Federal prosecutors notify possible suspect in HPD chief’s case

Federal prosecutors investigating a case involving possible public corruption by Police Chief Louis Kealoha and his wife, a deputy prosecutor, have sent out a target letter to at least one person, saying he is a possible suspect in the investigation.

Meanwhile, the newest Honolulu police commissioner, Loretta Sheehan — a former federal prosecutor who sat in on her second meeting with the panel Wednesday — asked pointed questions of the HPD’s brass on officer misconduct cases.

Attorney William Harrison said a client of his received the target letter on Aug. 31, and in response, Harrison has had initial discussions with the U.S. Attorney’s Office. He would not disclose who his client is.

“It’s pretty much a standard target letter that basically indicates the FBI is looking into investigating whether he committed criminal acts and that he’s a target of the investigation at this point,” he said.

The letter also urged his client to obtain an attorney.

“What they’re saying is they have enough information to charge you with a crime, so come talk to us,” he said. Harrison hasn’t had a chance to hear the evidence against his client.

The federal investigation has been going on since 2015 after a federal public defender turned over evidence of possible officer misconduct to the FBI.

The federal investigation is reportedly looking into allegations that the chief abused his authority in a case against his wife’s uncle, Gerard Puana, over a stolen mailbox, said Kealoha’s attorney, Myles Breiner. It is also looking into Kealoha’s wife, Katherine Kealoha, who allegedly tried to falsely implicate her uncle in the crime.

Breiner said neither of the Kealohas received a target letter.

Harrison said he didn’t know how far along the investigation is, or whether it’s close to wrapping up.

At the Honolulu Police Commission meeting Wednesday, Kealoha said he was unaware of any officers receiving target letters, and said the department has a policy that officers receiving notice of a pending legal action notify the department.

Commissioner Ron Taketa said the chief’s office contacted the U.S. Attorney’s Office on Wednesday for more information, but that the office was not able to provide any.

Breiner said target letters are designed to encourage individuals to come forward with incriminating information.

“In my mind, it tells me they’re having difficulties getting witnesses to implicate the chief or his wife or whoever else the targets are,” he said. He said target letters are usually issued to people who have exercised their right to remain silent.

“This is part of the pressure,” he said. “You issue target letters, causing great anxiety with the intention to get them to come forward and say, ‘Let’s work something out.’”

Meanwhile, at the Police Commission meeting, Kealoha responded to a recent series in the Honolulu Star-Advertiser about officer misconduct, saying officer misconduct in any form is unacceptable.

“We understand that it undermines our public trust and confidence, and it does portray the entire force in a negative light,” he said.

He said the department has taken steps to prevent and reduce misconduct by increasing the amount of unannounced inspections and the amount of training for front-line supervisors. He cited as an example a new class for recently promoted sergeants that focuses on communication and indicators of officer misbehavior.

He said the department has also rewritten the department’s policy on domestic violence with increased training hours and pilot projects.

“We value the public’s trust, and we know that trust is earned,” he said. “As a department, we’re going to continue to work hard to earn and keep the public’s trust and confidence in the Police Department.”

Sheehan, the newest Police Commission member, asked about several cases of officer misconduct noted in the Star-Advertiser, such as officer Keoki Duarte — one of eight officers sued for allegedly beating two hikers mistaken for burglars. He was also charged in June with assaulting a driver in an alleged road rage incident.

Police said Duarte is on desk duty.

The Police Commission found the officers in the hiking incident used excessive force, but the Police Department disagreed and the officers were not disciplined.

Deputy Chief Cary Okimoto said police couldn’t determine which of the eight officers injured the hikers and that it wouldn’t be fair to punish all eight. He said the victims couldn’t point out the officers.

He noted the officers were on a cliff on a mountain, and the officers had to tackle the men quickly, during which time they were somehow injured. He said when they were brought down from the mountain, there weren’t any signs of injuries and the victims didn’t complain of pain.

Sheehan also asked why the Police Department did not discipline an officer who allegedly discriminated against officers based on their race. The case was connected to a lawsuit that cost the city $4.7 million to settle earlier this year.

In the case, three officers sued the department in 2010 saying supervisors were refusing to send back-up officers based on racial discrimination. Lt. Dan Kwon admitted to the administration that he made racial remarks to an African-American officer and a Mexican-American officer, calling the latter, “a beaner, senorita, a wetback,” Sheehan said.

“What message does that send to our community when you exonerate someone who’s admitted to using these kinds of slurs?” Sheehan asked Kealoha.

“We did find him in violation of the standards of conduct, but that was turned around by the Department of Human Resources,” Kealoha said. “All of these cases that we have, we take seriously, but it’s not done in isolation. All of these decisions are based on policies and procedures.”

He said the department also has to consider the collective bargaining agreement and federal, state and city laws.

The case was investigated again, and Kealoha, after a discussion with Human Resources, approved a final ruling that Kwon was not in violation of department policy.