Honolulu Police Commission Chairman Ron Taketa said Wednesday that the commission can suspend Honolulu Police Chief Louis Kealoha if he is indicted after a federal grand jury investigation into alleged corruption.
His comments came after a regular Police Commission hearing where Kealoha told the commission behind closed doors that he does not expect to be indicted.
A federal grand jury is investigating possible corruption or wrongdoing involving Kealoha, his wife, Deputy Prosecutor Katherine Kealoha, and other law enforcement officers, said the Kealohas’ attorney, Myles Breiner.
Grand jury proceedings are secret, and federal prosecutors are conducting a broad investigation without clear boundaries, and he doesn’t know who might be indicted, Breiner said.
First Assistant Federal Public Defender Alexander Silvert has linked the grand jury investigation to a federal case involving the alleged theft of the Kealohas’ mailbox. That case was dropped by the U.S. Attorney’s Office in 2014 and handed over to the FBI for investigation of obstruction by officers.
Taketa said the City Charter says the commission can hire and fire the chief, but remains silent on whether the commission can suspend the chief.
He said because the commission can fire the chief, it also has the authority to impose lesser forms of discipline besides discharge.
In March, however, the Charter Commission passed a rough version of a proposed Charter amendment clearly stating that the commission has the power to suspend the chief. A final version of the amendment will appear before voters in the general election in November.
Taketa said the proposal just clarifies the commission’s powers. He said if Kealoha were indicted, he would not be automatically suspended, but the commission would take action against the chief if evidence of wrongdoing were discovered.
“It would depend on what kind of evidence comes forth from the grand jury proceeding,” he said. “We have all the options, we just don’t know what the appropriate measure is right now because we have no evidence to base it on.”
Taketa acknowledged that the grand jury investigation has been a distraction, but added that the police department continues to function well.
Breiner said Kealoha continues to receive support from the mayor, the Police Commission and the community. Police officers testifying against Breiner’s other clients, who are suspects in unrelated cases, also tell him they support the chief, he said.
“I’m getting a lot of positive reaction from the community about representing the chief and his wife,” he said.
He said pressure is being put on the Kealohas by someone leaking stories to the media about the secret grand jury proceedings.
“What are the allegations against the chief?” he asked. “There are none. All you have is innuendo.”
“He’s being tried and pilloried in the public without the benefit of knowing what he’s accused of and by whom,” he said.
