Defense attorney files assault complaint against prosecutor

HONOLULU — A Honolulu defense attorney is accusing a deputy prosecutor of assaulting him in a court hallway.

Attorney Myles Breiner filed a complaint with the state Sheriff Division against a deputy prosecutor he was negotiating with in an attempted murder case.

In the complaint, Breiner says the prosecutor on Wednesday challenged him to a fight, slammed into his body, shoved hard on his shoulders and took a fighting stance, the Honolulu Star-Advertiser reported .

The deputy prosecutor accused Breiner of calling the deputy prosecutor a liar, Breiner said.

Breiner’s assistant was a witness and filed a similar statement. Breiner said another deputy prosecutor and a sheriff deputy were also witnesses.

“We are aware of and are looking into an alleged incident involving Mr. Breiner and one of our deputy prosecutors,” the Honolulu Department of the Prosecuting Attorney said in a written statement.

The incident happened after a contentious hearing for a trial that was scheduled to begin this week, Breiner said. It’s been rescheduled to February because of plea negotiations.

Breiner filed a request with the court asking to have the prosecutor disqualified from the case.

The altercation left Breiner in pain, he said. He said he recently had shoulder surgery and made an appointment with his orthopedist to see whether any repairs to his shoulder were damaged.

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Information from: Honolulu Star-Advertiser, http://www.staradvertiser.com

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