Prosecutorial misconduct cited in move to throw out charges in gruesome Oahu murder

HONOLULU (HawaiiNewsNow) - Surprising accusations of misconduct have surfaced against the city Prosecutor’s Office that are putting a high-profile murder case in jeopardy.

Suspect Juan Tejedor Baron’s attorney, Myles Breiner, wants the case dismissed.

And legal experts believe that could potentially happen.

The issue stems from presentations that deputy prosecutors organized in an effort to educate kupuna about fraud and abuse.

According to Breiner, the presentations included evidence photos and other documents that are not public records and are important to the case.

“The consequences are huge,” Briener said.

“Discussing the facts of the case and then displaying photographs that have never been permitted by the court to be publicly displayed.”

Baron is accused of killing Gary Ruby then encasing his body in concrete in the bathtub of his home at Hawaii Loa Ridge last year.

Ruby was 73 years old when Baron — then 23 — became romantically involved.

Baron allegedly stole from him and is charged with murder, theft and identity theft.

Ruby’s age is the reason the case is being handled by the Elder Abuse Unit of the office.

Multiple sources said Baron worked to transfer the title of the home and Ruby’s Audi vehicle to his name after the murder.

According to Breiner’s motion to dismiss, the transfer documents were part of the presentation by deputy prosecutors in the unit, along with an HPD photo of the bathtub filled with coffee grounds that Ruby’s body was found in.

The presentations were made to various union workers and other community groups, including many retirees.

“These are all potential jurors. These are the people that generally end up in jury pools because they’re retired,” Breiner said.

Victor Bakke, a former deputy prosecutor turned defense attorney, agreed that the use of evidence in an active case is a problem.

“That all is confidential information,” Bakke said.

“The defense is not allowed to share it with anybody. And there’s absolutely no reason for the prosecution to be sharing it with the public.”

The motion to dismiss the case calls for the case to be thrown out or the state Attorney General’s office to take over.

Randal Lee, a retired state judge, said the motion has merit.

“Given the clear violation of the rules of professional conduct, that’s a basis to disqualify the Prosecutor’s Office,” Lee said.

And if the Attorney General’s Office suddenly takes over, they would need additional time to prepare for trial.

“The judge would probably say, you’re not going to have that,” Lee said, noting the trial has already been delayed several times.

Multiple employees with the Prosecutor’s Office will be called to testify at the next court hearing on Oct. 24.

The office declined to discuss the issue with Hawaii News Now but said in statement that “the matter will be addressed at that time.”

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