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The Honolulu Advertiser
Posted on: Tuesday, April 8, 2008

Jervis' attorney may be gagged

By Mary Vorsino
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Gerard Jervis

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The city prosecutor's office is moving to stop the attorney for former Bishop Estate trustee Gerard Jervis, who is facing charges stemming from a Lanikai egg-throwing incident last month, from making "unfair public statements."

Paul Cunney, Jervis' attorney, was instructed by a Circuit Court judge yesterday not to release the results of an independent polygraph test on his client pending the motion by the prosecutor's office. Darrell Wong, deputy city prosecutor, said Cunney was attempting to try the case in the media by releasing the polygraph test, which he said would probably not be admissible in court.

Wong added that Cunney is not allowed to talk about evidence in the case.

Meanwhile, Jervis pleaded not guilty yesterday to first-degree criminal property damage and other charges stemming from the March 7 incident. Jervis, 59, is accused of chasing a group of teens in his car after they allegedly threw eggs at his Lanikai home. The chase ended when the sport utility vehicle the four teenagers were in crashed into a utility pole guy wire.

Jervis' trial is set to start June 9. He is free on $40,000 bail.

Outside the courtroom yesterday, Jervis said he would "just like to get on with my life." He added that being on the other side of the law is "not comfortable."

Cunney said he wanted to issue a statement in court yesterday about the polygraph test because he believes the four teenagers should be re-interviewed since their statements to police do not agree with what Jervis said he remembers.

Circuit Judge Derrick Chan stopped Cunney from making the statement after the prosecutor's office found out about the planned release of the polygraph test to reporters and issued its objections.

Reach Mary Vorsino at mvorsino@honoluluadvertiser.com.