City Prosecutor Keith Kaneshiro defended his decision to let a grand jury decide whether a misdemeanor abuse charge should be made against a police officer in a highly publicized case.
And Police Chief Louis Kealoha said he had to stick with the decision of not arresting the officer despite mounting public pressure.
Kaneshiro took issue with suggestions that his decision to go to a grand jury with the case was a way of deflecting public criticism for not charging the officer outright.
"By issuing grand jury subpoenas to reluctant or uncooperative witnesses, we could compel them to testify and tell the panel — under oath — exactly what they saw and heard as the events on the videotape unfolded," Kaneshiro said in a written statement issued Thursday.
The alleged abuse case came to light when surveillance video from Kuni’s Restaurant and Lounge in Waipahu was made public through the media, showing Sgt. Darren Cachola apparently punching his girlfriend, bar manager Deberah Aton.
The video showing what appeared to be violent punches by Cachola stirred public outrage when he was never arrested and when it was learned responding officers did not file a report.
Aton’s attorney, David Hayakawa, said the grand jurors were shown three videos, including one not released to the public, of the couple engaged in horseplay in the restaurant kitchen. Laughing, Aton is shown removing her high heels and delivering the first blow.
Aton, a kickboxer who engages in full-contact sparring, told police it was a case of horseplay, submitted to a full-body examination and had no marks on her body, Hayakawa said.
Kealoha, who was publicly criticized and politically pressured for his handling of the case, said, "From the beginning we have to make tough decisions, and we have to stick by it. You’re not going to satisfy everybody. We knew we were going to be scrutinized, and we just have to stick with it all the way."
He said he had no criticism of Kaneshiro’s decision. "He did what he thought he was supposed to do. He did his job.
"As a police chief, if you’re not expecting to be criticized by the public, the media and the politicians, then this job is not for you. That’s part of the job. I’m not taking it personal. That’s just how it is," Kealoha said.
Kaneshiro remained silent Wednesday on details of the grand jury proceedings and its decision not to indict Cachola, because such proceedings are held in secret. The decision became public Wednesday after Cachola’s attorney and Hayakawa spoke publicly about it.
Defense lawyer Victor Bakke, not involved in the case, commented Wednesday that it was unusual for a misdemeanor case to be brought before a grand jury, which usually convenes for felony cases.
He suggested Kaneshiro did it to avoid potential criticism for failure to charge Cachola and left the decision to the grand jury.
Kaneshiro, who declined an interview, said in his statement,"Taking the case to a grand jury wasn’t about looking for a way out. It was about finding the most effective strategy to obtain and present all the facts and have an independent decision made."
When the Honolulu Police Department turned over the investigation to the prosecutor’s office, police said there was insufficient evidence to support a charge and that HPD had exhausted all its options, the prosecutor said.
He summarized HPD’s conclusion: There was no complaining witness, no victim willing to press charges and testify in court, no injuries and no witnesses willing to testify to the event.
"The full surveillance video showed several physical interactions before and after the brief clip given to the media (and) raised doubt about who the aggressor was," Kaneshiro said.
Hayakawa said, "Ican imagine why witnesses didn’t want to cooperate, and the only way to force them to cooperate would have been by dragging them in to the grand jury," adding his client cooperated fully.
"Regardless of the reason why he did it, because of public distrust on this issue, going to an independent grand jury makes a lot of sense," he said. "It increases public confidence in the position."
Hayakawa added, "In hindsight, clearly horseplaying like this in public was not a smart thing to do, and everyone regrets it, but that doesn’t make it a crime."
Cachola and the officers who handled the case remain under an HPD administrative investigation.