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Prosecutors ask for review of overturned attempted murder conviction

By Star-Advertiser staff

POSTED:
LAST UPDATED: 03:29 p.m. HST, Sep 09, 2013


City prosecutors will ask the Hawaii Supreme Court to review a recent state appeals court ruling that overturned an attempted murder conviction and ordered a new trial for a man accused of beating his wife with a hammer.

Lincoln Phillips, 39, was a Schofield Barracks soldier when he was charged with beating his wife Tara who suffered severe head injuries in the September 2008 beating at their Ewa Beach home.

In a 2-1 ruling, the appeals court held that a hammer that was found in the garage and supposedly used in the beating should not have been admitted in the trial. The majority held that Circuit Judge Karen Ahn erred in not suppressing the hammer that was seized by police without a warrant.

"We're obviously pleased at this point with the (appeals court) decision," Phillips' lawyer Randall Hironaka said.

Dave Koga, city prosecutor's office spokesman, said they will seek a review by the high court.

Tara Phillips, 38, who suffered skull fractures and brain injuries, died about a year and half later at a Florida hospital.

The appeals court ruling issued Aug. 30 sets aside Lincoln Phillips' life term with possibility of parole for the attempted murder conviction.






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allie wrote:
Ahn is the same clown that bungled the deedy case!
on September 9,2013 | 11:55AM
pizza wrote:
For someone who by self-proclamation has accomplished nothing, Allie's opinion surely should be highly regarded...
on September 9,2013 | 01:04PM
2NDC wrote:
Two questions come to mind: 1) When are they gonna let this guy out of prison. 2) Will he be prohibited from owning/operating hammers while awaiting trial?
on September 9,2013 | 04:40PM
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