Retired Honolulu Police Chief Louis Kealoha and his former deputy prosecutor wife, Katherine Kealoha, will not stand trial next month on federal bank fraud charges as originally scheduled.
U.S. Magistrate Judge Richard L. Puglisi on Tuesday postponed the Kealohas’ Nov. 14 trial date after reviewing 43 pages of Katherine Kealoha’s medical records. He scheduled a hearing with the lawyers for Thursday morning to decide a new trial date and suggested Feb. 26.
Whatever new trial date all of the parties agree to will probably affect the March 19 conspiracy and obstruction trial of the Kealohas and four former members of the Honolulu Police Department’s elite Criminal Intelligence Unit. So, Puglisi ordered the lawyers for the former CIU officers to also attend Thursday’s hearing.
Katherine Kealoha had asked for the postponement of the November trial. Her lawyer filed the request under seal since it contained “confidential medical records and information” in support.
“I find that given Katherine Kealoha’s medical records and relying on the information contained therein, she will not be able to attend the Nov. 14 trial and assist in her defense,” Puglisi said.
Cynthia Kagiwada, Kealoha’s court-appointed lawyer, said, “We’re happy that the judge listened to all of our arguments and are happy that he decided that in the interest of a fair trial that the trial should be continued.”
The oral arguments Tuesday were limited because Puglisi ordered the lawyers not to disclose any information contained in the sealed records.
Because of that, and to protect Kealoha’s privacy, Kagiwada said she couldn’t say whether her client has a medical condition, illness or injury or whether she will ever be able to stand trial.
Also at Kealoha’s request, Puglisi ordered deleted from the pubic record the government’s response to Kealoha’s request for postponement.
In the response, federal prosecutors accused Kealoha of “feigning serious illness” and that she “has previously attempted to manipulate others by claiming to suffer from serious medical infirmities.”
Puglisi said the response is full of conclusions based on hearsay and other unreliable sources, and hyperbole, much of which is irrelevant and immaterial.
“It is my opinion that you were not very careful when you filed that in the public domain,” Puglisi told Eric Beste, special attorney to the Attorney General of the United States.
Beste said he filed the response after he received the first batch of medical records Kagiwada had filed under seal but before Kagiwada filed additional records under seal.
Puglisi asked Beste whether he had any reason to question the authenticity of the medical records. Beste said he had no position on additional records because he received them Monday night and had not had time to investigate them.
