The criminal defense attorney hired by the Honolulu police chief and his prosecutor wife said he expects a federal grand jury to return indictments in the ongoing investigation surrounding possible wrongdoing within the Honolulu Police Department.
But Myles Breiner, who was retained by Police Chief Louis Kealoha and his wife, Katherine Kealoha, a deputy prosecutor for the city, stopped short of saying he expects his clients to be indicted.
He said the special prosecutor for the U.S. Attorney’s Office is looking at more than just the Kealohas, and a dozen or more police officers thus far have been subpoenaed to testify before the grand jury.
Given the resources that have been devoted to the monthslong investigation, “my sense is the special prosecutor is not going to leave town without an indictment,” Breiner said. “They’re simply not going to spend that kind of money” and not get an indictment.
The investigation is being headed by Michael Wheat, a federal prosecutor from San Diego. In the grand jury process, prosecutors present evidence to jury members, who decide whether the material is sufficient to warrant criminal charges. But the suspects are not there to defend themselves.
Breiner told the Honolulu Star-Advertiser on Thursday that the Kealohas hired him because they were concerned that they were targets of an unfair investigation, have been pilloried by leaks to the media from what is supposed to be a secret process and have not been given the opportunity to address any allegations.
“They feel they’ve been convicted in the media,” Breiner said. “And as far as I’m concerned and they’re concerned, they have done nothing wrong.”
Mayor Kirk Caldwell told reporters Thursday that he was confident the Honolulu Police Commission will “take immediate, strong, forceful and appropriate action” if any indictments are handed down.
Caldwell said he would be concerned if evidence indicated that HPD was not being well managed. But he said Honolulu continues to rank as one of the safest big cities in the country, and “I think that speaks to the management of the department at all levels.”
Asked whether he thought Kealoha should step aside at least temporarily given the distraction of the ongoing investigation, Caldwell said, “I think you’ve got to ask the chief that question.”
Breiner said Kealoha should “absolutely not” step down, even if he’s indicted, because the indictment subsequently could be dismissed. “He’s entitled to his day in court, just like anyone else.”
Breiner said he has spoken to attorneys representing some of the officers who have been called before the grand jury, including several who invoked their right to remain silent.
Officers who invoked that right subsequently had family members subpoenaed, according to Breiner, who interpreted the tactic as a way for prosecutors to try to pressure officers into testifying.
As a criminal defense attorney, Breiner has represented clients who have sued the police department.
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Star-Advertiser reporter Gordon Y.K. Pang contributed to this report.