The lawyer for the man once accused of stealing Honolulu Police Chief Louis Kealoha’s mailbox met Wednesday with the FBI about the police department’s handling of the case.
"We had the meeting, and I believe it was productive," said Federal Public Defender Alexander Silvert. "It’s now in the hands of the FBI."
TRANSCRIPT HIGHLIGHTS
Page 4 to 13 » Assistant U.S. Attorney Lawrence Tong’s opening statements.
Page 13 to 19 » Federal Public Defender Alexander Silvert’s opening statements.
Page 73 to 78 » Recross examination by Public Defender Alexander Silvert of retired police officer Niall Silva, who recovered video of the mailbox theft.
Page 86 to 89 » Attorneys discuss federal court rule 404(b), which prohibits evidence of a prior bad act that could prejudice a jury against a defendant.
Page 103 to 104 » Chief Louis Kealoha’s testimony that caused the mistrial.
Page 110 to 112 » Judge Leslie Kobayashi’s comments on why she granted a mistrial.
Read the full transcript
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He said the agency will need time to look into what he presented and declined to comment further about the meeting.
"This may be criminal civil rights violations or obstruction of justice," he said of the evidence he uncovered in the defense investigation of the case. "But I can’t speak for the FBI."
Speaking generally, he said a falsified report or manufactured evidence can be an obstruction of justice and that false imprisonment can be a civil rights violation.
An FBI spokesman declined to comment unless charges are filed.
Kealoha could not be reached for comment late Wednesday afternoon.
The case that prompted the FBI meeting was dismissed with prejudice last month after Kealoha commented on the witness stand about the defendant’s criminal history, violating a court rule about presenting information that could bias the jury against the defendant. The case cannot be reinstated.
The defendant, Gerard Puana, is the uncle of Kealoha’s wife, Deputy Prosecutor Katherine Kealoha.
Kealoha made the comments about Puana’s history after attorneys mentioned the rule against presenting prejudicial information while Kealoha was on the stand.
Puana had been charged with destruction of a mailbox, but after Kealoha’s testimony, the federal judge declared a mistrial, and federal prosecutors requested the charges be dropped, then forwarded the case to the FBI.
Silvert has said the case was really about protecting the reputation of Kealoha’s wife, her license to practice law, and her career.
In a separate case, Puana is suing Katherine Kealoha, claiming she stole family money.
Silvert said the Kealohas accused Puana of stealing the mailbox to discredit him in his civil case, and that Kealoha intentionally caused a mistrial to avoid a not-guilty verdict in the case.
Meanwhile, federal prosecutors released surveillance video of the suspect taking Kealoha’s mailbox in June 2013. View the video and read the trial transcript at www.staradvertiser.com.
