HONOLULU (HawaiiNewsNow) - A new trial was ordered Thursday for a Kalihi man convicted in the 2011 murder of his mother.
The state Intermediate Court of Appeals ruled that during Charly Hernane's trial, Deputy Prosecutor Darrell Wong committed prosecutorial misconduct during closing arguments. The ruling said during the closing arguments, he orally modified the Circuit Court's instructions to the jury on state of mind, improperly appealed to the jurors' emotions with one of the power point slides and also issued an illegal "Allen charge," which is used on a deadlocked jury by encouraging the minority to reconsider their positions.
Hernane was found guilty in 2013 of stabbing his adoptive mother with a butcher knife inside their Kalihi home in May 2011. He was arrested at Kalakaua District Park, where his clothes were stained with his mother's blood.
Early in the case, Hernane's mental state was an issue, but he was found fit for trial.
Teresita Hernane was 56. She adopted Charly Hernane when he was a child in the Philippines.