A federal judge says the lawyer representing Honolulu Police Chief Louis Kealoha against possible federal criminal charges cannot also represent two people suing the city and three former police officers.
U.S. District Judge
Derrick K. Watson issued an order Wednesday disqualifying Myles Breiner from a federal civil case involving two illegal game house patrons who were assaulted by an on-duty police officer.
Francisco Franson and Jordon Topinio are suing the city, former police officers Vincent Morre and Nelson Tamayori, and former reserve officer Joseph Becera.
Morre pleaded guilty to assaulting Franson and Topinio and is serving a 30-month federal prison term in a low-security federal correctional facility in California. Tamayori and Becera pleaded guilty to failing to report the assault and were sentenced in October 2015 to two years of probation. Tamayori was discharged from probation on Tuesday, nine months early.
When Breiner filed the civil lawsuit on behalf of Franson and Topinio in U.S. District Court in March last year, he also listed Kealoha as a defendant. Two months later, Breiner sent a letter to the federal prosecutor and publicly announced that he is representing Kealoha and the chief’s wife, Katherine, against any criminal charges that may result from an ongoing federal investigation into possible wrongdoing at the Honolulu Police Department and the City Department of Prosecuting Attorney. Katherine Kealoha is a deputy city prosecutor.
In August the judge in another federal civil case in which Breiner is representing a husband and wife who are suing the city and Louis Kealoha ordered Breiner to explain how he is not in a conflict of interest by representing the couple as well as Kealoha. Seventeen days later, Breiner filed an amended lawsuit on behalf of Franson and Topinio removing Kealoha as a defendant. He also said all of his clients signed conflict-of-interest waivers allowing him to represent them.
In a hearing last month on the Franson-Topinio case, Breiner told Watson he removed Kealoha from the case because he realized after filing the original lawsuit that he could not prove the claims against Kealoha, and as a result the case is much stronger. He also said he does not represent the Kealohas because his agreement with them takes effect only if they are indicted.
Watson says in his order that Breiner’s conflict of interest in the Franson-Topinio case cannot be waived, and that his divided loyalties already may have affected the case.
Breiner says his loyalties to all of his clients are not divided.
“This was politically motivated by (city lawyers) and will not stop my pursuit of justice for my clients,” he said.
