New twist and maybe new trial in sibling homicide case

Nearly 50 people testified last month in the first-degree murder trial of Elizabeth Hawes, who prosecutors argued played a key role in planning the gruesome death of her older brother, Edwin, in 2008. Her defense team tried a variety of strategies to let the jury hear evidence from her younger brother, Andrew, one person who her attorneys said could clear her name.

But the judge repeatedly ruled that Andrew's "confession" of the murder to his sister, as the defense described it, was inadmissible. And because his own first-degree murder trial is in April, it wouldn't have been in his best interests to testify in his sister's behalf.

That all changed Jan. 29, a week after she was convicted and the day she was sentenced to life in prison without parole. After meeting with his attorney, Andrew Hawes said he would waive his Fifth Amendment right to remain silent and testify about his "personal knowledge" of Edwin's death and that Elizabeth played no role in planning it, according to a document filed Friday in Anoka County District Court.

"I've never seen anything like this before," said Peter Wold, Elizabeth Hawes' attorney, who filed the document. "You have somebody taking responsibility while awaiting trial, but it's the truth. That might have something to do with it."

With Andrew's willingness to testify, Wold has requested a new trial. A hearing will determine whether that is enough to warrant such strong action. In court documents, Wold wrote that a defendant may move for a new trial when newly discovered material evidence "that with reasonable diligence could not have been found and produced at trial" comes to light.

Bryan Leary, Andrew's public defender, talked to him Friday and said his client didn't want to comment. Leary had informed Wold of Andrew's request to discuss his sister's case.

At times during Elizabeth's two-week trial, it appeared almost as if Andrew Hawes, 37, was the defendant. Prosecutors said that much of the physical evidence in Edwin's death, who was beaten, shot with a cross-bow and then run over with a car, pointed to Andrew. His fiancée, Kristina Dorniden, 30, is also charged with first-degree murder and is scheduled to stand trial in June.

"The evidence at Ms. Hawes' trial clearly established that Mr. Hawes played a role in Edwin Hawes' death and likely dealt the actual deathblow," the court document said.

Assistant County Attorney Paul Young, who along with Deidre Aanstad, prosecuted the case, said the defense is recycling the same argument that has been ruled on by the court. The jury heard her describe her lack of involvement in Edwin's death and didn't find her version credible.

"This doesn't affect the state's confidence in the verdict or court proceedings in any way," he said.

During the trial, Wold portrayed Edwin Hawes as the family's caretaker. But the prosecution painted a family in a downward spiral two years before he was killed. The motive, prosecutors said, was Andrew and Elizabeth's anger over their brother's alleged embezzlement of more than $1.5 million from a family landscaping business and relatives' bank accounts. He never faced criminal charges.

Wold has talked to Andrew Hawes several times, but wouldn't say if Elizabeth was aware that he would be willing to testify for her. The fact that he is willing to come forward before his own trial adds a strong level of credibility to his anticipated testimony, Wold wrote in the document.