Honolulu Prosecutor Could Be A Witness For The Defense
In an unusual move, a defense attorney wants Keith Kaneshiro to testify about a prosecutor’s investigation into “ghost tickets.”
Defense attorney Jonathan Burge wants to put Honolulu Prosecuting Attorney Keith Kaneshiro on the witness stand to find out what he knows about city cops issuing fake speeding tickets.
It鈥檚 an uncommon legal maneuver, but Burge is trying to get to the bottom of questions raised by Kaneshiro鈥檚 own public statements about an alleged 鈥済host ticket鈥 scandal that might be occurring within the Honolulu Police Department.
鈥淚t鈥檚 not a small step, and I recognize that, to subpoena the prosecutor,鈥 Burge said. But “apparently Kaneshiro knows something that nobody else does.”
Burge鈥檚 case involves a client who was arrested for speeding and driving under the influence in December 2016. According to court records, Honolulu Police Officer Ty Ah Nee, who works in the traffic division, was the arresting officer.
Burge wants to know if Ah Nee has a history of lying or falsification of records, something that would diminish his credibility in the courtroom.
Prosecutors are required to turn over that kind of information to the defense because it’s considered exculpatory evidence that could be used for the defendant’s case.
Specifically, Burge wants to put Kaneshiro on the witness stand so he can answer questions about whether Ah Nee is himself under investigation for issuing fake speeding tickets as part of an alleged scheme to collect more overtime pay.
Kenneth Lawson, co-director of the Hawaii Innocence Project, said it鈥檚 understandable that Burge wants to question Kaneshiro under oath, especially given his statements to the press in recent months.
鈥淚t鈥檚 not common,鈥 Lawson said. 鈥淏ut we鈥檙e not talking about a common case, and we鈥檙e not talking about common circumstances.鈥
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The allegations involving Ah Nee stem from Kaneshiro鈥檚 defense of Katherine Kealoha, who is being investigated by the U.S. Justice Department for public corruption and abuse of power along with her husband, Louis Kealoha, who is the former head of HPD.
A federal grand jury has been investigating whether Katherine Kealoha lied to a judge in 2014 to get a speeding ticket dismissed for an acquaintance, according to witnesses who have been called before the grand jury.
That speeding ticket was issued by Ah Nee. But Kealoha told a traffic court judge that the man who was ticketed, Adam Wong, was actually being impersonated by a 鈥渃areer criminal鈥 who was in possession of Wong鈥檚 truck.
When federal investigators began聽looking into the speeding ticket, Kaneshiro told Civil Beat and other media that he ordered the dismissal as part of a 鈥済host ticket鈥 investigation that involved several officers.
In an聽interview with Civil Beat, he described Wong as a victim of the scheme.
鈥淚t鈥檚 not a pervasive problem, but it鈥檚 a problem that needed to be addressed,鈥 Kaneshiro said at the time. 鈥淲e know it happened in this particular case and we know that there might be one or two other cases.鈥
The question now is whether Kaneshiro鈥檚 statements hold any merit.
The Honolulu Police Department and Honolulu Police Commission, which investigates citizen complaints of officer misconduct, have already said in court records that Ah Nee has done nothing wrong.
Even First Deputy Prosecuting Attorney Christopher D.W. Young has acknowledged in court documents that his office doesn鈥檛 have any documents indicating there have been any investigations into Ah Nee.
But Burge said Young鈥檚 statements aren鈥檛 enough. He needs to know if Kaneshiro himself might have information that would undermine Ah Nee鈥檚 credibility, even if it hasn鈥檛 been shared with other people in his office.
鈥淜aneshiro, he鈥檚 the man, and he needs to answer one way or another,鈥 Burge said. 鈥淚 know it鈥檚 a big step, and I鈥檓 not out to harass the prosecutor鈥檚 office. I鈥檓 out to see if it鈥檚 true or not.鈥
A hearing is scheduled for May 15. Burge said he plans to issue a subpoena to Kaneshiro before the hearing.
