New civil case needed for suspects arrested in Dana Ireland murder

HONOLULU (KHON2) — The Hawaii Supreme Court said a new civil case needs to be opened for the Schweitzer brothers, who are fighting to see new evidence and clear their name in the Dana Ireland murder.

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The Hawaii Supreme Court gets a final say in any of the state’s proceedings. In the case of the Schweitzer brothers, the court cited “significant procedural missteps” that it will correct.

Justices ruled to change the Schweitzer brothers’ petition against Hawaii County to a civil lawsuit.

“Not only is it helpful to Ian and Sean Schweitzer in the present case, but to all our future exonerees. It sets the pathway on exactly how this is supposed to work,” said Ken Lawson, Hawaii Innocense Project co-director.

The Schweitzers are seeking financial damages of $1.15 million. A state law says anyone wrongfully convicted can get $50,000 per year for the time served.

Albert Ian Schweitzer served 23 years in prison for the murder of Dana Ireland. His guilty verdict was vacated last January.

Their attorneys were fighting for the lower court to state “actual innocence” but the Supreme Court ruled it was not needed to pursue financial compensation.

In a statement, Big Island Police Chief Ben Moszkowics said the department respects the Supreme Court’s opinion and is still digesting the ruling.

The statement also said it is his sincere hope that police will be able to share more information with the parties as its investigation into Ireland’s murder moves forward.

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Hawaii County prosecutors did not return a request for comment.

“I’m actually hopeful that this would get resolved without being contested,” Lawson added.

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