STAR-ADVERTISER / AUG. 7, 2013
Charly Hernane appeared in Circuit Court on Aug. 7, 2013 to face a murder charge.
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The state Intermediate Court of Appeals has ordered a new trial for a Kalihi man convicted in 2013 of murdering his adoptive mother because of a prosecutor’s comments to jurors.
A state jury found Charly Hernane, 31, guilty of murder in the May 2011 stabbing death of his 56-year-old mother, Teresita Dumalan Hernane.
During his closing argument four hours earlier, the prosecutor showed the jurors a picture of Teresita Hernane’s corpse with a caption, “No good deed goes unnoticed,” above it. He also told the jury that Hernane’s death was her punishment for adopting her son.
Charly Hernane’s lawyer objected to the caption as a blatant appeal to the jurors’ emotions for a guilty verdict, rather than for a verdict based on the evidence.
The trial judge allowed the jury to see the photograph and caption but instructed the prosecutor to tell the jurors that the caption is not a quote from any witness.
The appeals court said the photo caption and prosecutor’s comment suggesting that Teresita Hernane was punished for adopting her son were improper. The court also said that the trial judge should have told the jurors after they saw the caption and heard the prosecutor’s comment that they should not be influenced by passion or prejudice in deciding the case.
Teresita Hernane died of a stroke and injury to her jugular vein from a stab wound. She had stab wounds on the left side of her neck and face, including one that sliced through her earlobe.
The doctor who performed the autopsy said the stroke could have been brought on by the attack. Hernane also suffered from high blood pressure and had been undergoing regular dialysis treatments.
A niece found Hernane’s body in the room Hernane shared with her son in a multifamily household.
Police later found Charly Hernane at nearby Kalakaua District Park with his mother’s blood on his shirt and shorts.