Short of being fired, police disciplined for misconduct are the only county and state workers in Hawaii whose names under state law cannot be released publicly.
The names of any other disciplined employees are considered public.
Why should police get special treatment?
In testimony to the state Legislature, the police union has opposed measures to bring more transparency to the process.
Tenari Ma‘afala, president of the State of Hawaii Organization of Police Officers, told legislators in written testimony last year that releasing the names of suspended officers “may have a chilling effect on the extent of action taken by officers who often have to make split-second decisions. It impacts not only the officers but their families, too. Though other employees are subject to release of their names for suspensions, rarely if ever does that happen because of the level of newsworthiness.”
Ma‘afala did not respond to several requests for comment by the Star-Advertiser’s deadline.
National experts on police accountability say transparency levels vary widely around the country, but many jurisdictions consider the names of disciplined officers public.
“You don’t have as much transparency as other states,” Maria Haberfeld, police sciences professor at John Jay College of Criminal Justice in New York, said of Hawaii. “When you don’t have transparency, you have less accountability.”
Honolulu Police Department officials say they have no choice but to follow the law.
“Whether we agree with it or not, there are times we would like to share more information than we can,” said Assistant Chief William Axt, who heads HPD’s administrative bureau. “We realize it probably gives the impression that we’re protecting our officers, but we’re not. What we’re doing is following the law.”
The secretive system has been challenged by Peer News, which operates the Honolulu Civil Beat news website. In a June decision in the Peer News case, the Hawaii Supreme Court opened the door to the possibility of more sunshine.
The justices ruled that the privacy interests of disciplined officers must be weighed against the public interest when determining whether names and misconduct details can be released. The high court remanded the case to a lower one to make that determination in records being sought by Civil Beat.
Currently, the only information made public is in annual discipline reports that police departments are required to submit to the Legislature. HPD’s reports have barely any details — and no names.
State Sen. Will Espero, who has unsuccessfully pushed for the Legislature to make the process more transparent, plans to keep trying. “The public has a right to know who these officers are, especially if they’re still on the force.”
Asked if there were any good reasons the names should remain confidential, Espero said, “I can’t think of one.”
CROSSING THE LINE
Here are examples of officers who were convicted of, or pleaded guilty or no contest to, criminal offenses for conduct that occurred when they still were with HPD:
Carlton Nishimura
Carlton Nishimura was accused of extorting money from the operator of an illegal gambling house and trying to cover it up. The former major eventually pleaded guilty to lying to the FBI and filing a false tax return. Charges of extortion conspiracy, witness tampering and other alleged crimes were dropped as part of a 2013 plea deal. Nishimura, who retired from HPD, initially was investigated by his own agency. But after that went nowhere, the FBI took over and, with new information, obtained a conviction in federal court. Nishimura in 2013 was sentenced to eight months in prison.
Dave Furtado
Dave Furtado received a second chance. In 2012, a state judge, over objections of prosecutors, granted the former HPD officer’s request to defer his guilty and no-contest pleas to multiple felony charges, including identity theft and forgery. Furtado was given five years to stay out of trouble. If he does that, the charges are expected to be dismissed. Furtado admitted to using the names and Social Security numbers of two other officers and forging their signatures to get special-duty work. He left the force after police became aware of the offenses. Furtado told the court he knew what he did was wrong but thought it wasn’t criminal.
Danson Cappo
Despite a history of abuse, Danson Cappo also received a second chance. A state judge in 2015 granted Cappo’s request to defer his no-contest plea to charges of assault, theft and criminal property damage. The charges stemmed from a 2014 nightclub incident in which Cappo, then an HPD officer, choked a man until the victim was unconscious. Cappo then assaulted his ex-girlfriend, according to prosecutors, who opposed the deferral. The deferral was granted even though the court in 2014 issued a five-year protective order against Cappo because of abuse. In the criminal case, Cappo has to stay out of trouble until 2019 to avoid a conviction. Facing termination, he resigned from HPD.
FORCED OFF THE FORCE
Twenty-one Honolulu Police Department officers have been discharged or have retired or resigned in the face of termination since 2010. Here are the cases by year:
2016
>> Landon Rudolfo: Sentenced in July to three months in jail and three months of home confinement for knowingly buying and selling a stolen vehicle
>> Rodney Tsunezumi: Pleaded guilty to extorting money from bar owner
2015
>> Kramer Aoki: Indicted for third-degree sex assault but charge later dismissed
>> Chad Hironaka: Retaliated against another officer by making detrimental statements, breaching confidentiality of HPD sexual harassment policy, and made inappropriate sexual comments to a subordinate
>> Anson Kimura: Pleaded guilty to second-degree assault for accidental shooting of bartender
2014
>> Danson Cappo: Granted deferred no-contest plea to charges related to nightclub assault
>> Moana Higa: Various offenses, including absent without leave from work on multiple occasions
>> Vincent Morre: Caught on videotape assaulting game room patrons
>> Christopher Reid: NA*
>> Elario Tehada: Assisted in illegal gambling operations, concealed and attempted to dispose of illegal gambling documents, failed to enforce criminal laws
>> Nelson Tamayori: Prosecuted for failure to report game room assault by fellow officer
>> Colin Wong: Found guilty of drunken driving
2013
>> Howard Kim: NA*
2012
>> Ethan Ferguson: Transported juvenile female runaway without authorization, falsified records
>> Cheyanne Garcia: Granted deferred no-contest plea related to insurance fraud
2011
>> James Easley: City panel finds rules violations for allegedly having sex with female complainant in domestic argument case
>> Boyd Kamikawa: Convicted for driving drunk with revoked license, hitting pedestrian
>> John Rapozo: Granted deferred no contest plea for shoplifting
>> Michael Tarmoun: Fled state after convicted of sex assault of prostitute
2010
>> Dale Sandahl: NA*
>> Shayne Souza: Pleaded guilty in Las Vegas to obstructing public officer
* NA: Information not available from HPD
Source: HPD, court records, media reports