McCrory retrial now set for March

The retrial of a man found guilty of second-degree murder in 2002 has now been scheduled to start in March.

William Lowell McCrory was found guilty by members of a jury of stabbing to death Brent “Kerby” Kerr. He was sentenced to life in prison with the possibility of parole.

County Prosecuting Attorney Craig De Costa said yesterday that McCrory’s murder retrial has now been set for March 20.

Jury selection was scheduled to begin today before Circuit Court Judge Kathleen Watanabe.

According to De Costa, McCrory’s attorney, Daniel Hempey, asked for a continuance.

A retired Kaua’i Police Department officer had been contacted who possessed a composite sketch that Hempey felt might be a key piece of evidence in the case.

On Thursday, Hempey argued several pretrial motions before Watanabe. One motion involved the composite sketch made by KPD officers. Hempey pointed out that a police report referred to a sketch that showed Kerr alive in a field near Wailua more than two hours after he was supposedly killed in Nawiliwili.

De Costa pointed out that he did not know of the sketch when Hempey asked for it during the pretrial process. He also pointed out that arrangements were made with KPD’s records clerks to review all the records and the records did not include a composite sketch.

The continuance will, in part, allow time to incorporate the sketch into evidence.

McCrory’s conviction was reversed on appeal to the Hawai’i Supreme Court last year. The justices agreed that the testimony of a witness for the prosecution was irrelevant and prejudicial.

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