Following a weeklong recess starting Monday, the Kealoha corruption trial could wrap up by late June.
Friday represented the 12th day of the prosecution’s case.
There will be no court sessions next week. Federal prosecutors told U.S. District Chief Judge J. Michael Seabright on Friday that they plan to call a handful of final witnesses and might be able to conclude their case June 17, the day the trial resumes, or by the morning of June 18.
Seabright then surveyed the five attorneys defending former Deputy Prosecutor Katherine Kealoha and her husband, former Honolulu Police Chief Louis Kealoha, and retired HPD Maj. Gordon Shiraishi, Lt. Derek Wayne Hahn and officer Minh-Hung “Bobby” Nguyen.
Without asking whether they intend to put their clients on the witness stand, Seabright asked the attorneys to estimate how much time they will need to present their cases.
Attorney Cynthia Kagiwada, who represents Katherine Kealoha, said she would need the most time, about two days. She was followed by Shiraishi’s attorney, Lars Isaacson, who said he likely will take a day and a half. Rustam Barbee estimated he will need a full day for his defense of Louis Kealoha.
The two attorneys for remaining defendants Nguyen and Hahn said they would likely need only a few hours each.
The total estimated time for all five defense attorneys added up to about a week.
On Friday prosecutors presented an audio recording of Nguyen explaining why he was in the same building where Katherine Kealoha was giving a deposition in a civil lawsuit between her and her grandmother and uncle on June 19, 2013 — three days before Kealoha reported her mailbox stolen.
Kealoha’s estranged uncle, Gerard Puana, testified this week that Kealoha was texting when he and his mother, Florence Puana, left the deposition room. When they got downstairs into the lobby, Nguyen also was texting.
In an audio recording of Nguyen’s grand jury testimony, Assistant U.S. Attorney Michael Wheat asked Nguyen whether he explained to Gerard Puana why Nguyen was there.
“No, that’s not his business,” Nguyen replied. “It’s police. I’m not supposed to divulge what we do.”
Wheat then asked whether Nguyen was there to “provide security” for Kealoha, and Nguyen replied, “Yes.”
Asked whether Gerard Puana was a threat to Kealoha, Nguyen said, “I can’t answer that question. I don’t know.”
He then told Wheat he was in the building “cooling off” because “it was super hot and the building has AC in it.”
On Thursday, jurors heard an audio recording of a different version from Nguyen.
In an interview with Honolulu Ethics Commission investigator Letha DeCaires — a retired Honolulu police captain — Nguyen told DeCaires, “I was just in the area. We were just hanging out, my partner and I.”
Repeatedly pressed by DeCaires for the name of Nguyen’s partner, Nguyen said he could not remember. He was only able to describe his partner as “a short Japanese guy.”
Then Nguyen told DeCaires he was in the building because his partner’s mother “bought us lunch. … Honestly, I’m having a brain fart. I don’t know his name.”
Prosecutors have suggested the encounter between Nguyen and Florence Puana was significant. As Gerard Puana went to retrieve his car, Nguyen asked her what kind of car Gerard drove, according to her testimony in a videotaped deposition. Florence Puana said she told him it was a white car, the same color of the car captured on video surveillance two nights later driving up to the Kealoha’s mailbox. A man then got out of the car and took the mailbox.
Kealoha reported the theft the next day.
But Florence Puana testified she was wrong when she told Nguyen her son’s car was white, because it was actually a silver 2005 Pontiac Grand Prix.
The fictional notary public “Alison Lee Wong” dominated much of the testimony Friday as federal prosecutors again linked her to Katherine Kealoha.
Rick Ornellas testified he had known Katherine Kealoha for “15 to 20 years” and that they had served on several boards together. But he had never met an Alison Lee Wong.
Then in September 2011, Ornellas said, he began
receiving a series of emails — shown to jurors Friday — from alisonleewong@yahoo.com with the subject line “KPK return.” The first group email referenced an Oct. 1 get-together at the Kahala Hotel &Resort’s Plumeria Beach House that would include a group photo and dinner.
On Sept. 1, 2011, Ornellas received another email from alisonleewong@yahoo.com, which said, “I am Kathy Kealoha’s secretary from Arbonne and her law office.”
Three minutes later Ornellas received a follow-up email that said, “I hope you remember me,” and ended, “Take care-Ali.”
Ornellas then realized the original invitation for “KPK return” represented a party for “Katherine Puana Kealoha.” Asked whether he knew what Arbonne was, Ornellas said it’s a cosmetic line Kealoha distributed.
Ornellas said he repeatedly emailed Alison Lee Wong with his phone number, asking her to call him. She never did and they never met. Then on Sept. 23, 2011, Ornellas received another email from Alison Lee Wong with cryptic and troubling phrases such as “Ali says she will call after flying to Maui”; “Cliff had a heart attack last night and his wife needs help. If this affects our plans I will let you know first thing”; and “He can’t make personal calls.”
Asked what the email meant, Ornellas said, “I have no clue.” Asked whether he knew “Cliff,” Ornellas said, “No, I do not.”
Then on Sept. 28, 2011, another email arrived from Alison Lee Wong marked “URGENT.”
“We have to cancel guys. Sorry. … I’m working with Pops guys to get it together.”
Ornellas emailed back, asking Alison Lee Wong — once again — to call him, pleading, “Ali: pls don’t forget 2 call. Mahalo.”
He never heard from her again.
