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The Hawaii Supreme Court, in a 5-0 decision, upheld the 2021 murder conviction and life sentence of a man found guilty of fatally stabbing his 67-year-old wheelchair-bound landlord, Kauai County Prosecutor Rebecca Like announced this week.
The high court reversed the Intermediate Court of Appeals’ ruling that overturned the conviction.
Peter Grewer’s murder trial began in April 2021, nearly three years after the death of Joellen Hartman, who was stabbed 17 times June 18, 2018. Grewer had been living in an ohana unit on Hartman’s property and was evicted the same day she was stabbed to death.
During the trial, the state called 23 witnesses and provided circumstantial evidence along with forensic DNA evidence found on Grewer’s bloodied clothes and under Hartman’s fingernails.
A Kauai Circuit Court jury found him guilty of second-degree murder.
“Due to the heinous and cruel nature of the crime as well as Ms. Hartman’s advanced age, the state sought extended and enhanced sentencing, ” the Kauai Prosecutor’s Office said in a news release. He was sentenced to life in prison without the possibility of parole.
Grewer appealed the conviction based on a potential juror’s comments that he wanted to be excused from jury duty.
The court was made aware of the comments, and all potential jurors who heard the comments were interviewed by the judge. The judge excused the potential juror who made the comments from serving as a juror, and reminded the others to disregard the statements made about the case.
Grewer argued the comments violated his right to a fair trial by an impartial jury.
The Hawaii Intermediate Court of Appeals ruled, 2-1, that his right to a fair trial was violated, overturned the conviction, and sent the case back to Circuit Court for a new trial.
The Kauai Prosecutor’s Office petitioned the Supreme Court, which opined that the Circuit Court’s investigation into the juror’s comments was adequate, that the judge’s instructions given to the jury were sufficient to address any prejudice that could have arisen from those comments, and any prejudice caused by the comments was harmless in light of the overwhelming, uncontradicted physical evidence of Grewer’s guilt.
Deputy Prosecutor Tracy Murakami handled the petition. Deputy Prosecutor Matthew Arakawa and former Deputy Prosecutor Kimberly Torigoe Metcalfe tried the case.
Like said in a written statement : “Our office, with our law enforcement partners, celebrate (the ) Hawaii Supreme Court decision reversing the ICA and restoring Grewer’s conviction in this heinous, premeditated, callous murder of a vulnerable Kauai resident.
“We are grateful to the many individuals who worked tirelessly on this case and we hope this decision provides some solace to the victim’s friends and family.
“We are relieved that this defendant will never walk the streets again.”
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