U.S. Ninth Circuit Court of Appeals ruled that the trial judge's mishandling of mistrial justifies dismissal of charges against a key Hansen Helicopters defendant.
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On November 6, the federal Ninth Circuit Court of Appeals threw out criminal charges against Hansen Helicopters chief pilot Kenneth Crowe, a key defendant in the Hansen case. Charges were dismissed “with prejudice,” meaning he cannot be retried for multiple offenses related to Hansen’s hiring of unlicensed pilots and mechanics, use of unapproved parts, bribery, money laundering, obstruction, forgery, and fraud.
Hansen owner and CEO John Walker and Hansen as a corporate entity were convicted of these crimes in September 2022. Crowe and the company’s director of maintenance and v-p of operations were also charged, along with two key Hansen suppliers.
The circuit court said that when a mistrial is declared, a retrial can only occur with the defendant’s consent unless the dismissal was required by “manifest necessity.” It ruled that neither condition applied. Crowe had appealed the Guam District Court’s ruling for retrial on double jeopardy grounds that prohibit being tried twice for the same crime.
Crowe’s attorney, David Lujan, had claimed that after the jury was empaneled, Crowe requested a short continuance in response to alleged jury bias against his lawyer. Prosecutors objected to the continuance and insisted that Crowe go to trial immediately.
Instead, in March 2022 Judge Frances Tydingco-Gatewood severed Crowe from the main trial against Hansen, effectively declaring a mistrial in his case. Crowe objected to the severance.
Tydingco-Gatewood later severed the case for co-defendant Phillip Turner Kapp, Hansen’s maintenance director, for medical reasons, as well of that of Marvin Reed, the company’s former v-p of operations.
Appeals Court Drops Charges against Hansen's Chief Pilot
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On November 6, the federal Ninth Circuit Court of Appeals threw out criminal charges against Hansen Helicopters chief pilot Kenneth Crowe, a key defendant in the Hansen case. Under the ruling, he cannot be retried for multiple offenses related to Hansen’s hiring of unlicensed pilots and mechanics, use of unapproved parts, bribery, money laundering, obstruction, forgery, and fraud.
Hansen owner and CEO John Walker and Hansen as a corporate entity were convicted of these crimes in September 2022. Crowe and the company’s director of maintenance and v-p of operations were also charged, along with two key Hansen suppliers.
The circuit court said that when a mistrial is declared, a retrial can only occur with the defendant’s consent unless the dismissal was required by “manifest necessity.” It ruled that neither condition applied. Crowe had appealed the Guam District Court’s ruling for retrial on double jeopardy grounds that prohibit being tried twice for the same crime.
In March 2022, Judge Frances Tydingco-Gatewood severed Crowe from the main trial against Hansen, effectively declaring a mistrial in his case. Tydingco-Gatewood later severed the case for co-defendant Phillip Turner Kapp, Hansen’s maintenance director, for medical reasons, as well of that of Marvin Reed, the company’s former v-p of operations.