A man convicted last summer of second-degree murder filed an appeal to his sentence in state supreme court June 11.
“The Court asked me to represent Mr. McCrory on this appeal,” said Dan Hempey, McCrory’s new attorney. “Appeals like this are the norm in many murder convictions. Now the prosecution has to respond to my brief and the Supreme Court will then determine whether or not Mr. McCrory got a fair trial.”
McCrory was represented at trial by public defender James Itamura. McCrory was convicted of murdering Brent “Kirby” Kerr in the early morning hours of Oct. 25, 2001 by stabbing him with a knife. Kerr’s body was found lying alongside Kuhio Highway near Coco Palms Resort at Wailua. Kerr was charged Oct. 29, 2001.
Hempey asserts that McCrory was denied effective legal assistance, did not receive a fair trial because he was denied the right to call certain witnesses in his defense and that the court erred in allowing certain witnesses to testify.
McCrory was sentenced to a 20-year term of imprisonment with the possibility of parole.