CBS News
Albert “Ian” Schweitzer, Hawaii man imprisoned for Dana Ireland’s 1991 murder and rape, released after lawyer presents new evidence
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.
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.”
CBS News
Drone activity in New York shut down runways at Stewart Airfield, governor says
NEW WINDSOR, N.Y. — Drone activity forced runways at New York’s Stewart Airfield to shut down Friday night, according to Gov. Kathy Hochul.
“Last night, the runways at Stewart Airfield were shut down for approximately one hour due to drone activity in the airspace. This has gone too far,” Hochul said in a statement released Saturday morning.
Hochul’s statement echoes a growing frustration among Tri-State Area lawmakers demanding answers from the federal government about the drones’ origins amid numerous reports of them flying over New York, New Jersey and Connecticut.
White House officials have deemed suspected threats from the drones to be “not credible” and said many sightings are likely just of planes.
Growing frustration with drones
Local officials have expressed angst over the federal response, especially after drones were reported over New York City.
“The people of Staten Island deserve answers, and the people of this city and state and region deserve answers of what the heck is going on,” Staten Island Borough President Vito Fossella said.
Hochul’s statement Saturday also called on federal lawmakers to pass a law strengthening the Federal Aviation Administration’s oversight of drones:
“In mid-November, I directed the New York State Intelligence Center to actively investigate drone sightings and coordinate with federal law enforcement to address this issue, and those efforts are ongoing. But in order to allow state law enforcement to work on this issue, I am now calling on Congress to pass the Counter-UAS Authority Security, Safety, and Reauthorization Act. This bill would reform legal authorities to counter-UAS and strengthen the FAA’s oversight of drones, and would extend counter-UAS activities to select state and local law enforcement agencies.”
“Extending these powers to New York State and our peers is essential. Until those powers are granted to state and local officials, the Biden Administration must step in by directing additional federal law enforcement to New York and the surrounding region to ensure the safety of our critical infrastructure and our people.”
New Jersey Rep. Chris Smith scheduled a press conference to give an update on drone activity Saturday in Seaside Heights. Smith said he also plans to unveil new federal legislation to address the issue.
It comes after New Jersey Gov. Phil Murphy sent a letter to President Biden, asking for the federal government’s help addressing the drones.
“While I am sincerely grateful for your administration’s leadership in addressing this concerning issue, it has become apparent that more resources are needed to fully understand what is behind this activity,” Murphy wrote.
Drone sightings have also been reported in Pennsylvania and other cities along the East Coast.
contributed to this report.
CBS News
Blinken publicly confirms U.S. officials have been in direct contact with the Syrian rebel group that ousted Assad
U.S. Secretary of State Antony Blinken said Saturday that American officials have been in direct contact with the Syrian rebel group that spearheaded the overthrow of President Bashar al-Assad’s government but is designated a foreign terrorist organization by the United States and others.
Blinken is the first U.S. official to publicly confirm contacts between the Biden administration and Hayat Tahrir al-Sham, or HTS, which led a coalition of armed opposition groups that ousted Assad from power last Sunday.
Speaking at a news conference in Aqaba, Jordan, Blinken would not discuss details of the contacts but said it was important for the U.S. to convey messages to the group about its conduct and how it intends to govern in a transition period.
“Yes, we have been in contact with HTS and with other parties,” Blinken said. He added that “our message to the Syrian people is this: We want them to succeed and we’re prepared to help them do so.”
Blinken also said that officials are “also communicating directly with those in positions of authority in Syria.”
HTS, which was once an affiliate of al-Qaida, has been designed as a foreign terrorist organization by the State Department since 2018. That designation carries with it severe sanctions, including a ban on the provision of any “material support” to the group or its members. The sanctions do not, however, legally bar U.S. officials from communicating with designated groups.
In an interview Saturday on Syrian television, the group’s leader, Ahmad al-Sharaa, formerly known as Abu Mohammed al-Golani, did not address any direct contact with the United States, but said the new authorities in Damascus, the capital, are in touch with Western embassies.
HTS has worked to establish security and start a political transition after seizing Damascus and has tried to reassure a public both stunned by Assad’s fall and concerned about extremist jihadis among the rebels. Insurgent leaders say the group has broken with its extremist past.
Al-Sharaa appeared in a video message Friday congratulating “the great Syrian people for the victory of the blessed revolution.”
U.S. officials say al-Sharaa has been making welcome comments about protecting minority and women’s rights but remain skeptical that he will follow through on them in the long run.
“We know that what happens inside of Syria can have powerful consequences well beyond its borders, from mass displacement to terrorism, and we know that we can’t underestimate the challenges of this moment and in the weeks and months ahead,” Blinken said Saturday.
On Friday, the rebels and Syria’s unarmed opposition worked to safely turn over to U.S. officials an American man who had been imprisoned by Assad.
Blinken said U.S. officials are continuing “our own dogged, determined efforts” as they search for Austin Tice, an American journalist who disappeared 12 years ago near Damascus.
“We have impressed upon everyone we’ve been in contact with the importance of helping find Austin Tice and bringing him home,” Blinken said.
Travis Timmerman, the American who said he was freed from a Syrian prison after Assad’s ouster, was taken out of the country by the U.S. military, CBS News reported earlier this week.
CBS News
Suspect in the killing of UnitedHealthcare’s CEO hires former Manhattan prosecutor
Luigi Mangione, the suspect in the killing of UnitedHealthcare’s CEO, has added a prominent defense lawyer to his legal team as Manhattan prosecutors work to return him from Pennsylvania to face a murder charge.
Mangione will be represented by Karen Friedman Agnifilo, who was a high-ranking deputy in the Manhattan district attorney’s office for years before entering private practice. Friedman Agnifilo’s law firm, Agnifilo Intrater LLP, confirmed in a statement late Friday that she had been retained to represent Mangione. The firm said she will not be commenting on the case at this time.
According to her firm’s website, “A public servant for nearly three decades, Karen Friedman Agnifilo left the government as the Chief Assistant District Attorney in the Manhattan District Attorney’s Office, a role she held from 2014 through 2021.”
Mangione was arrested Monday after a customer at a McDonald’s in Altoona, Pennsylvania, saw him eating breakfast and noticed a resemblance to the person being sought by police in the Dec. 4 killing of Brian Thompson in Manhattan.
Police say Mangione was found with a gun, mask and writings linking him to the ambush outside the New York Hilton Midtown, where Thompson was arriving for his company’s annual investor conference.
The New York Police Department told CBS News that there are no indications that Mangione was a UnitedHealthcare customer.
Mangione, 26, remained jailed without bail Saturday in Pennsylvania, where he was initially charged with gun and forgery offenses. Altoona is about 230 miles west of New York City.
Mangione’s lawyer there, Thomas Dickey, has cautioned against prejudging the case and said that his client would contest his extradition to New York.
But Manhattan District Attorney Alvin Bragg said Friday that there were indications Mangione may now give up on that fight.
“We going to continue to press forward on parallel paths, and we’ll be ready whether he is going to waive extradition or whether he is going to contest extradition,” Bragg said at an unrelated press conference in Times Square.
Hours after Mangione’s arrest on Monday, Bragg’s office filed paperwork charging him with five counts, including intentional murder, criminal possession of a weapon and criminal possession of a forged instrument.
New York Gov. Kathy Hochul has said she’s prepared to ask her Pennsylvania counterpart, Gov. Josh Shapiro, to intervene and issue a governor’s warrant requiring Mangione’s extradition if he does not agree to be moved voluntarily.
Mangione’s new lawyer has made frequent TV appearances, including as a CNN legal analyst, co-hosts a weekly podcast and is the legal adviser for “Law & Order.”
Her husband and law partner Mark Agnifilo is representing Sean “Diddy” Combs in the hip-hop mogul’s Manhattan federal sex trafficking case.
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