In this explosive special edition, host Jail Mail Nick goes beyond the sensational headlines to dissect the criminal prosecution of Dr. Gerhard Konig. Joining him are two heavyweights of the Hawaii legal community: veteran litigator Myles Breiner and rising defense counsel Andrew Starn.
Together, they pull back the curtain on the state's legal strategy, exposing how the Grand Jury system can be weaponized to revoke bail and how "trial by media" often convicts the accused before a single piece of evidence is heard. The panel then pivots to the physical evidence, dismantling the narrative of a "cliffside attempted murder" by analyzing the physics of the alleged rock attack, the missing syringe, and the critical inconsistencies between the complainant's story and the medical records. This is a masterclass in criminal defense, due process, and the search for truth in the high-stakes world of Hawaii’s justice system.
- 00:00 - Introduction: Meet attorneys Miles Breiner and Andrew Strand.
- 01:35 - The "Bail Bludgeon": Discussing the tactics of setting $5 million bail versus "No Bail".
- 04:50 - The Grand Jury Problem: Why it’s easy to "indict a ham sandwich" without the defense present.
- 08:15 - The Reality of Bail: Electronic monitoring, house arrest, and the pressure to plead guilty.
- 10:15 - The Divorce Angle: How filing for divorce froze Dr. Konig’s assets while he was in custody.
- 13:00 - Breaking Down the Narrative: The selfie, the cliff, the syringe, and the rock.
- 16:15 - The Medical Evidence: Analyzing the lack of skull fractures or sutures despite the allegation of 10 hits with a rock.
- 18:30 - Inconsistencies in the Story: Comparing the TRO, the police report, and the Grand Jury testimony.
- 23:15 - The "Drug Kit": Anesthesiology equipment, the "fanny pack," and issues with the chain of custody.
- 27:00 - Prosecutorial Misconduct: Discussing State v. Cardona and the pressure to secure convictions.
- Shifting Stories – How the complainant’s account evolved from a "slip and fall" to a violent assault, and the contradictions surrounding the "selfie" moment.
The "Silver Bullet" – Examining the motive: how a criminal conviction becomes the ultimate leverage in a high-asset divorce battle.
Trial by Media – The danger of public perception: how the initial wave of one-sided reporting prejudices the jury pool long before the defense can speak.