Thursday the state Supreme Court was asked to overturn the conviction of Robert McKnight.
Robert McKnight was found guilty of enticement in September of 2007.
"And because it was so new a lot of the elements, and a lot of the interpretation of the statute was largely for the first time," said Ben Lowenthal, McKnight’s attorney.
When the Maui man was arrested he was advised of his rights, and he requested an attorney.
"When you invoke your right to an attorney the police have to do something. They can’t simply keep you in an interrogation room and hope that you change your mind," said Lowenthal.
In arguments before the State Supreme Court justices the state said law enforcement continued to talk to the defendant.
"I think what agent Domingo did was simply respond to defendant’s questions. He gave plain and accurate answers," said Kimberly Guidry.
And another issue brought forth has to do with a search warrant that had an incorrect date on it.
"He then handed this warrant to the judge to sign, the judge signed it June 6th instead of July 6th," said Guidry.
"If it said you can’t search the place within ten days of issuance of this date, and then it says June and you’re sitting in July you can’t really follow it," said Lowenthal.
The justices took the case under advisement.
Mcknight was sentenced to a year in jail after his conviction, but has been awaiting word on his appeal.
See the original article at: KHON2 Local News
