Prosecutor’s office refuses to comment on job status of Keith Kaneshiro, 2 deputies

The City Prosecutor’s Office on Tuesday declined to say whether three top prosecutors who reportedly have been linked to an ongoing federal investigation of government corruption have taken leave or are still on the job.

Brooks Baehr, an office spokesman, issued a written statement to respond to media coverage about Keith Kaneshiro and two of his top deputies, Chasid Sapolu and Janice Futa, getting letters from the U.S. Justice Department linking them to the probe.

“We do not comment on investigations any grand jury may or may not be conducting,” Baehr wrote. “Judgment should always be based on facts and not conjecture and be reserved until the legal process concludes.”

Asked whether Kaneshiro, Sapolu and Futa were still on the job, Baehr declined to comment — even though disclosing such information would not be commenting on a grand jury investigation.

Since Hawaii News Now first broke the news about the letters, criminal defense attorneys, a city councilman and others have called for the three prosecutors to immediately go on leave to remove the taint created by the controversy and to help restore public confidence in the office.

The news outlet reported that Kaneshiro received what is called a target letter, indicating he is a target of the federal investigation, while Sapolu and Futa received subject letters, indicating that investigators believe they have engaged in misconduct but more investigation is needed.

Sapolu is the second in command.

Baehr’s statement was the first from the office to respond to the controversy, but he did not confirm or deny whether the three prosecutors received the letters.

Baehr mostly focused on the confidential process of grand jury investigations in general, noting that disclosing information about such investigations is a violation of law.

“The secrecy rule protects investigations and ensures a fair and unbiased process,” Baehr wrote. “Confidentiality also protects the identities of those involved sparing innocent people the ignominy of baseless allegations.”

If the three who received the letters went on leave until cleared of wrongdoing, that would not only help restore public confidence in the office, but limit potential challenges to prosecutions they have been or currently are involved with, according to legal experts and defense attorneys.

The office’s reputation has taken a hit since Katherine Kealoha, a former deputy prosecutor, became embroiled in the federal investigation, which started several years ago. She and her husband, former Police Chief Louis Kealoha, along with four current and former police officers, were indicted by a federal grand jury last year. All have pleaded not guilty.

Katherine Kealoha resigned as a prosecutor in September, though she had been on leave for months.

Victor Bakke, a criminal defense attorney, told the Honolulu Star-Advertiser he already is preparing a motion seeking to reverse a recent murder conviction of a client based on Sapolu’s conduct in the case and his link to the federal investigation.

Other defense attorneys said they will be examining other cases that any of the three prosecutors handled, looking for possible challenges.

“Anything they’ve touched up to this point is tainted,” said Bakke, a former deputy prosecutor.

In his statement, Baehr said the “dedicated and hardworking professionals” in the Prosecutor’s Office “are unwavering in their commitment to protect public safety, achieve justice and provide guidance and compassion for victims of crime.”