A state judge says he intends to close his courtroom to the public when two Kamehameha Schools employees testify in May in a case involving a teacher accused of using a spy camera to record students in the shower at his home.
Before making his decision final, Circuit Judge Rom Trader is giving the public an opportunity to object. That opportunity will come at 11:30 a.m. April 4 in Trader’s third-floor courtroom in the state First Circuit Court Kaahumanu Hale courthouse on Punchbowl Street.
The case involves former Kapalama campus speech teacher and debate team coach Gabriel Alisna, who is charged with violating the privacy of students who went to his off-campus faculty housing apartment. The state says Alisna, 41, used a miniature spy camera to record students using his shower. The clothes hook camera was mounted on the shower wall.
Kamehameha Schools officials alerted Honolulu police of the alleged crimes in March 2013 after they gathered evidence during their own investigation. The two employees scheduled to testify in May are the campus security captain and a security guard who conducted a search and seized items, including the camera and memory card, from Alisna’s apartment.
Trader described the amount of evidence school officials turned over to police as “scant” when compared with all of the material they collected during their investigation. He ordered the school to turn over to Alisna another 150 pages of documents that they did not give police.
School officials say the extra material is privileged attorney-client communication because they conducted the investigation at the direction of their lawyers. Trader agreed but said Alisna needs the material for his defense to get a fair trial. The officials turned over the documents after the Hawaii Supreme Court rejected their appeal of Trader’s order.
It was Kamehameha Schools that asked Trader to close the hearing involving the two security employees.
“We want to make sure that the attorney-client privilege is protected. We want to make sure that we took steps to protect the confidentiality of the material being discussed,” said Kamehameha Schools spokesman Kekoa Paulsen.
The prosecutor opposes closing the hearing. Alisna filed a statement of no objection.
Alisna’s lawyer Keith Shigetomi says he intends to use the material when questioning the security officials. Alisna claims they burglarized his apartment. He is asking Trader to throw out all the evidence collected from the apartment because the security officials didn’t have a search warrant and because the warrant that Honolulu police did have for a later search was based on evidence and information from the warrantless search.
Trader’s offer for public comment follows guidelines the Hawaii Supreme Court established for closing a courtroom or sealing a transcript. The Supreme Court established the guidelines in 2014 in response to petitions filed by the Honolulu Star-Advertiser and Hawaii News Now objecting to some closed hearings and sealed transcripts in the first murder trial of U.S. State Department Special Agent Christopher Deedy.
The guidelines require the judge to provide notice of his intention to close or seal, to hold a hearing allowing the public to object and to make specific on-the-record findings justifying the closure or sealing. Trader posted the notice last month in Alisna’s criminal file.
One person who wants to hear the security officials’ testimony is attorney Michael Green. He represents the students identified as victims of the invasion of privacy and their parents in mediation talks with Kamehameha Schools.
“We’re alleging that these security guards destroyed evidence at the direction of Kamehameha Schools personnel,” Green said.
Kamehameha Schools disputes the allegation.
“There was absolutely no destruction of evidence by KS employees in this case,” Paulsen said.