Editorial: Kaneshiro must remove himself, or be removed

In an extraordinarily bold move against growing law-enforcement scandals, state Attorney General Clare Connors is urging the Hawaii Supreme Court to immediately suspend Honolulu Prosecutor Keith Kaneshiro, who is the target of a federal criminal investigation. Tuesday’s laudable action by the state’s new top attorney adds needed pressure on Kaneshiro to step away from his powerful position until, at the very least, the federal case against him reaches a point of clarity.

What is crystal-clear now is that it is impossible for Kaneshiro to do the public’s business without taint, a point underscored by both the attorney general and Honolulu police chief seeking his removal, temporarily for now. Equally clear is the harm being done to the integrity of the city Prosecutor’s Office, ranging from doubts over his directives on legal cases, to hampered interagency operations. As outlined in Connors’ petition, the breadth of authority that Kaneshiro continues to wield is of utmost concern — with strong conflict between his personal interest as a likely criminal defendant, and the public interest he has sworn to serve as prosecutor.

Kaneshiro should have removed himself long before this, but he has stubbornly ignored the calls to safeguard the office and public trust. His attorney on Tuesday finally confirmed Kaneshiro is the target of a federal investigation, and reminded us that he has a presumption of innocence. Understood. But at this point, the situation has gone far beyond one person’s presumption of innocence — it is a very public entanglement that has tarnished the image and workings of the city’s law-enforcement community.

As a public servant, Kaneshiro must go on leave, be suspended from the office, or resign.

Even as the Connors-Kaneshiro battle unfolded Tuesday, the entanglement widened: Federal prosecutors unsealed a 54-count indictment against Katherine Kealoha, Kaneshiro’s former top deputy prosecutor who already has been hit with a slew of charges involving public corruption and fraud. Those earlier cases involve Kealoha; her husband, Louis, then Honolulu’s police chief; and five high-ranking police officers, two of whom have already pled guilty.

The new indictment against Katherine Kealoha involves charges of drug distribution with her physician brother and others, plus cover-up of the alleged conspiracy. The charges raise serious questions of whether Kealoha did in fact misuse her office and abuse her authority — and further, if and what her boss Kaneshiro knew of the alleged acts. This drug-conspiracy case further erodes confidence in Kaneshiro’s supervision of the Prosecutor’s Office.

Working relations between Kaneshiro’s office and other city departments are suffering — most notably, the sharing of sensitive information, and Honolulu Police Chief Susan Ballard’s worry that his current situation could adversely affect or compromise HPD cases. Another pointed concern was the impaired coordination in joint law-enforcement initiatives such as the High Intensity Drug Trafficking Area program.

Also cited in Connors’ petition are at least two troubling allegations of retaliation by Kaneshiro against two subordinates who had been called to testify before a federal grand jury.

That report only adds to the compelling need to suspend Kaneshiro; as Connors notes, his powerful position includes “discretion regarding what kinds of offenses are prosecuted, who is prosecuted, how the prosecutions are conducted and how the cases are resolved … He also oversees the Department’s engagement with potential witnesses, including informants who may have information about both state and federal criminal investigations.”

Public confidence in Kaneshiro has plummeted among the attorney general’s office, HPD’s chief and department, and the public. He simply cannot uphold his sworn duty as city prosecutor while the federal investigation looms large.

If Kaneshiro holds this public office in any esteem, he must remove himself immediately — else, the Hawaii Supreme Court should grant Connors’ petition and do it for him.