A state judge has ruled that the city must release recordings of five 911 calls related to the June 3 highway shooting spree that left one dead and two wounded.

But Circuit Judge Edwin Nacino turned down the Honolulu Star-Advertiser’s request for four other 911 calls, including three from the victims.

The judge indicated the release of the victims’ calls would be an invasion of privacy.

Still, the judge ruled that the city must pay the newspaper’s attorney fees and costs for prevailing on the request for the five tapes.

Jeffrey Portnoy, Star-Advertiser attorney, said he was disappointed the judge did not order the release of all the tapes.

But he noted that because the city failed to provide any of the tapes prior to the newspaper filing a lawsuit, the city is going to have to pay fees and costs he estimated would be more than $7,500.

Nacino will later determine how much the city must pay.

In its only comment on the ruling, the city focused on the four tapes that will not be released.

"The city is pleased that the court has recognized that there are certain 911 tapes which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy," said Jim Fulton, executive assistant to the mayor.

It was unclear Monday when the five others would be released.

Portnoy said he believes the city is delaying the release pending another court hearing Wednesday on a request by the man accused of the shooting to seal all records, including the 911 tapes.

The Star-Advertiser filed the Circuit Court lawsuit on July 18 after Honolulu police would not release the 911 calls and police dispatch tapes.

Police said the tapes were part of "an ongoing investigation."

"We are pleased to get tapes of five 911 calls, although the city could have saved taxpayers thousands of dollars if it had released them when we asked for them," Star-Advertiser Editor Frank Bridgewater said.

"As for the other four tapes, we are surprised and disappointed that the judge denied our request, because we believe he should have ruled that the tapes are covered by the state’s open-records law.

"Those tapes would have contributed valuable insight as to how police handled this tragic incident."

Toby Stangel is awaiting trial on charges of murder, attempted murder and other counts related to the 17-minute shooting rampage that started at a Kapahulu Avenue intersection and ended on H-1 freeway in Aiea.

Last week, city attorneys said they decided to release the five tapes after reviewing the court case. The five callers reported what they believed to be gunshots, according to city attorneys.

But city Deputy Corporation Counsel Ernest Nomura opposed the release of the four other tapes, arguing privacy grounds.

He also said the disclosure would hamper the prosecution and defense from getting the callers to cooperate in the criminal case.

Those four calls were from the daughter of the woman killed, the two wounded people and a fourth person who described the car of the shooting suspect, city lawyers said.

In his ruling issued Friday, Nacino said the victims’ calls fall under the privacy exception of the open-records law.

He also indicated there is a dispute that should be resolved at a trial on whether the fourth call falls under the exception that permits records to be confidential to "avoid the frustration of a legitimate government function."

Portnoy said he was disappointed that the court ruled the tapes fell under the privacy exception.

He said he also believes that the "frustration" exception is used each time a government entity refuses to produce documents that are clearly public.

Portnoy said the judge also failed to address the newspaper’s claims that the city and police failed to comply with the law’s procedural requirements of timely responding within 10 days of the request for the tapes and providing an explanation.

He said he will ask the judge to clarify that aspect of the ruling.

But Portnoy said "it is good to see" that the city finally acknowledged that five tapes should be released.

Circuit Judge Glenn Kim is scheduled on Wednesday to hear a request by Stangel’s lawyer to seal records.

Deputy Public Defender Edward Aquino is citing his client’s right to a fair trial by an impartial jury.

Kim has agreed to let the Star-Advertiser enter the case to oppose the request.