Judge to recall jurors in trial of convicted Maui doctor Gerhardt Konig
HONOLULU (HawaiiNewsNow) – Four months after a jury convicted Maui doctor Gerhardt Konig of attempted manslaughter for trying to kill his then-wife, Arielle, on a Pali trail, he was back in court Friday fighting for a new trial.
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His defense team argued that jurors did not follow the law and comments some made about the case after the trial tainted the verdict.
Rather than rule on the defense’s motion, First Circuit Court Judge Paul Wong said he must hear from the jurors themselves, meaning they will have to return to court for questioning.
Allegations of juror misconduct
Konig’s attorney, Thomas Otake, argued jurors misunderstood or did not follow the court’s instructions. He claimed media statements made by two jurors show not everyone believed Konig intended to kill his wife.
Unanimous agreement is required in reaching their verdict of attempted manslaughter under extreme mental or emotional disturbance.
“I’m not faulting the jurors. They’re human. They’re trying their best. But mistakes happen, misunderstandings happen,” Otake said.
Otake also pointed to a social media video where an anonymous commenter claimed they were text messaging with a juror during deliberations. If true, it would constitute juror misconduct.
“Allowing the verdict to stand with clear evidence that it was reached in error and not taking this opportunity to correct it that would be a failure,” Otake said.
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Prosecution opposes new trial
Deputy prosecuting attorney Joel Garner argued the defense did not meet the bar for a new trial and questioned the authenticity and integrity of their evidence.
“If you want to enter evidence, you need to lay a proper foundation. The evidence needs to be authenticated,” he said.
He also noted it is illegal for courts to look into how jurors came up with their verdict.
“Any juror would be pressured knowing that their verdict could be attacked, that their thought process in reaching their verdict is not secret,” Garner said.
Next steps in court
Judge Wong said he needs more information and cited a state Supreme Court ruling requiring he investigate further.
“The court must ascertain the extent of the influence so the burden is on me,” he said. “I have to do what I really don’t want to do and bring in these jurors and ask whether they were tainted by outside influence.”
The next hearing is scheduled for Sept. 11. Konig remains in prison without bail.
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