Nearly a year after a road rage incident led to a stabbing on the H-1 Freeway, KHON2 has received an edited video showing parts of the encounter.
Mark Char faces three counts of attempted murder.
His attorney says the edited video is from Char’s dash cam, but he says he doesn’t know why or how it was sent to our newsroom.
The attorney says Char does not have access to the video because he’s been in custody.
The video was edited, and does not show the entire encounter. So why is it surfacing now, almost a year later?
Char is accused of stabbing Deion Anunciacion and his friend, Jesther Marlang, during a road rage incident on the freeway in August. A third man who intervened was also stabbed.
Anunciacion testified in court that he and Marlang pulled over to talk to Char who then pepper-sprayed them. A fight ensued and Anunciacion says Char then grabbed a knife and stabbed them.
Shawn Luiz, Char’s attorney, says the edited video sent to us is from Char’s car during that incident, and the white car is the one driven by Marlang with Anunciacion in the passenger seat.
It cuts straight to two men fighting, and Luiz tells us Char is the one in the yellow shirt. Luiz says he talked to Char and they don’t know who sent us the video.
“I told him that the media received it and didn’t know where it came from, and he didn’t give me any information as a result,” said Luiz.
“So he didn’t know where it came from either?” KHON2 asked.
“I don’t believe he did,” said Luiz.
Luiz says Char has been in custody and the car has been impounded as evidence, so we asked if it was sent by Char’s wife.
“I asked her if she knows who forwarded the information and she didn’t know,” Luiz said.
“So what would be your best guess as to where this video came from?” KHON2 asked.
“I’d rather not speculate,” Luiz replied.
A spokesman for the Department of the Prosecuting Attorney says prosecutors don’t know what the video is.
We asked Ken Lawson, an associate professor at the University of Hawaii William S. Richardson School of Law, about presenting edited video as evidence, and he tells us the judge would never allow it.
“You have to have somebody on the stand saying, ‘Yes, I took the video. It has been preserved. It hasn’t been tampered with,’ and obviously this has been tampered with,” said Lawson.
Lawson adds that this could ultimately hurt the defense attorney’s case.
“It becomes what it is, a manufactured piece of evidence used to the benefit of the defense, and a good prosecutor with good witnesses could really cause a lot of damage to the defense,” Lawson said.
Luiz says he would like to get a hold of the entire unedited video and present it as evidence.
Char is scheduled to go on trial in October for three counts of attempted murder and two counts of assault.