The murder retrial for William Lowell McCrory will not have one of the state’s key witnesses when it starts up in the next few months, those familiar with the case said yesterday. William “Billy” Pierce, who testified at trial he
The murder retrial for William Lowell McCrory will not have one of the state’s key witnesses when it starts up in the next few months, those familiar with the case said yesterday.
William “Billy” Pierce, who testified at trial he accompanied McCrory when the body of Brent “Kerby Kerr was dumped in Wailua in October 2001, has apparently died, prosecutors and McCrory’s defense attorney said yesterday.
But Pierce’s testimony from the first trial will be heard when the second trial gets underway in the coming months.
The second-degree murder verdict against in the 2002 trial was overturned last year when the Hawai‘i Supreme Court unanimously agreed that one of the prosecution witnesses’ testimony was irrelevant and prejudicial.
A new trial is scheduled for next month, but McCrory was in Fifth Circuit Court Thursday as his court appointed attorney, Daniel Hempey, argued a motion to exclude any of Pierce’s testimony from the new trial.
Pierce, who testified that he also lent Kerr the knife that was used to kill Kerby and saw Kerr headbutt the victim, was not properly cross-examined at trial to expose numerous inconsistencies in his story, Hempey said.
Pierce told at least three different stories, Hempey said, one to police, one at the preliminary hearing and one at trial.
Hempey argued that the because Piece was inadequately cross-examined a trial, the testimony would be violating McCrory’s Sixth Amendment rights to confront his accuser.
But Circuit Court Judge George M. Masuoka disagreed, saying “Monday-morning quarterbacking” is not sufficient a reason to exclude the testimony.
“We’re glad he agreed with out view of the law,” said Prosecuting Attorney Craig DeCosta after court. Pierce “was an important witness, but not the only evidence we had.”
McCrory’s new trial is scheduled for April 11, but Hempey said there is a possibility of a continuation until May.
McCrory was convicted in July, 2002, in the stabbing death of Kerr. McCrory, Pierce, Kerr all were cited during the trial as heavy drinkers living in their vehicles in the Nawiliwili area.
In other Circuit Court news:
ç Junedale Matsuda was sentenced to six months’ imprisonment for stealing at least $5,000 from her former employer.
Matsuda, who pleaded guilty to a second-degree theft charge in January as the result of a plea deal, was also sentenced to five years’ probation.
While Matsuda agreed to pay restitution, Matsuda and the activity company Kipu Ranch Adventures, the victim in the case, disagree on exactly how much money was stolen. Matsuda says $5,000, while the company’s owner says in excess of $50,000 was stolen. A hearing will be held April 12 to determine how much money she will pay back.
Tom Finnegan, staff writer, can be reached at 245-3681 (ext. 252) and tfinnegan@pulitzer.net.
