It depends perhaps on whether they have charged him with the lesser offense, right, you can't just fail to convict on murder and then ask for a conviction on the alternative theory unless it is charged that way, which is risky.
Mitch Roth said he is personally prosecuting this and he is confident. I don't see Mitch doing this unless he has a very very good case. It would be a huge ding on his record if he lost. The Prosecutor's office here only takes cases to trial that they feel they can almost certainly win.
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Is the trial in June? Will it be a jury trial?
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If he had 8 months to relocate the body why didnt he?
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quote:
Originally posted by lavalava
quote:
Originally posted by KathyH
Sounds like the question is did he bury her after she committed suicide, or did he kill her?
Either way he is headed for the slammer...
Maybe not if there are as many holes in the case as it seems to me there are..Burying someone on their own property is a minor infraction. Its actually considered a mere health code violation; and is only a punishable offense if written approval wasnt obtained prior to burial....
At the least he interfered with an active investigation by withholding knowledge of her alleged suicide from the police.
ItÔs not a case of benignly burying someone on the property, has been done here with knowledge and consent of the ohana. In this case, everyone else in her life was madly searching and wondering, and he made up a story that she had left. I doubt heÔs going to have any credibility with the jury that his suicide story told to girlfriend was any more true than his story that she left of her own volition.
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Update - FYI: (*Snipped - More at link)
http://www.hawaiinewsnow.com/story/28265...o-20-years
Alexander Malani Gambsky was sentenced to 20 years in prison, with time served and without the possibility of parole on Wednesday.
Gambsky pleaded no contest to manslaughter in January. His wife, Dawn, went missing in 2008. Eventually, her body was recovered in the backyard of the home the two shared in Orchidland Estates.
This case was another pock mark on Puna. SMH.
May this woman now rest in peace, and may her family somehow carry on, and find some sense of justice. Bless them.
JMO.
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From the HNN article:
quote:
Dawn's friends--not her husband---reported her missing in July of 2008, saying they hadn't seen her in months. On August 8th, her remains were discovered buried in the couple's backyard.
However, the case went cold, as former prosecutors felt they couldn't convict.
Seriously???
Not sure why the agreement for a lesser charge was even offered by Roth, thought it was a slam dunk case when he took it? Anyway no appeal from Gambsky should mean our community won't see him for about six years, not long enough jmo.
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quote:
Originally posted by gypsy69
Not sure why the agreement for a lesser charge was even offered by Roth, thought it was a slam dunk case when he took it? Anyway no appeal from Gambsky should mean our community won't see him for about six years, not long enough jmo.
6 years? You get more than that for a paka garden!
