The Honolulu Police Commission on Wednesday decided to schedule dual hearings but did not set a date. Both are expected to take place on the same day, however.
Kealoha, his wife and several police officers have been charged by federal prosecutors in connection with a plot to frame Katherine Kealoha’s uncle for the theft of a mailbox — a federal crime — in order to gain leverage in a family legal dispute involving hundreds of thousands of dollars. One trial is set to begin in March and second one later in the year.
The city’s Corporation Counsel has already advised the commission to deny Kealoha’s requests for a taxpayer-funded legal defense.
In a Jan. 16 memo the city’s attorneys provided a substantive analysis of its position. That document would ultimately become a public exhibit in the contested case hearing, according to Commissioner Steve Levinson.
“Obviously the position of the city and county and former Chief Kealoha’s request are adversarial,” he said.
Levinson said he does not understand why Kealoha would seek a city-funded lawyer when he is already getting representation paid for by federal dollars.
The commission oversees the process for approving subsidized legal counsel for cops accused of wrongdoing in both civil and criminal cases.
The practice of paying for an officer’s legal defense is allowed under state law so long as the officer can prove that what they’re being accused of occurred during the course of their work as a cop.
The commission has already denied Kealoha’s request for taxpayer-funded legal counsel in a related civil lawsuit that was filed against him by Katherine Kealoha’s uncle, Gerard Puana, the alleged victim of the frame job.
The Kealohas were additionally charged with a series of financial crimes, including bank fraud and identity theft. The criminal case has since split into two procedures, one involving the mailbox conspiracy and the other related to the financial crimes.
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