The federal public defender who first pointed out potential wrongdoing in the Honolulu Police Department to federal prosecutors is now calling for the resignation of three Police Commission members who had supported retired Chief Louis Kealoha in the wake of his federal indictment on corruption and conspiracy charges last week.

In an open letter published in today’s Honolulu Star-Advertiser, First Assistant Federal Public Defender Alexander Silvert said three current members of the commission should resign because they voted to give Kealoha a new contract before his first term was up, repeatedly gave him high evaluation marks and voted to pay him $250,000 to retire instead of seeking to fire him for cause.

“Moreover, these three commissioners did absolutely nothing to learn the facts behind the allegations that have been at the center of the pending federal case for the last two years,” Silvert said in his opinion piece. The three did nothing after retired Officer Niall Silva pleaded guilty and acknowledged a conspiracy, or when Kealoha received a target letter from federal authorities in December, he said.

Silvert does not name the three in his open letter, but they are Commission Chairman Max Sword, Vice Chairwoman Cha Thompson and Commissioner Eddie Flores. They are the three longest- serving of the five commissioners.

The commission began interviewing the seven finalists for chief Monday and could have a decision by Wednesday or Thursday. Sword has recused himself due to a conflict of interest because his wife, Mona Wood-Sword, is first cousin to finalist Thomas Aiu.

Thompson, who serves as acting chairman in Sword’s absence, and Flores are half of the remaining four commissioners that are weighing the chief’s selection this week.

Silvert, who wants the search halted, said he has no doubt that the three are “good people.”

“However, we judge people by their actions,” Silvert said. “And here, their actions demonstrate that these remaining commissioners should not be involved in the selection of a new chief.”

All three should resign immediately or be asked by Mayor Kirk Caldwell to step aside, he said.

“They should not vote in a new chief as their last act as commissioners given their track record. To allow them to do so would be a disservice to the public and the trust we, as citizens of Honolulu, place in them.”

The selection process “should be delayed so it can be done after examining the mistakes that were made and addressing those mistakes so they aren’t repeated,” he said. “Moving forward simply for the sake of moving forward is irresponsible.”

Thompson, told of Silvert’s call, defended her actions. Flores and Sword declined to comment.

She and other commissioners supported Kealoha based on the facts available to them, she said — “at the time … with what we knew,” she said.

Thompson said news media and attorneys who have criticized the commission often don’t see the overall picture of the panel’s actions. “I feel completely confident that everything I’ve said and done was in the public’s interest because that’s who I serve,” she said.

The president and CEO of Polynesian entertainment company Tihati Productions, Thompson said she also disagrees with those who criticize the idea of appointing commissioners who do not have experience with law or law enforcement.

“I happen to think that civil oversight is very important,” she said.

Public assertions

Silvert represented Gerard Puana, the uncle of city deputy prosecutor Katherine Kealoha, when he was accused of stealing the Kealohas’ mailbox from their yard in Kahala in 2013. Silvert has told federal authorities and the news media that the evidence supports his belief that Puana was framed by the Kealohas and other HPD officers to discredit him. At the time, Puana was in a civil lawsuit against the Kealohas, whom he accused of misusing his money.

The Kealohas and those charged then allegedly conspired to arrest him and prosecute him, and then lie to federal authorities about how the mailbox theft investigation was conducted.

Silvert’s assertions formed the core of the charges U.S. attorneys filed against the Kealohas and four other officers last week.

Despite his public assertions against the Kealohas, no one from the Police Commission has ever contacted him, he said.

The two other current commissioners considering a new chief this week are Loretta Sheehan and Steven Levinson.

Sheehan was the only commissioner who objected to paying Kealoha $250,000 when he retired earlier this year. Instead, she said, the commission should have conducted a for-cause hearing “to examine the issues that have been raised regarding his leadership and management abilities.”

On Monday the four commission members interviewed retired HPD Deputy Chief Paul Putzulu and retired federal Drug Enforcement Administration agent Aiu, each for more than 90 minutes. Scheduled to be interviewed today and Wednesday are HPD Maj. Susan Ballard, retired HPD Maj. Kurt Kendro, retired HPD Assistant Chief Kevin Lima, retired Pennsylvania State Police Maj. Mark Lomax and current Arlington (Texas) Police Department Maj. James Lowery.

Before interviewing finalists Monday, commissioners agreed to distribute just one ballot to themselves on which they would select their choice for chief.

The commission is a seven-member panel, which requires four votes for any action. But with two vacancies and Sword’s recusal, all four must reach consensus if they intend to pick a chief this week.

Levinson had earlier floated the idea of distributing each of the commissioners two ballots — one stating just one choice, a second ranking each of the seven candidates.

But on Monday, Levinson said he now thinks a single ballot, with one pick, should be the method used. If the four commissioners can’t agree, they could then look at alternatives such as a ranking ballot or waiting until two new commissioners come aboard, he said. His colleagues agreed with him.

Caldwell last week forwarded to the City Council the names of two nominees, Karen Chang and Gerard “Gerry” Gibson, to the commission. Council Chairman Ron Menor is fast-tracking their nominations so that a final vote on their confirmations can be held Nov. 1.

Menor said he doesn’t want the commission to stop its process, but that he is speeding up the nominations in the event the four cannot agree on a choice.