Posted on 11/24/2017 11:31:14 AM PST by simpson96
A murder charge against a woman accused of deliberately driving off a cliff in Hawaii and killing her identical twin sister should be dismissed because prosecutors misled the grand jury that indicted her, a defense attorney said.
Authorities described the 2016 crash as a hair-pulling fight over the steering wheel. The sisters were seen arguing on the narrow, winding Hana Highway on the island of Maui before their SUV plunged 200 feet over a cliff.
Anastasia Duval was in the passenger seat and was killed, and her sister Alexandria Duval was arrested. A judge later ordered Alexandria Duval released after finding no probable cause for a murder charge. She traveled to upstate New York and was arrested again months later in Albany after a grand jury indicted her.
Birney Bervar, Alexandria Duval's defense attorney, filed a motion last week seeking to dismiss the charge, and a hearing is scheduled for Tuesday. A prosecutor says it will be up to a jury to decide on the evidence.
The defense motion says a witness to the crash did not testify before the grand jury, instead a detective took the stand to describe what that person saw. The witness had told police he saw the passenger pulling the driver's hair with both hands and heard yelling.
The detective testified incorrectly that the witness said the passenger was no longer pulling the driver's hair when they went over the edge, the defense said. The witness, who the defense interviewed, said the fighting and hair-pulling continued until he lost sight of the SUV as it drove past him and off the cliff, according to the motion.
Autopsy results showed that "long, loose blond hairs" were found on both of Anastasia Duval's hands, the motion said.
(Excerpt) Read more at abcnews.go.com ...
I wonder who they voted for.
Read their life story here - http://www.dailymail.co.uk/news/article-3631932/Twisted-yoga-twins-jealous-high-school-loners-rarely-dated-showered-naked-racked-long-criminal-records.html
On the road to Hana (the “highway” in question), you don’t need an argument to get distracted. You have to pay attention every moment you’re driving if you don’t want to get killed.
I hated the Hana Highway———and I wasn’t the driver.
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Oh man are you right, and I rented a Lincoln Continental at the time,oh, and I’m seriously scared of heights. Glad I did it, would never drive it again.
Suicidal blonde kills twin sister by mistake.
You’re exactly right...and the squahed wild guava fruit that litter the road at points made for some exciting skids coming around one of the many blind turns. Back in the late 70’s there was virtually no other traffic for miles... a really good thing. Can’t imagine what it’s like now.
FYI all: Lowell Thomas and Charles Lindbergh both had homes towards the end of the island and both fought expansion and maintenance of the road to dissuade tourists and developers from corrupting the southern reaches in the manner of Oahu. IIRC, in the 70’s Maui had the highest percentage of natives aside from the privately owned island of Nihau, and the highest rate of return for natives who ventured to the mainland.
The Hana Highway — something you must do exactly once.
Alexandria, guilty.
Ann, dead.
When I got to the halfway point, where there was some room to maneuver, I decided I'd had enough -- no way I was going to drive the other half and then STILL have to drive all the rest of the way back. I turned around, got out as quickly as possible, and visited Iao Valley instead, which was beautiful.
Well, I drove the whole dang thing, if I remember correctly, it took over 8 hours. What made it even worse, was 6 weeks prior my girlfriend and I were forced out of Isle Marada (sp) spent 8 1/2,hrs just on the Fla turnpike (123mi) and took us 23 1/2 hrs to Atlanta airport. Horrible, after the Road to Hanna we didn’t want to drive anywhere. Oh yea, hurricane Fran was what forced us from the keys.
>> no way I was going to drive the other half and then STILL have to drive all the rest of the way back. <<
I broke the rental car rules (which they CIRCLE) about not driving on unpaved roads and took the “back way” back to the hotel. This was the 90s — some of it was rough but I made it through by following what appeared to be tire trails from hay trucks or somesuch — drove through farmland with cows and the like.
How can you indict somebody in New York state for murder that was committed in Hawaii? Murder is a state crime and has to be prosecuted in the state where it occurs. Federal charges could be brought for depriving the deceased of her civil rights. Maybe that’s what happened.
She was indicted in Hawaii but arrested in New York.
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How weird it that!
The Hana Highway was a great experience and not as dangerous as made out to be. It should definitely be on everybody’s bucket list. And I plan to do it again.
Might not be as dangerous, but if you’re scared of heights, I am, there are a couple of spots that get the pucker factor going.
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