It played out in a hearing over the largest criminal indictment every filed in Hawaii and whether those gambling charges should be thrown out. KITV’s Catherine CRuz has our top story. For the second day in a row deputy prosecutor Jacob Delaplane took the stand. attorneys for the nine defendants had their chance to cross examine him about the errors in the indictment. But it was questioning from the judge that was the most revealing It stemmed from Delapanes own admission that he did not review all 20 thousand documents before preparing the indictment. JUDGE LEE // JACOB 51: 38 – 52 “You didnt prosecute the owners of funzone lucky zone winner zone or prize world. Yes your honor. So if you wanted to tell the story wouldn’t you have indicted them since you brought them into the indictment one through seven. That was not my call to make? Whose call was it?l That was not my call to make? Whose call was it?l Katherine Kealoha was the lead prosecutor. I understand but didnt you when you did the grunt work of the 445 count indictment didnt you advise her that there was a flaw in the indictment? The defense attorneys maintain prosecutors mislead the grand jury and that their conduct was aggregious. – Myles Breiner 18:30- 18:45 -“There is no attorney, no defense counsel attorney in the grand jury. There is only the prosecutor. And there is a special ethical consideration .. There is a duty to make sure what you present to the grand jury is true is in fact true,” – Victor Bahke 14:15-14″26 – “We are telling the judge they are lying about what they did. with the grand jury. It was and so he should dismiss it with prejudice,” But there is more trouble ahead. Katherine kealoha who is on leave from the prosecutors office failed to appear and the judge was weighing whehter to issue a bench warrant for her arrest or for a order to show cause as to why she didnt show up. – Victor bahke 4: 24- 14:40 For her not showing up today and trying to hide behind her declaration For her not showing up today and trying to hide behind her declaration they are not facing up to the facts in court as you have seen with mr delapane its not pretty” The defense is calling her a hostile witness and says she has been supeaned and must appear. The hearing continues Friday–The judge indicated on the first day he was already preparing an order in this case. Either way, Attorney Myles Breiner says he is considering a civil suit against the prosecutors office. So it’s a real mess. Paula.