Appellate Attorney Ben Lowenthal on Dr. Gerhardt Konig's New Trial Request, Double Jeopardy, & More

Newsletter: https://gotbailhi.beehiiv.com Inside the Motion for a New Trial: Major Topic Breakdown Welcome Attorney Ben Lowenthal An introduction to state and federal appellate expert Benjamin Lowenthal, bringing over 20 years of legal experience to unpack the complex post-verdict motion. The Manslaughter Verdict & EMED Split An analysis of the jury’s decision to return a verdict of attempted manslaughter due to Extreme Mental or Emotional Disturbance (EMED)—a mid-ground resolution that neither the defense team nor the prosecution actively centered their arguments on during the trial. Shocking Juror Misconduct Allegations A deep dive into the viral and highly controversial claim that a juror was actively communicating with an online chat room on a Law & Crime live stream prior to the verdict being read in open court. The Adviento Rule Bottleneck A breakdown of the legal friction caused by Hawaii's Adviento precedent, which mandates that a trial judge must instruct the jury on an EMED defense if even a "scintilla of evidence" exists, regardless of whether the defense team explicitly waives or objects to it. Flaws in the Verdict Form & Special Interrogatories An evaluation of the formatting flaws within the verdict documents, focusing on how a clean split between the main verdict sheet and the special interrogatories might have prevented structural confusion for the panel. The Burden of 44 Pages of Jury Instructions A look at the immense pressure placed on everyday citizens who are handed a massive, complex legal booklet at the end of a multi-week trial and expected to seamlessly navigate highly technical point-of-law instructions. Double Jeopardy & The State v. Witting Precedent An essential exploration of the landmark 1998 Hawaii Supreme Court ruling (State v. Witting) and how its definitions of double jeopardy dictate exactly which charges can—or absolutely cannot—be brought back by the state if a new trial is officially granted. Courtroom Dynamics: Facing a Veteran Defense A look at the sheer resilience required by younger prosecutors when squaring off against dominant, highly tactical defense veterans like Thomas Otake, who leverage intense presence, strategic pauses, and rigorous objections. A Recipe for Disaster: Public Juror Mingling An institutional critique of the physical layout of the First Circuit Court, highlighting the severe risks to trial integrity when sworn jurors are left to mill around public hallways alongside defendants, prosecutors, media, and police during breaks. #DrGerhardtKonig #GerhardtKonig #KonigTrial #KonigVerdict #PaliMurder #PaliHighwayMurder #PaliShooting #HawaiiMurderTrial #TrueCrime #TrueCrimeCommunity #TrueCrimePodcast #HawaiiTrueCrime #HonoluluCrime #HawaiiNews #CoconutWireless #JailMail #LawAndCrime #CourtroomDrama #JuryMisconduct #Mistrial #CriminalDefense #AppellateLaw #DoubleJeopardy #HawaiiCourts #A1BailBonds #JailMail #LegalAnalysis #CourtroomDrama #HawaiiLaw #AppellateLaw #JuryInstructions #DoubleJeopardy #TrueCrimeCommunity⚖️