was flown to the Big Island for the hearing from the Arizona prison where he was serving his sentence.

CBS Honolulu affiliate KGMB-TV reports that in a news conference, standing by his mother and other family members, a visibly moved Schweitzer thanked his lawyers and the judge. “I’m just grateful, very thankful,” he said.

Schweitzer told The Associated Press during a phone interview in recalling the moment of his release that his “feelings were all over the place. … Nerves, anxiety, scared.”

The justice system is “flawed,” he said, calling himself one of many imprisoned for crimes they didn’t commit.

A petition filed late Monday outlined additional evidence in one of Hawaii’s biggest murders, which unfolded on Christmas Eve in 1991 on the Big Island.

Dana Ireland, 23, was found barely alive in the bushes along a fishing trail in Puna, a remote section of the island. She had been sexually assaulted and beaten, and later died at Hilo Medical Center. The mangled bicycle she had been riding was found several miles away and appeared to have been run into by a vehicle.

The slaying of the blond-haired, blue-eyed visitor from Virginia gained national attention and remained unsolved for years, putting intense pressure on police to find the killer.

“Whenever you have a white, female victim … it gets a lot more attention than people of color and Native Hawaiians,” said Kenneth Lawson, co-director of the Hawaii Innocence Project. “The parents, understandably, were becoming more and more infuriated. … There was insurmountable pressure to solve this case. And when that happens, mistakes are made. Some intentional and some unintentional.”

Ireland’s relatives couldn’t immediately be reached for comment on the petition and Schweitzer’s release. Prosecutors didn’t immediately comment on Schweitzer’s release.

Hawaii Murder Innocence Project
A court officer removes Albert “Ian” Schweitzer’s handcuffs following a judge’s decision to release him from prison immediately after his attorneys presented new evidence at a hearing on Jan. 24, 2023, in Hilo, Hawaii and argued that he didn’t commit the crimes he was convicted of and spent more than 20 years locked up for: the 1991 murder, kidnapping and sexual assault of a woman visiting Hawaii.

Marco Garcia / The Innocence Project via AP Images


With help from the Innocence Project in New York, the co-counsel in the case, Lawson’s group represented Schweitzer, the last of three Native Hawaiian men convicted in Ireland’s death who had remained imprisoned.

DNA evidence previously submitted in the case belonged to an unknown man and all three of the convicted men were excluded as sources.

New DNA evidence, according to the petition, shows a “Jimmy Z” brand T-shirt found near Ireland and soaked with her blood belonged to the same unknown man, and not to one of the three men, as prosecutors claimed.

Additionally, a new tire tread analysis concluded Schweitzer’s Volkswagen Beetle car didn’t leave the tire marks at either location where Ireland and her bicycle were found. A forensic odontologist also concluded an injury on her left breast wasn’t a bitemark, as previously believed, the petition said.

“At a new trial today, a jury would not convict Mr. Schweitzer of Ms. Ireland’s sexual assault and murder,” the petition said. “In fact, a prosecutor would likely not even arrest Mr. Schweitzer for this crime.”

The likelihood that all three men participated in a sexual attack and left no trace of biological evidence – including a lack of evidence uncovered with advanced forensic testing – is “extraordinarily improbable,” the petition said.

In 2019, Schweitzer’s attorneys and Hawaii County prosecutors entered into a “conviction integrity agreement” to reinvestigate the case. It was the first time in Hawaii there has been this type of agreement, Lawson said, which is increasingly being used to reexamine questionable convictions and guard against future errors.

“Over the last three years, we have shared information and re-examined forensic evidence. No matter the outcome in these post-conviction proceedings, we remain committed to identifying unknown male #1 and seeking justice for Dana Ireland and her `ohana,” Hawaii County Prosecuting Attorney Kelden Waltjen said in a statement before the ruling, using the Hawaiian word for “family.”

However, Deputy Prosecuting Attorney Shannon Kagawa asked the judge to deny the petition, saying the new evidence wouldn’t change the outcome of a new trial.

Kubota disagreed, saying that based on the new evidence, a jury would acquit Schweitzer.

Much of the background on the Ireland case is detailed in a document filed with the petition listing facts that defense attorneys and prosecutors have stipulated.

In 1994, police made what they believed to be a major breakthrough. A man facing charges for his role in a cocaine conspiracy contacted police and claimed his half-brother, Frank Pauline Jr., witnessed Ireland’s attack, according to the stipulated facts document.

Police interviewed Pauline, who was in his third month of a 10-year sentence for an unrelated sex assault and theft. He claimed brothers Ian and Shawn Schweitzer attacked and killed Ireland. But he was interviewed at least seven times and gave inconsistent accounts each time, eventually incriminating himself, the stipulation document said.

Despite the lack of evidence linking them to the killing, the two Schweitzers and Pauline were indicted in 1997.

At one point the charges were dismissed because all three men were excluded as the source of semen found in Ireland and on a hospital gurney sheet. They were indicted again after another informant claimed Ian Schweitzer confessed to him in jail that Pauline raped and killed Ireland.

Pauline later said he offered details to police about the Ireland murder in order to get drug charges dropped against his half-brother.

In a prison interview with the A&E show “American Justice,” Pauline compared his story to the tale of the boy who cried wolf. “Wasn’t me,” he said in a strong Hawaii Pidgin accent. But when he started telling the truth, he said no one believed him.

Shawn Schweitzer took a deal to plead guilty to manslaughter and kidnapping – and receive credit for about a year served and five years of probation – after seeing juries convict Pauline and his brother in 2000.

In October, Shawn Schweitzer met with prosecutors and recanted. According to the stipulation document, he pleaded guilty because his “parents did not want to risk losing another son and encouraged Shawn Schweitzer to do what he needed to do to come home and not suffer the same fate as his brother.”

Shawn Schweitzer “continues to feel immense guilt about agreeing to the confession and entering a guilty plea for a crime he did not commit and falsely implicating his brother,” the document said.

A polygraph test in November showed he was telling the truth when he denied any involvement in the murder, the document said.

Pauline was killed in a New Mexico prison by a fellow inmate in 2015.

Being back in Hawaii “tastes great,” Schweitzer told the AP.

“The air is good,” he said. “The water is good.”  



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Former New York Gov. David Paterson, stepson attacked while walking in New York City

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NEW YORK — Former New York Gov. David Paterson and his stepson were attacked in New York City on Friday night, authorities said.

The incident occurred just before 9 p.m. on Second Avenue near East 96th Street on the Upper East Side, according to the New York City Police Department.

Police said officers were sent to the scene after an assault was reported. When officers arrived, police say they found a 20-year-old man suffering from facial injuries and a 70-year-old man who had head pain. Both victims were taken to a local hospital in stable condition.

In a statement, a spokesperson for the former governor said the two were attacked while “taking a walk around the block near their home by some individuals that had a previous interaction with his stepson.” 

The spokesperson said that they were injured “but were able to fight off their attackers.” 

Both were taken to Cornell Hospital “as a precaution,” he added. 

Police said no arrests have been made and the investigation is ongoing.

The 70-year-old Paterson, a Democrat, served as governor from 2008 to 2010, stepping into the post after the resignation of Eliot Spitzer following his prostitution scandal. He made history at the time as the state’s first-ever Black and legally blind governor. 



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Teen critically wounded in shooting on Philadelphia bus; one person in custody

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A 17-year-old boy was critically injured and a person is in custody after a gunman opened fire on a SEPTA bus in North Philadelphia Friday evening, police said.

At around 6:15 p.m., Philadelphia police were notified about a shooting on a SEPTA bus traveling on Allegheny Avenue near 3rd and 4th streets in North Philadelphia, Inspector D F Pace told CBS News Philadelphia.

There were an estimated 30 people on the bus at the time of the shooting, Pace said, but only the 17-year-old boy was believed to have been shot. Investigators said they believe it was a targeted attack on the teenager and that he was shot in the back of the bus at close range.

According to Pace, the SEPTA bus driver alerted a control center about the shooting, which then relayed the message to Philadelphia police, who responded to the scene shortly.

Officers arrived at the scene and found at least one spent shell casing and blood on the bus, but no shooting victim, Pace said. Investigators later discovered the 17-year-old had been taken to Temple University Hospital where he is said to be in critical condition, according to police.

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Officers arrived at the scene and found at least one spent shell casing and blood on the bus, but no shooting victim, Pace said  

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Through their preliminary investigation, police learned those involved in the SEPTA shooting may have fled in a silver-colored Kia.

Authorities then found a car matching the description of the Kia speeding in the area and a pursuit began, Pace said. Police got help from a PPD helicopter as they followed the Kia, which ended up crashing at 5th and Greenwood streets in East Mount Airy. Pace said the Kia crashed into a parked car.

The driver of the crashed car ran away but police were still able to take them into custody, Pace said. 

Investigators believe there was a second person involved in the shooting who ran from the car before it crashed. Police said they believe this person escaped near Allegheny Avenue and 4th Street, leaving a coat behind. 

According to Pace, police also found a gun and a group of spent shell casings believed to be involved in the shooting in the same area.

“It’s very possible that there may have been a shooting inside the bus and also shots fired from outside of the bus toward the bus,” Pace said, “We’re still trying to piece all that together at this time.”

This is an active investigation and police are reviewing surveillance footage from the SEPTA bus.



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