DNA evidence pulled by prosecutors for upcoming retrial of love triangle murder suspect
HONOLULU (HawaiiNewsNow) - Surprise developments in the upcoming retrial for Eric Thompson, the man accused in the 2022 killing of Jon Tokuhara, a Waipahu chiropractor who was having an affair with Thompson’s wife.
The prosecution has pulled DNA evidence that was used in the first trial because of an audit of the Honolulu Police Department’s crime lab.
A motion filed on Nov. 14 by the prosecution said, “due to an audit of HPD’s procedures, the criminalist can no longer make any conclusions with respect to comparing (Thompson’s) DNA to the DNA collected near the crime scene.”
The results were from a bucket hat that the suspect was seen wearing on surveillance video near Tokuhara’s Acupuncture and Healthcare clinic on Jan. 12, 2022. It was recovered by Honolulu police and tested.
Thompson’s first trial ended with a hung jury last year.
The retrial is scheduled to begin on Jan. 13, 2025.
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Retired federal public defender Alexander Silvert said it is surprising that the evidence was pulled at this point.
“Since we’ve already had a trial where that evidence was introduced, to pull it obviously indicates that there is something wrong with the original testing.”
HNN Investigates reported in September that the audit of HPD’s crime lab this summer and found concerning issues.
The FBI Quality Assurance Standards Audit for Forensic DNA Testing Laboratories group found that the lab does not use validated methods for DNA analysis, and the equipment was not properly maintained.
At the time of HNN Investigates’ report, the Honolulu Prosecutor’s Office said only one case was affected by the audit — the case against alleged rapist Xavier Swofford.
The Thompson prosecution is now the second high-profile case impacted.
The prosecution asked for a delay in the retrial because of the DNA issue, but the judge denied that request Monday.
The prosecution wants to use a new lab ahead of Thompson’s next trial, a request that will be discussed in court later this week.
Retired FBI agent Tom Simon said it is risky for a crime lab to not follow proper procedures, which could convict an innocent person or set a guilty person free.
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