A Maui woman accused of killing her twin sister several months ago is back behind bars on the mainland for the same crime.
Alexandria Duval is accused of driving her car off a cliff with her sister, Anastasia Duval, in the passenger seat on May 29.
Prosecutors charged her with murder in June but a judge dismissed the case saying there was not enough evidence.
Prosecutors then took the case to a grand jury, which indicted Duval for second-degree murder.
So why the two different outcomes?
Former Honolulu prosecutor Peter Carlisle says proving that Alexandria Duval intentionally killed her sister is key, and showing that the sisters had a volatile relationship could get Duval convicted.
Alexandria Duval also goes by the name Alison Dadow and is now awaiting an extradition hearing in Albany, New York.
In May, witnesses saw her and her twin sister fighting inside an SUV, pulling each other’s hair, before they plummeted about 200 feet off a cliff from Hana Highway.
Carlisle says prosecutors need to take it a step further by proving that the fighting led to the deadly crash.
“In other words, they could be fighting and everything had calmed down, or they could have been fighting and it was in the midst of their fighting that they ended up going over the cliff, and then you have to figure out who was the person who was responsible for that,” said Carlisle.
He adds that Maui prosecutors can present the history of the relationship between the two sisters as circumstantial evidence to strengthen the case.
“It could be the two of them were conspiring to constantly beat each other up or to have these temperamental bursts regularly, so they in effect were conspiring against each other,” said Carlisle.
During the initial trial, Duval’s attorney, Todd Eddins, told us that the judge dismissed the case because prosecutors could not prove that it was actually his client who caused the SUV to drive off the cliff.
“I believe the judge found that they didn’t submit evidence to support their theory and the alternative theory is just as likely, specifically that the passenger grabbed the wheel and caused the fatal crash,” said Eddins back in June.
With the additional time that has passed, Carlisle says that prosecutors are likely to get more witnesses, forensic evidence, and experts to help prosecute the case.
“You can find all sorts of things. You could find something that was significant about fingerprints. You can find something significant about blood splatter. You could find something significant about all of those things that have to do with the plummeting down and where the damage in the car was done and how it was done, all of those things,” said Carlisle, “and you can get perhaps witness testimony or you can get enhanced expert testimony.”
Duval’s extradition hearing in New York is scheduled for Friday.
KHON2 reached out to Maui prosecutors and attorney Todd Eddins. Both declined to comment.