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Honolulu police Maj. Carlton Nishimura is scheduled to be released today after a federal judge turned down a request from prosecutors Monday to keep him in custody pending his federal trial on extortion and drug charges in April.
U.S. District Judge Helen Gillmor upheld a ruling by federal Magistrate Judge Richard Puglisi on Thursday permitting Nishimura, 55, to be released into his parents’ custody on $150,000 bail.
Nishimura must also wear an electronic monitoring bracelet.
"Your honor, I just want one more chance of getting it right," Nishimura told the judge.
Nishimura had been free on an unsecured $50,000 bond until he was taken into custody Nov. 14 when the FBI raided his Waianae home and recovered about an ounce of crystal methamphetamine.
Assistant U.S. Attorney Thomas Muehleck argued that the community’s safety requires Nishimura being kept in custody. Muehleck said Nishimura’s violations of his conditions of release included contacting Doni Mei Imose, a key witness in the case.
Gillmor imposed an additional condition that Nishimura cannot use a cellphone.
Federal Public Defender Peter Wolff, who earlier said Nishimura doesn’t know anything about the drugs found at his house, urged the judge to uphold Puglisi’s ruling.
Nishimura, a 31-year veteran of the Police Department, was indicted in February on charges of extortion, lying to investigators and witness tampering in connection with an illegal gambling operation.
A charge of "ice" possession was added to the indictment after the raid at his home.