State v. Duk Won Lee

LEVINSON, Justice.

The defendant-appellant Duk Won Lee was convicted of attempted murder in the second degree, in violation of Hawaii Revised Statutes (HRS) §§ 707-701.5(1) (1993) 1 and 705-500 (1993), 2 following a jury trial. At trial, two of the prosecution’s critical witnesses did not testify. Rather, transcripts of their testimony, given at the preliminary hearing, were read to the jury at trial, following a ruling by the trial court that the transcripts were admissible as evidence, pursuant to Hawaii Rules of Evidence (HRE) Rules 804(a)(5) and 804(b)(1), because the witnesses were…