Deputy Prosecutor Katherine Kealoha gave a favorable plea deal to a woman charged with distributing cocaine near schools and public parks while both were being represented by the same lawyer, according to recently unsealed state court records.
The unsealed records pertain to Tiffany Masunaga, who, along with former Honolulu police officer Alan Ahn, was indicted in 2015 on multiple counts of drug promotion involving prescription drugs, marijuana and cocaine.
Ahn pleaded no contest in January 2017 to all of the charges against him and was later sentenced to probation. Masunaga pleaded no contest in September 2016 to reduced charges as part of a cooperation agreement.
State Circuit Judge Rom Trader had the records of Masunaga’s cooperation agreement and change-of-plea hearing, including the hearing notice, sealed because according to his sealing order, “the court has been advised that the September 9, 2016 proceedings relate not only to this case, but also may relate to potentially one or more ongoing investigations.”
It was Kealoha’s then-subordinate, now- First Deputy Chasid Sapolu, who asked Trader to seal the records.
The cooperation agreement, signed by city Prosecutor Keith Kaneshiro, reduced Masunaga’s charges in the drug case and promised her full immunity in any other criminal matter she discloses.
Masunaga had been facing a
20-year sentence for one of the charges and maximum 10-year terms for four others. The reduced charges carry maximum five-year prison sentences, which gives her the opportunity to have the convictions expunged.
Kealoha presented the case to the Oahu grand jury that indicted Masunaga and Ahn in August 2015. At the time she negotiated Masunaga’s cooperation agreement, both women were being represented by Honolulu defense lawyer Myles Breiner. Kealoha negotiated the Masunaga deal with Breiner.
Breiner was Masunaga’s lawyer in the drug case and represented Kealoha and her husband, then-Honolulu Police Chief Louis Kealoha, as federal prosecutors were making their case against the Kealohas in front of a federal grand jury. The grand jury later returned an indictment charging the Kealohas and four former members of the Honolulu Police Department’s elite Criminal Intelligence Unit on conspiracy, obstruction and other charges.
Among the documents Trader sealed are conflict-of-interest waivers signed by Masunaga and Katherine Kealoha.
The Hawaii Supreme Court ordered Trader to unseal the records in a June 5 opinion but allowed the state a 10-day window to ask for a hearing to present additional information justifying keeping the records sealed. Kaneshiro’s office made no request. Trader unsealed the documents Friday.
Masunaga is not yet scheduled for sentencing. Her current lawyer in the drug case, William Harrison, said the only matter prosecutors asked of Masunaga relates to an investigation of speeding tickets.
Kaneshiro convened a state special investigative grand jury in November 2016 after announcing that his office was investigating whether police officers were writing fake or “ghost” tickets in order to collect overtime when they go to court to testify. The special grand jury has not met in over than a year.
Kaneshiro declined to comment on the unsealed documents. His office said the department does not discuss pending cases.
Breiner said he is unable to comment because of prohibitions against disclosing privileged communications between an attorney and his client.
