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Charly Hernane
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A Kalihi man whose murder conviction for killing his adoptive mother was overturned on appeal is guilty of manslaughter.
A state jury deliberated for portions of three days this week before finding Charly Hernane guilty Thursday of manslaughter instead of murder. Hernane, 33, faces a maximum
20-year prison term at
sentencing in April.
A previous jury deliberated for less than four hours before finding Hernane guilty of murder in the May 11, 2011, stabbing death of 56-year-old Teresita Dumalan Hernane. The Hawaii Intermediate Court of Appeals overturned the conviction because the prosecutor suggested to the jurors in the trial’s closing arguments that her death was Hernane’s thanks for adopting and taking care of her son. A different prosecutor handled the retrial.
A forensic pathologist testified in both trials that Teresita Hernane died of a stroke and injury to her jugular vein from a stab wound to her face and neck, and that the stroke could have been brought on by the knife attack. Hernane had hypertension and had been undergoing regular dialysis treatments.
Teresita and Charly Hernane lived in a home in Kalihi with relatives. The relatives described Charly Hernane as introverted, withdrawn and even scary. They said he rarely spoke to them or left the room he shared with his mother. A niece found Tersita Hernane’s body in the room. Police found a butcher knife nearby.
Police later found Charly Hernane sleeping outside the Kalakaua District Park gymnasium, with his mother’s blood on his shirt and shorts.
He did not testify in either trial, and his public defender didn’t present any evidence or witnesses.