HPD major’s lawyer says a witness lied

A federal judge released last week a once-sealed document that might cast doubt on the truthfulness of a witness against a Honolulu police major.

Maj. Carlton Nishimura, 55, is facing federal charges that he extorted money from the operator of an illegal gambling house, lied to the FBI and tried to persuade the witness to lie.

Nishimura’s attorney said he believes witness Doni Mei Imose, also known as Doni Crisolo, told her lawyer she lied to the grand jury that indicted Nishimura to get a lighter sentence on drug charges in an unrelated drug case against her.

Federal Public Defender Peter Wolff Jr. asked the court to see the document in Imose’s drug case because he believed it would confirm that Imose lied.

Wolff said he needed the document to support a request to have the indictment against Nishimura dismissed.

U.S. Magistrate Judge Barry Kurren said Thursday he needed to review the document that was filed under seal by Imose’s former lawyer, Pamela Tamashiro, who withdrew from the drug case a day after submitting the document to the court in May.

Kurren ordered on Friday the release of the Tamashiro document to Wolff.

The judge said the document "contains information suggesting that a fraud on the court was committed."

However, he deniedWolff’s request for a transcript of Imose’s grand jury testimony, law enforcement reports of interviews with Imose and documents the prosecutor in Imose’s drug case filed last December asking the court to impose a penalty lower than what is suggested by federal court sentencing guidelines.

The government argued that the Tamashiro document is protected by attorney-client privilege and should not be released.

Kurren cited case law that says the "attorney-client privilege does not extend to perpetrating fraud against the court."

Imose, 40, was originally scheduled to be sentenced for conspiracy and other charges for her involvement in a methamphetamine trafficking ring in November 2009. The conspiracy charge carries a mandatory 10-year prison term.

However, at her and the prosecutor’s request, the court rescheduled sentencing 13 times. The latest sentencing date is for next month.