‘Why Us?’ Homicide Detective Wondered As He Was Assigned To Mailbox Case
Testifying during Day 2 of the Kealoha trial, Dru Akagi said he thought it was a “conflict” to take on a theft case in which his boss the police chief was an alleged victim.
Honolulu homicide detectives Dru Akagi and Greg McCormick received a surprising assignment on a June day six years ago: investigate the theft of the police chief鈥檚 mailbox.
For Akagi, the first thought that came to mind was, 鈥淲hy us?鈥
Akagi was called to U.S. District Court on Thursday to testify in the criminal trial of Louis and Katherine Kealoha, who are accused along with three HPD officers of framing Gerard Puana for the theft of the mailbox on June 21, 2013.
At the time, Louis Kealoha was Honolulu鈥檚 police chief and his wife, Katherine, was a city prosecutor.
Attorneys for the U.S. Justice Department say the Kealohas wanted to frame Puana, Katherine’s uncle, because a lawsuit he and his mother filed against her had the potential of uncovering a series of financial crimes that paid for a lavish lifestyle that went beyond their public servant means.
Akagi was accompanied to the courtroom Thursday by his attorney, Michael Green, who sat in the audience during much his client’s testimony.
Assistant U.S. Attorney Colin McDonald questioned Akagi about his reaction to being told to investigate the theft of the chief鈥檚 mailbox.
鈥淒id you identify any potential problems with investigating this particular case?鈥 McDonald asked.
鈥淚 did see it as a conflict with it being the chief鈥檚 mailbox,鈥 Akagi responded.
鈥淎nd why was that a conflict?鈥 McDonald questioned.
鈥淲e would be the investigative body for doing the chief鈥檚 investigation,鈥 Akagi said. He said he worried if HPD and its officers could be considered 鈥渋mpartial.鈥
‘She Viewed It Once And Said That鈥檚 My Uncle’
Akagi said the first day he got the assignment his boss, Lt. Walter Calistro, told him to talk to Derek Hahn, who is one of the co-defendants in the case.
At the time, Hahn was a lieutenant in the Criminal Intelligence Unit, a secretive division of officers trained to do surveillance who are hand-picked by the chief.
Akagi said Hahn told him Puana was a person of interest in the case in part because the chief was having 鈥減roblems鈥 with his wife鈥檚 uncle.
Akagi testified about CIU鈥檚 heavy involvement in the case, from giving him clips of surveillance footage showing the theft to asking him to investigate a supposed break-in at the Kealohas鈥 home during which someone smashed the tail light of one of their cars.
The Kealohas tried to blame Puana for the smashed tail light, but Akagi said he found no evidence Puana was the culprit.
Prosecutors have argued that this alleged burglary was another attempted frame job.
Akagi said he was unable to identify Gerard Puana in the surveillance video, which he described as 鈥済rainy and average鈥 in quality.
Instead he said he relied on statements from Officer Minh-Hung 鈥淏obby鈥 Nguyen of the CIU and Katherine Kealoha to make the positive identification.
Nguyen, another co-defendant in the case, was once married to Kealoha鈥檚 niece. He used to live on the Kealohas鈥 property in Kahala and was heavily involved in both the mailbox and burglary investigations.
Akagi said Katherine Kealoha identified her uncle in an instant when she viewed the surveillance video in front of him at HPD headquarters.
鈥淪he viewed it once and said that鈥檚 my uncle,鈥 Akagi said.
鈥淒id she give you any reasons why that was her uncle?鈥 McDonald asked.
鈥淣辞.鈥
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Akagi said he had no reason not to believe Kealoha when she said the man in the surveillance video was her uncle.
He also made it clear that he planned to pass the case along to the U.S. Postal Service inspector when he was done with his investigation because he believed from the beginning it was a federal case and not anything he or his partner should be involved in.
It was the postal inspector who ultimately pursued criminal charges against Puana at the urging of the local U.S. Attorney鈥檚 Office.
That case was ultimately dismissed after a mistrial and concerns were raised that Puana was the victim of a frame job.
When defense attorneys questioned Akagi they pressed him about the investigation and whether it was completely out of the ordinary for the CIU to be involved given the fact the chief and his wife, a high-ranking city prosecutor, were the alleged victims.
They also asked if anyone tried to stop Akagi from reporting his findings to the postal inspector, to which he said, 鈥渘o.鈥
鈥淒id you cover up for anyone or protect anyone during your investigation?鈥 Louis Kealoha鈥檚 lawyer, Rustam Barbee, asked.
鈥淣o,鈥 Akagi said.
鈥淣o supervisor told you to do this or do that?鈥 Barbee said.
鈥淣辞.鈥
‘No Doubt’ It Wasn’t Puana In Video
Akagi wasn鈥檛 the only witness called Thursday who said they didn鈥檛 recognize the man in the surveillance video.
Gerard Puana鈥檚 sister, Charlotte Malott, said she had 鈥渘o doubt鈥 the man in the video was not her brother.
For one, she said the man taking the Kealohas’ mailbox looked younger and more athletic than her 50-something sibling.
But what also stuck out was the fact that the man was wearing a baseball hat at night. That just wasn鈥檛 something Puana did, she said.
鈥淕erard has used a hat, but it鈥檚 generally when it鈥檚 sunny outside,鈥 Malott said. 鈥淗e really liked his hair so that wasn鈥檛 something that he wore frequently.鈥
Malott also testified about a 2011 incident in which Puana went to jail after an argument with a neighbor over parking. She said her niece, Katherine Kealoha, told her not to visit her brother or talk to him.
Puana ultimately spent more than 60 days behind bars until Molette said she went to bail him out.
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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.