LIHU‘E — The defense continues to challenge the appropriateness of charges and evidence as presented in a first-degree negligent homicide case. William Camm Corbett, 63, of Lihu‘e, was charged with first-degree negligent homicide and two counts of third-degree assault after
LIHU‘E — The defense continues to challenge the appropriateness of charges and evidence as presented in a first-degree negligent homicide case.
William Camm Corbett, 63, of Lihu‘e, was charged with first-degree negligent homicide and two counts of third-degree assault after his delivery van crossed into the oncoming lane of Kuhio Highway in Lawa‘i on the morning of Feb. 11, 2010. It collided with the car driven by 59-year-old Glenn Doi, and then both vehicles collided with a third car driven by Ashlie Moriguchi with one passenger.
Doi died later that day from his injuries. Moriguchi and her passenger were treated for their injuries at the hospital and released.
On Tuesday in 5th Circuit Court, Judge Kathleen N. A. Watanabe granted in part and denied in part a defense motion for independent testing of physical evidence — a blood sample taken from Corbett the day of the accident.
Watanabe ordered the prosecution to inform the court in writing within one week if the sample still exists. If it does, then the defense request for independent testing is granted. If it does not exist, then the admissibility of the report on the sample as evidence will be considered at a hearing if a motion is made.
County Deputy Prosecuting Attorney Melinda Mendes said the sample was tested by Clinical Laboratories, and that staff could not tell her at the time if it still existed. Not many samples are maintained a year after testing, she said.
Corbett’s attorney Miles Breiner questioned the voluntariness of the test at a hearing on June 5. He said it was administered to Corbett at the hospital the day of the accident, but no criminal charges were brought until the grand jury indictment in December.
The judge denied his motion to suppress the sample as evidence at the June hearing. She said a moving violation resulting in a severe accident causing injury and death was probable cause for a blood test.
The court also granted Breiner’s second motion for bill of particulars. It is a detailed statement of charges, often requested when the defense claims they appear vague and do not provide a foundation to respond.
Corbett’s trial is scheduled for Aug. 20.
