NO. 26784 – Wednesday, October 8, 2008 – 9:00 a.m.

STATE OF HAWAI`I, Plaintiff-Appellee, vs. SHANE MARK, Defendant-Appellant.
(Attempted Assault in the Second Degree)

Attorney(s) for Defendant-Appellant
Dwight C. H. Lum

Attorney(s) for Plaintiff-Appellee
Honorable Peter B. Carlisle, Prosecuting Attorney and Donn Fudo, Deputy Prosecuting Attorney, City & County of Honolulu

COURT: Recktenwald, CJ; Nakamura and Leonard, JJ.

[ Listen to the entire audio recording in mp3 format ]

Brief description:

Defendant-Appellant Shane Mark was charged with the murder of police officer Glen Gaspar and other offenses. A jury found Mark guilty of Murder in the Second Degree and several other offenses, but was unable to reach a verdict on three counts. In a second trial on the remaining counts, Mark was convicted of Attempted Assault in the First Degree. Mark now appeals from the judgment sentencing him to life in prison without the possibility of parole, and argues that the circuit court erred in: (1) sentencing him to extended terms of imprisonment, (2) erroneously instructing the jury on the defense of others, (3) denying his motions for mistrial, (4) granting in part HPD’s motion to quash a subpoena for certain records, (5) admitting a slow motion version of a videotape, and refusing his proposed limiting instruction on the videotape, and (6) referring the jury back to the instructions in response to a communication during deliberations. Mark further argues that he was denied fair trials, and that there was no substantial evidence to convict him of Attempted Assault in the First Degree.