Kealoha Trial: Officers Testify Against Their Former Chief And His Wife
UPDATED:聽John McCarthy, now a deputy chief, said Katherine Kealoha聽tried to get him to investigate her uncle for financial elder abuse two days after her mailbox was reported stolen.
Federal prosecutors paraded a series of current and former police officers into U.S. District Court on Friday to testify against their former chief, Louis Kealoha, and his wife, Katherine, a former city prosecutor.
The Kealohas are accused of framing her uncle for the theft of their mailbox in June 2013 to undermine him in a civil lawsuit he filed against Katherine.
According to the U.S. Justice Department, they enlisted the help of several officers from the Honolulu Police Department鈥檚 Criminal Intelligence Unit to carry out the set-up.
Three of those officers, Derek Hahn, Minh-Hung 鈥淏obby鈥 Nguyen and Gordon Shiraishi, are also on trial with the Kealohas. Two others have already pleaded guilty.
Among the witnesses to testify Friday were聽the officer who arrested Gerard Puana for the mailbox theft, the president of the state police union and two officers who spent days following Puana before he was officially named a suspect in the mailbox theft.
‘Its Ur Pain In The Okele’
The last witness of the day was John McCarthy, who was appointed deputy police chief after Susan Ballard succeeded Louis Kealoha as chief.
McCarthy said Katherine Kealoha came to HPD headquarters two days after her mailbox was allegedly stolen on June 21, 2013, to tell him she believed Puana was taking advantage of his mother, Florence Puana, who is Katherine鈥檚 grandmother.
The conversation was preceded by a text message from Kealoha:
鈥淚ts ur pain in the okole-kat kealoha! Help! Can I please make an appointment?鈥
At the time, McCarthy was the head of the white collar crime division at HPD. He said Kealoha approached him with a box filled with financial documents that she said would prove the case against her uncle.
But when McCarthy started thumbing through the pages he said he noticed Kealoha鈥檚 name was on almost all of the bank statements and that she appeared to be spending her grandmother鈥檚 money on herself.
鈥淪he was very nervous,鈥 McCarthy said. 鈥淪he was speaking very fast, very choppy.鈥
After about 15 to 20 minutes, McCarthy said he told Kealoha he would need to get the original versions of financial documents she provided to pursue a legitimate investigation. He also noted that he would need a complainant, such as Florence Puana, to come forward.
鈥淭hat sort of ended the whole conversation,鈥 McCarthy said.
He said he tried following up with Kealoha several weeks later and she told him that she wanted to drop the case.
By that time, Gerard Puana had been charged with stealing the Kealohas鈥 mailbox, a fact McCarthy said he was vaguely aware of. He said he also knew that Puana was involved in a lawsuit with Katherine, who told him her husband was upset about the whole situation.
鈥淲hat did Katherine Kealoha tell you that Louis Kealoha said?鈥 Assistant U.S. Attorney Joseph Orabona asked.
鈥淗e said that if he lost the civil suit he would shove any money up Gerard鈥檚 ass,鈥 McCarthy said.
‘It Was Rumored It Was Me’
Nalei Sooto, a former Honolulu officer, testified that he had twice been shown grainy, black-and-white surveillance video of a man stealing Louis and Katherine Kealoha鈥檚 mailbox from in front of their Kahala home.
The first time was just days before he arrested Puana in a church parking lot for allegedly taking the mailbox.
The second came years later while he was working in harbor patrol in Seattle. An FBI agent asked him if the man seen plucking the mailbox from its post was Sooto himself.
鈥淭he agent said it was rumored it was me,鈥 Sooto said. 鈥淏ut by viewing the video it obviously was not me.鈥
When pressed by a defense lawyer later, Sooto said, the agent might have asked the question jokingly.
Assistant U.S. Attorney Michael Wheat questioned Sooto about his involvement in the mailbox investigation. He said he was first contacted by his boss, Sgt. Michael Cusumano, on June 25, 2013, four days after the theft to review the surveillance video.
Cusumano, who was a surfing buddy of Louis Kealoha, sent Sooto to the chief鈥檚 house where he said he and his partner, Vance Leong, met with Nguyen.
At the time, Sooto was assigned to an HPD Crime Reduction Unit in Waikiki that focused on combating street level crimes. He said it wasn鈥檛 out of the ordinary for colleagues to call in members of a CRU unit to watch surveillance video to see if they recognized any faces.
What was odd, he said, was that he was called to the chief鈥檚 house, a place he said he鈥檇 never been before. When he watched the video he wasn鈥檛 much help.
鈥淲ere you able to identify that person?鈥 Wheat asked.
鈥淣ot at all,鈥 Sooto said.
Sooto eventually arrested Gerard Puana on June 29, 2013, minutes after Katherine Kealoha identified the man in the video as her uncle during an interview with a homicide detective who was also assigned to the case.
Sooto said he made the arrest based on a photo that was given to him of Puana.
‘It Just Didn’t Resemble Him’
Malcolm Lutu, president of the State of Hawaii Organization of Police Officers, testified about his friendship with Puana and his time in the Criminal Intelligence Unit.
Lutu, who鈥檚 been an HPD officer for 30 years, said he was a member of the CIU from 2010 to 2017, which meant he was assigned to the unit when the mailbox theft was being investigated.
Lutu was not a part of the team leading the investigation, but he did have the opportunity to watch the surveillance video. He had a personal connection to the case in that he was a friend of Puana.
He said they used to lift weights together in the mid-1980s at a Pearl City gym called the Power Pit. Both Lutu and Puana were competitive power lifters.
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That鈥檚 why when Lutu first watched the surveillance video he was perplexed. The man looked younger than Puana, who was in his 50s at the time of the alleged theft. He noted that the man in the video also had a thin neck, something the powerlifting Puana wasn鈥檛 known for.
鈥淚t just didn鈥檛 resemble him,鈥 Lutu said.
When the defense had a chance to cross examine Lutu, Nguyen鈥檚 attorney, Randy Hironaka, asked why Lutu never raised his concerns with his colleagues in CIU or with federal investigators.
鈥淚 was under the impression that the ID was made and it was already going through so I didn鈥檛 say anything,鈥 Lutu said.
Records In A 鈥楤urn Pile鈥
The prosecution called several other officers throughout the day, including current and former members of the Criminal Intelligence Unit.
Among them was David Chang, who said that he was assigned to the CIU in January 2018 when the FBI asked him to search for any records related to the mailbox investigation that focused on Puana.
Chang testified that he found those records in a 鈥渂urn pile鈥 within the CIU offices. The burn pile consisted of聽 boxes of documents that HPD wanted to destroy securely.
Among the documents Chang discovered were vehicle reports that were run on Puana on June 22, 2013, one day after the alleged mailbox theft and seven days before Katherine Kealoha officially identified him as the suspect.
Two other officers who were members of the CIU, Landon Tafaoa and Sean Asato, testified about doing 24-hour surveillance on Puana from almost immediately after the Kealohas鈥 mailbox was allegedly stolen to when he was arrested.
Tafaoa said the officers didn鈥檛 have constant eyes on Puana, but that he appeared to be 鈥渃onducting himself like a regular citizen.鈥
鈥淒id you ever see him commit any crime?鈥 Wheat asked.
鈥淣o, sir,鈥 Tafaoa responded.
鈥淒id you ever hear from anyone else that he committed a crime?鈥 Wheat asked.
鈥淣o, sir.鈥
Tafaoa said that Puana eventually figured out that he was being followed and called 911 to make a 鈥渟uspicious activity鈥 report. Puana even pointed his camera phone at Tafaoa when he was trying to conduct surreptitious surveillance.
Asato testified about CIU鈥檚 practice of not writing police reports. He said most information was communicated via word of mouth and that anything that was written usually went into a database.
Wheat asked if that database contained any reference to Puana, given the amount of CIU resources assigned to tailing him.
Asato told him no.
鈥淲hy is everything verbal?鈥 Wheat asked.
鈥淭hat鈥檚 just how we did it at the time,鈥 Asato said.
The trial is scheduled to resume Tuesday after the Memorial Day weekend.
Civil Beat reporter Yoohyun Jung contributed to this story.
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About the Author
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Nick Grube is a reporter for Civil Beat. You can reach him by email at nick@civilbeat.org or follow him on Twitter at . You can also reach him by phone at 808-377-0246.