HONOLULU (CN) - A Maui anesthesiologist accused of trying to murder his wife during a hike at a scenic Oahu lookout was denied bail Tuesday in Hawaii's First Circuit Court.

Dr. Gerhardt Konig, 46, who has been held at Oahu Community Correctional Center since his March 28 indictment, appeared in person before First Circuit Judge Paul Wong wearing a blue prison uniform, as attorney Thomas Otake argued that his client should be granted bail pending trial. 

Wong found that evidence showed Konig presents a serious flight risk and danger to the victim, justifying continued detention.

Konig faces a charge of second-degree attempted murder for reportedly attacking his wife, Arielle Konig, 36, during what was supposed to be a birthday celebration hike at the Pali Lookout on March 24.

Prosecutors claim he tried to push her off a cliff, struck her in the head with a rock and pulled out a syringe containing an unknown substance during the assault.

During Tuesday's hearing, Otake asked the court to grant Konig bail within the range of $100,000 to $200,000.

"I've been doing criminal defense now for over 20 years, and you know, I can't remember the last time I had a client where there was no bail set at all, and that's for cases similar or greater in the alleged offense and finds a much more significant criminal record," Otake said. 

Otake emphasized Konig's lack of prior criminal history and community ties, arguing these factors make him a low flight risk. Otake also said that Konig's case does not meet the legal threshold required to hold a defendant without bail under Hawaii law.

"First of all, Dr. Konig's background, he's an anesthesiologist. This issue of him having medication that anesthesiologists have on Maui, not here on Oahu, nothing like that was found on Oahu where this alleged incident took place," Otake said.

Deputy prosecuting attorney Joel Garner countered that the severity of the purported attack and the potential life sentence Konig faces justify keeping him in custody.

"The defendant tried three different ways in this case to kill Ariel. First, he tried to push her off the Pali, then he tried to stab her with syringes, and then moved on to his third way of trying to hit her with the rock," Garner said.

"I do think the fact that the defendant has easy access and uncontrolled access to these types of drugs is a very relevant factor in his dangerousness in the future. Obviously, it would take an expert to know how to use those drugs to kill somebody, to hurt somebody, but the defendant is that expert," he added.

Otake challenged the prosecution's characterization of events, noting inconsistencies in the claims and medical reports. He emphasized that two doctors at Queen's Hospital documented that Arielle Konig's injuries presented "no substantial risk of death" and "no serious bodily injury."

"What they produce to the court is just one side of the story. And I think it's important for the court to know that the doctors checked off the box that said there was no substantial risk of death, no serious bodily injury, and the only thing that we have to hold it without bail is her allegations," Otake said.

Arielle Konig, a 38-year-old nuclear engineer and project manager at TerraPower, was not present at the hearing.

In previous court filings, she described years of emotional and physical abuse in their marriage, including "extreme jealousy and possessiveness."

In her petition for a restraining order, granted shortly after the incident, she claims that her husband sexually abused and assaulted her and that the couple had begun therapy after Konig accused her of having an affair in December.

Court records indicate she recently filed for divorce and is seeking full custody of the couple's young children, ages 2 and 4. 

According to court documents, two women witnessed the attack and called 911 while helping Arielle Konig to safety. Gerhardt Konig fled the scene but was arrested that evening near the Pali Highway after a brief foot pursuit. Arielle Konig was treated at Queens Medical Center for severe face and head injuries.

Wong denied the defense motion.

"The court does find that evidence has been presented in the records proceedings of what the court has noticed that the defendant did hide, conceal himself from law enforcement and that the time of arrest did resist that allows the conclusion to be made that the defendant presents a serious risk of flight," Wong said. 

Konig has been suspended from his position at Maui Health, an affiliate of Kaiser Permanente, pending investigation. If convicted of attempted second-degree murder, he faces up to life in prison.

The case is scheduled for trial June 9, though Otake said he does not want a lengthy continuance.

"We're not okay with a lengthy pretrial detention given that he's presumed innocent, and we do intend to defend this case aggressively. And it's not a complicated case. As far as trials go, it's like I said, he said, she said, several witnesses, so there's no real need for a lengthy continuance," he said.

Wong agreed to address trial scheduling issues at a later date.

Source: Courthouse News Service