Kealoha lawyer seeks city funding for fees

An attorney for former Honolulu Police Chief Louis Kealoha on Wednesday urged the Police Commission to use taxpayer money to pay for the lawyers representing him in two federal criminal cases.

The panel will decide on the request at its next meeting March 20, Commission Chairwoman Loretta Sheehan said.

Kevin Sumida, one of Kealoha’s attorneys, argued at the Police Commission meeting that the charges against Kealoha deal with alleged incidents that occurred while he was performing his duties as chief. Kealoha is accused of using his office and HPD’s resources to commit the crimes, he said.

“We think that the Hawaii law is very clear that the need to defend must extend to these criminal proceedings,” Sumida said. “So long as there is a potential for liability the law says you must defend.”

Deputy Corporation Counsel Ernest Nomura disagreed. The Department of Corporation Counsel, the city’s chief legal arm, has recommended the city reject Kealoha’s request.

In one of the public corruption cases, federal attorneys allege Kealoha and his wife, former Deputy Prosecutor Katherine Kealoha, conspired with officers under his command to steal the mailbox on the front yard of the Kealohas’ Kahala home and then cover up the incident.

The second case alleges the Kealohas committed bank fraud, identity and mail fraud, among other things.

Commission member Steven Levinson, a former Hawaii Supreme Court justice, asked Sumida for specific incidents that showed Kealoha committed the alleged crimes during his performance as a police officer.

Sumida said an allegation that the Kealohas forged an HPD theft report involves accessing a reporting form not normally available to the general public.

Kealoha has already been denied city-paid legal fees in a separate but related civil case against him and his wife brought by Gerard Puana, Katherine Kealoha’s uncle.

Before making his case Wednesday, Sumida called for Sheehan to recuse herself or be disqualified from the proceedings. When Kealoha agreed to retire in early 2017, Sheehan was the only commission member to vote to reject paying him $250,000 as part of a settlement agreement with the city.

Sheehan holds at least “an appearance of bias” against Kealoha, he said.

Sheehan refused to recuse herself. She said she bears no animus toward Kealoha and would be able to vote objectively on the fees request.

Sheehan’s five colleagues agreed and voted unanimously to let her continue not only as a participant, but as the presiding officer in the proceeding.