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The Hawaii Supreme Court has refused to consider an appeal by Kamehameha Schools that asked to keep the courtroom closed during testimony by two Kapalama campus security guards.
The high court filed its response to the appeal Wednesday.
State Circuit Judge Rom Trader ruled in April that he will keep his courtroom open when the two security guards testify in the criminal invasion of privacy case of former Kapalama speech teacher and debate team coach Gabriel Alisna.
Alisna is charged with violating the privacy of students who went to his off-campus faculty housing apartment. The state says Alisna used a miniature spy camera to record students using his shower.
Alisna’s lawyer wants to question the guards, who searched and removed items from Alisna’s apartment during Kamehameha Schools’ own investigation. School officials later turned over items taken from the apartment, including a miniature spy camera and memory card, to police to investigate and prosecute Alisna.
Kamehameha Schools officials had asked Trader to close the courtroom while Alisna’s lawyer questions the guards. They claim the guards were acting at the direction of school lawyers and that anything they discussed is privileged attorney-client communication.
School officials say they are considering their options.
