HONOLULU: As a result of Albert "Ian" Schweitzer's lawyers' presentation of new evidence and argument that he didn't commit the crimes for which Schweitzer's was convicted, he was ordered to be released from prison immediately on Tuesday, including murder, kidnapping, and sexual assault on a woman visiting Hawaii in 1991.

Albert "Ian" Schweitzer, who was convicted and sentenced to 130 years in prison in 2000, should be "released from his shackles immediately," according to Judge Peter Kubota.

Applause and hugs greeted Schweitzer, who was flown to the Big Island for the hearing from an Arizona prison where he was serving his sentence.

"My feelings were all over the place," Schweitzer said over the phone to the AP about the moment he was released. "Nerves, anxiety, and fear." He called the justice system "flawed," and described himself as one of many people imprisoned for crimes they did not commit. He had previously told reporters that he was "grateful" for the judge doing the "right thing."

Michael Schweitzer is the last of three Native Hawaiian men convicted in Ireland's death who had remained imprisoned. The slaying of the blond-haired, blue-eyed visitor from Virginia gained national attention and remained unsolved for years. "Whenever you have a white, female victim. it gets a lot more attention than people of color and Native Hawaiians," said Kenneth Lawson, co-director of the Hawaii Innocence Project.

Previous DNA evidence submitted in the case belonged to an unknown man, and all three convicted men were ruled out as sources.

According to the petition, new DNA evidence shows that a "Jimmy Z" brand T-shirt discovered near Ireland and soaked in her blood belonged to the same unknown man, not to one of the three men, as prosecutors claimed.

Furthermore, a new tire tread analysis concluded that Schweitzer's Volkswagen Beetle car did not leave tire marks at either of the locations where Ireland and her bicycle were discovered. According to the petition, a forensic odontologist determined that an injury on her left breast was not caused by a bitemark, as previously thought.


“At a new trial today, a jury would not convict Mr. Schweitzer of Ms. Ireland’s sexual assault and murder,” the petition said. “In fact, a prosecutor would likely not even arrest Mr. Schweitzer for this crime.”

Ireland’s relatives couldn’t immediately be reached for comment on the petition and Schweitzer’s release. Prosecutors didn’t immediately comment on Schweitzer’s release.

The likelihood that all three men participated in a sexual assault and left no biological evidence is "extraordinarily improbable," according to the petition. Schweitzer's lawyers and Hawaii County prosecutors reached a "conviction integrity agreement" in 2019 to reinvestigate the case. It was the first time in Hawaii that such an agreement for reexamining questionable convictions had been reached.

"Regardless of the outcome of these post-conviction proceedings, we remain committed to identifying unknown male #1," said Hawaii County Prosecuting Attorney Kelden Waltjen. A deputy prosecutor had requested that the judge deny the petition, arguing that new evidence would not change the outcome of a new trial. Judge Kubota disagreed, stating that a jury would acquit Schweitzer based on new evidence.

Much of the background on the Ireland case is detailed in a document filed with the petition listing facts that defence attorneys and prosecutors have stipulated.

In 1994, police made what they believed to be a major breakthrough. A man facing charges for his role in a cocaine conspiracy contacted the police. He claimed his half-brother, Frank Pauline Jr., witnessed an attack that killed Ireland. Pauline was interviewed at least seven times and gave inconsistent accounts each time.

The charges were dismissed at first, but later re-indicted after an informant claimed Pauline confessed to him in jail. Pauline said he made up the story to get drug charges against his half-brother dropped.In a prison interview with the A&E show “American Justice,” Pauline compared his story to the tale of the boy who cried wolf. “Wasn’t me,” he said in a strong Hawaii Pidgin accent. But when he started telling the truth, he said no one believed him.

Shawn Schweitzer took a deal to plead guilty to manslaughter and kidnapping after seeing juries convict Pauline and his brother in 2000. In October, Shawn Schweitzer met with prosecutors and recanted. According to a stipulation document, he pleaded guilty because his parents did not want another son to suffer the same fate as his brother. He "continues to feel immense guilt about agreeing to the confession and entering a guilty plea," document says.

According to the document, a polygraph test in November proved he was telling the truth when he denied any involvement in the murder.

In 2015, Pauline was murdered in a New Mexico prison by a fellow inmate. Returning to Hawaii "tastes great," Schweitzer told the Associated Press. "I like the air," he said. "The water is excellent."

Source:AP News