HONOLULU, Hawaii (HawaiiNewsNow) - A 37-year-old man who has twice been convicted in the killing of his adoptive mother and then had those convictions overturned is facing a third trial.
Charly Hernane was arrested Wednesday after a grand jury indictment for manslaughter.
In 2011, Hernane was charged with second-degree murder for stabbing Teresita Hernane to death with a butcher knife in their Kalihi apartment. He was convicted and given a life sentence.
But the sentence was overturned on appeal because the prosecutor made inappropriate statements during closing arguments.
“They didn’t lose the first trial because the jury couldn’t decide,” said legal expert Victor Bakke.
“The first case was lost because they cheated, they basically appealed to the jurors’ passions and they said things they shouldn’t have said.”
After the conviction was overturned, Hernane should have been brought from Arizona’s Saguaro Correctional Center to the Oahu Community Correctional Center because he was technically a pre-trial detainee again. But the state delayed his return ahead of his second trial.
In 2018, Hernane was convicted again ― this time for manslaughter.
That conviction was also overturned after the state Supreme Court found that the delay in his return to Hawaii violated his right to a speedy trial.
The case was dismissed last March and Hernane was released.
He was cited multiple times last year for violating closed park rules and property damage.
Bakke said the government shouldn’t be allowed to keep retrying cases because of their mistakes.
“Until the Supreme Court comes in and slaps them down and says ‘You guys don’t get three bites of the apple,’ they’re never gonna learn,” Bakke said.
Hernane is currently in police custody with bail set at $100,000.
His arraignment is set for Monday.