Federal judge reschedules deposition of ailing 99-year-old grandma in Kealoha case

A federal judge on Friday set a new date to take the early testimony of an ailing 99-year-old witness in the criminal trial of Louis and Katherine Kealoha but not before issuing a stern warning to lawyers in the case about their poor communications.

U.S. District Chief Judge J. Michael Seabright rescheduled the deposition of Florence Puana, the grand­mother of Katherine Kea­loha, for April 30 after the two sides were unable to coordinate an earlier date because of what the judge called a lack of communication.

If lawyers for the government and defendants don’t talk to each other in a meaningful way during next month’s trial, resulting in delays and a waste of the judge’s and jurors’ time, “there will be a price to pay,” Seabright warned them at a court hearing.

“I can’t be any clearer than that,” he added.

Seabright’s verbal rebuke came after Cynthia Kagiwada, attorney for Katherine Kealoha, told the court Friday by phone that Kagiwada was in Toronto and would not be back until April 29 — six days after federal prosecutors were planning to take Puana’s deposition.

Katherine Kealoha, a former deputy prosecutor; her husband, former police chief Louis Kealoha; and three former members of the Honolulu Police Department’s elite Criminal Intelligence Unit are scheduled to stand trial next month on conspiracy and obstruction charges. Puana is a witness in that case.

Prosecutors wanted to take Puana’s testimony on Tuesday because she is in ill health, and they are uncertain she will be able to testify at trial, which starts May 15 with jury selection.

Colin McDonald, a federal prosecutor, told Seabright by phone that a priest has visited Puana in the hospital within the past two weeks, an indication of her poor health.

McDonald said he arranged Puana’s deposition for Tuesday without knowing Kagiwada would be in Toronto and after unsuccessful attempts to reach her this week to verify that the date was acceptable. He also pointed out that Kagiwada did not disclose at a prior hearing that she would be in Toronto until April 29.

“I’m not happy with the lack of communication,” Seabright said.

The judge said he would not order Kagiwada to return to Hawaii for Tuesday’s deposition so he agreed to reschedule it for the day after she is due back.