With a handful of words, U.S. District Court Judge J. Michael Seabright informed the jury in the criminal conspiracy trial of Louis and Katherine Kealoha that their long days of listening to testimony are nearly over.

鈥淥K, so that鈥檚 the entire case for the defense,鈥 the judge said.

On Wednesday, jurors heard from the last few witnesses called to testify on behalf of the Kealohas and their three co-defendants, Honolulu police officers Derek Hahn, Minh-Hung 鈥淏obby鈥 Nguyen and Gordon Shiraishi.

They did not hear from any of the defendants themselves, ending speculation that Katherine Kealoha might testify in her own defense.

In all, there were less than three days of testimony from defense witnesses, a stark contrast to 12 days of witnesses called by the prosecution.

Katherine Kealoha, who decided not to testify, with her attorneys Earle Partington and Cynthia Kagiwada on Wednesday. Dannah Mari Hidalgo

The Kealohas are accused of framing Katherine鈥檚 uncle, Gerard Puana, for the June 21, 2013, theft of their mailbox with the help of Hahn, Nguyen and Shiraishi.

The motive behind the scheme, according to the government, was to undermine Puana and his mother, Florence, in a lawsuit they had filed against Katherine Kealoha several months before that accused her of financial fraud and elder abuse.

At the time, Louis Kealoha was Honolulu鈥檚 police chief and his wife a top-ranking city prosecutor.

The last two defendants to present their case Wednesday were Hahn and Shiraishi.

At the time of the mailbox theft, Hahn was a lieutenant in HPD鈥檚 Criminal Intelligence Unit. Shiraishi, a captain, was his boss.

Hahn’s Whereabouts Scrutinized

Hahn鈥檚 attorney, Birney Bervar, focused much of his client鈥檚 defense on where he was on June 22, 2013, the day after the mailbox was stolen.

Earlier in the trial prosecutors had called an FBI analyst to show that Hahn鈥檚 cell phone was pinging a tower near Gerard Puana鈥檚 home the evening of June 21 before the alleged crime took place.

That expert also showed that Hahn鈥檚 cell phone was being used in the vicinity of the Kealohas鈥 home the morning of June 22, many hours before Katherine Kealoha called 911 to report her mailbox was stolen.

Derek Hahn arrives at District Court with Attorney Birney Bervar.
Derek Hahn, left, arrives at District Court with his attorney, Birney Bervar, who called several witnesses to the stand Wednesday. Cory Lum/Civil Beat

Bervar called several witnesses to give jurors a simple explanation 鈥 Hahn was working his side job selling solar panels.

The first witness was Scott Clough, an electrical contractor, who had hired Hahn to help sell solar equipment in 2012 and 2013.聽Clough said that in 2013 alone, Hahn earned more than $200,000 through his company, which would equate to at least $1 million in sales.

Clough testified that when Hahn was working on new bids and proposals, he would visit homes throughout Oahu and send emails with photos of the potential job sites.

During cross-examination, Assistant U.S. Attorney Colin McDonald questioned Clough about his work installing a solar system on the Kealohas鈥 home in January 2013.

Clough said Hahn asked him to do the work at cost as a favor, which he agreed to do. Instead of paying $45,000 for the system the Kealohas spent $25,000.

鈥淲hy did you agree to do that?鈥 McDonald asked.

鈥淲hy wouldn鈥檛 I want to do that,鈥 Clough said. 鈥淭here鈥檚 no reason not to. It鈥檚 at cost.鈥

He said he wasn鈥檛 losing any money on the deal and that he believed based on what Hahn told him that it would lead to a bigger job in the future, although he was vague about what new work would come from helping the Kealohas.

鈥淗e never disclosed who it was going to be or what it was going to be,鈥 Clough said of his discussions with Hahn. 鈥淗e just said later on that there was going to be a bigger and better job.鈥

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McDonald also asked Clough about emails he received from Hahn on June 24, 2013, that indicated he had been doing work in the Kealohas鈥 neighborhood the morning of June 22 when FBI cell phone records showed he was in the area.

Clough said it was common for Hahn to send him photos of potential job sites when he was working on a bid proposal for a new solar project, but in this particular case, Clough said he could find no record of working on such a proposal.

鈥淵ou don鈥檛 know why Derek Hahn sent you those emails on Monday, June 24?鈥 McDonald asked.

鈥淣o, I do not,鈥 Clough said.

A Close Look At Metadata

Berver鈥檚 next witness, Neil Broom, a computer forensics expert, testified about metadata contained in the photos Hahn had emailed Clough.

Broom said that based on his analysis of the emailed images the photos were taken from 8 a.m. to 8:30 a.m. on June 22.

During cross-examination, Assistant U.S. Attorney Joseph Orabona, noted the photos were taken with an iPhone 4s and that Broom had not actually inspected the phone itself when conducting his analysis.

Orabona showed Broom how it was possible to change the date and time stamps in the metadata simply by manipulating the settings, something Broom readily acknowledged.

Orabona also pointed out that the emailed photos Broom reviewed did not include GPS coordinates, another feature that can be turned off in the iPhone settings.

Bervar pushed back on the prosecution鈥檚 insinuations.

鈥淒id you find any evidence of fraud or tampering with this case?鈥 he asked Broom.

鈥淣o, sir,鈥 Broom said.

Rebuttal Witnesses

Shiraishi鈥檚 defense was much simpler.

His lawyer, Lars Isaacson, called a single witness to testify about the fact that captains in the CIU did not have to sign daily attendance sheets. After that he put his defense to rest.

Gordon Shiraishi arrives at District Court for the Kealoha Trial.
Defendant Gordon Shiraishi arrives at District Court. Cory Lum/Civil Beat

The case is far from over.

Assistant U.S. Attorney Michael Wheat told Judge J. Michael Seabright that he plans to call a handful of rebuttal witnesses Thursday morning, but that he doesn鈥檛 expect the questioning to go beyond 10 a.m.

After prosecutors finish with their rebuttal witnesses Thursday, Seabright said he plans to take the next several days preparing jury instructions.

He said he expects closing arguments to begin Tuesday.

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