A recording of a conversation in which the key witness against police Maj. Carlton Nishimura told her lawyer that she lied in grand jury testimony was confiscated in a raid at Nishimura’s Waianae home Monday.
The grand jury indicted Nishimura in February on federal charges of extortion, lying to investigators and witness-tampering. A copy of a recording of the conversation between the witness, Doni Mei Imose, and her lawyer was among the items the FBI seized in the raid, lawyers on both sides of the case said in U.S. District Court on Friday.
The FBI said it found about a half-pound of methamphetamine in Nishimura’s home along with other items used by drug dealers, including numerous clear plastic bags and three digital scales.
As a result of the raid, Nishimura, 55, is now also charged with possession with intent to distribute methamphetamine.
In a hearing in federal court Friday, Nishimura’s lawyer, Peter Wolff Jr., asked U.S. Magistrate Judge Barry Kurren to order the government not to destroy the recording because he intends to make it part of a request to have the indictment against Nishimura dismissed.
He said in the recording, Imose tells lawyer Pamela Tamashiro that she was coerced into testifying against Nishimura and asks Tamashiro why she did not accompany her to interviews with investigators. The recording appears to have been made without Tamashiro’s knowledge.
Wolff also asked Kurren to order the government to turn over copies of the transcripts of Imose’s grand jury testimonies from this week and February to determine whether the grand juries would have returned indictments against Nishimura without Imose’s testimonies.
Kurren said he would rule later on Wolff’s requests.
A grand jury on Wednesday returned an indictment combining the drug, extortion, lying to investigators and witness-tampering charges while adding a new false-statement accusation.
The newest charge accuses Nishimura of lying to FBI agents when he told them he did not talk to Imose about the federal task force investigation of a Hawaii prison gang, the United Samoan Organization.
Kurren had already turned over to Wolff a document Tamashiro filed with the court under seal before withdrawing as Imose’s lawyer. Kurren turned it over because he said the document "contains information suggesting that a fraud on the court was committed."
Federal prosecutor Susan Cushman opposed Wolff’s request for Imose’s grand jury testimonies.
She said Imose testified this week that her February testimony was truthful. She said Imose also explained to the grand jurors why she told her lawyer she lied.
Cushman said the recording is evidence that Nishimura coached Imose by telling her what to say to Tamashiro. She said it is also evidence that Nishimura violated the terms of his bail release by having contact with Imose. The witness-tampering charge involves Imose.
Kurren said, "Well, it’s a pretty murky situation." But said he will review the grand jury testimonies before deciding whether to order the government to turn them over to Wolff.
Meanwhile, at Nishimura’s request, another judge, U.S. Magistrate Judge Richard L. Puglisi, rescheduled to Nov. 29 a hearing on the government’s request to have Nishimura held in custody without the opportunity for bail pending trial. Nishimura had been free on $50,000 signature bond before his Monday arrest.
In July 2009, Imose, also known as Doni Crisolo, 40, pleaded guilty to conspiracy and other charges for her role in a methamphetamine trafficking ring that imported the drug from California and distributed it on Oahu and Hawaii island. One of the other members of the ring who pleaded guilty was an elementary school special-education teacher in Hilo.
The conspiracy charge carries a mandatory minimum 10-year prison term.
Imose was originally scheduled to be sentenced in November 2009. However, at the government’s and Imose’s requests, the court has rescheduled sentencing 14 times. The latest is for January, but that date is likely to be delayed until after Nishimura’s case is concluded.
The government filed papers last December stating its intention to ask the court to give Imose a break at sentencing in return for her cooperation.
In September, after Wolff asked the prosecutor to dismiss its case against Nishimura because he believed Imose lied to the grand jury, U.S. Attorney Florence Nakakuni said in a letter to Wolff that when the government asked Imose about it, Imose declined to answer and invoked her constitutional right against self-incrimination.
The next month the prosecutor told Imose’s new lawyer, William Harrison, that it will be opposing his request for additional leniency.
On Tuesday, Imose testified before a grand jury on behalf of the government.
Nishimura is a 31-year Police Department veteran. After his indictment in February, the department revoked his police powers and assigned him to desk duties. It later placed him on paid administrative leave.
After his arrest Monday on the drug charge, the department said it placed Nishimura on unpaid leave.