Judge acquits 2 charged in drug case

A federal judge acquitted two men on trial for their alleged involvement in a drug trafficking and distribution ring before either man presented a defense.

Harry Akana and Daniel Fola have been on trial in U.S. District Court along with four other defendants. Akana and Fola were charged with conspiracy and possessing with the intent to distribute 1.5 pounds of methamphetamine.

They were allegedly part of a drug ring accused of bringing 400 pounds of meth into Hawaii.

U.S. District Judge Leslie Kobayashi acquitted Akana and Fola Wednesday after federal prosecutors completed their presentation of evidence to the jury. Kobayashi ruled that the government did not present enough evidence against the two men for the jurors to consider.

"Akana, from the beginning, denied involvement in a conspiracy," said Mark Kawata, Akana’s lawyer.

Fola’s lawyer, Dana Ishibashi, said the government failed to present any evidence against his client.

Kobayashi had earlier precluded the government from presenting certain evidence and a witness because the prosecutor failed to turn over to the defense material it was constitutionally required to provide.

Defense lawyers did not get from the government material about some witnesses until after the witnesses had already testified and learned during cross-examination of those witnesses about other material they didn’t have. Much of the material could have been used by the defense lawyers to bring into question the truthfulness of the witnesses’ testimony.

Evidence against Akana and Fola was not among the material Kobayashi prevented the government from presenting.

Because of the government’s actions, Kobayashi allowed the remaining defense lawyers Wednesday to each make another opening statement to the jurors. She instructed the jurors that because of prosecutorial misconduct, she was also allowing the defense to recall certain government witnesses for further cross-examination and told them to disregard testimony from John Tai, prosecution witness and admitted ringleader.

Defense lawyers received reports of three debriefings Tai had with U.S. Homeland Security Investigations agents before Tai took the witness stand. During cross-examination, they learned that Tai had had 17 other debriefings for which the government did not provide reports. The defense lawyers also learned that Tai had been corresponding from the federal detention center by email with others.

Assistant U.S. Attorney Jonathan Loo told Kobayashi that the government put a stop to Tai’s communication with co-defendants.