A federal court judge wants the city to pay back the U.S. government for the court-appointed legal fees accrued by former Honolulu Police Chief Louis Kealoha on conspiracy and obstruction charges.
U.S. District Judge J. Michael Seabright held a hearing Friday after the Honolulu Police Commission voted Wednesday to provide legal counsel to Kealoha in the mailbox theft case. The commission rejected paying fees for a second case against Kealoha involving bank, identity and mail fraud charges.
Citing a lack of money, Kealoha and his wife, Katherine, a former deputy prosecutor, received taxpayer-funded lawyers in late 2017 on federal charges they conspired to and obstructed justice, lied to investigators and committed bank fraud and identity theft.
“What I want to make clear to everyone here, part of the (city funding) is going to include what we’ve already paid” for legal defense if that money can be collected retroactively, Seabright said.
The cost for the defense so far was not revealed. A trial is expected in May.
Seabright also received Louis Kealoha’s assurance that he intends to keep veteran defense attorney Rustam Barbee as his court-appointed attorney. The former police chief said he was “satisfied” with Barbee’s representation.
Traci Morita, deputy corporation council for the city, told Seabright it might take a month or so to get the Police Commission decision finalized on legal funding for Kealoha, and then a procurement process can begin with City Council approval and selection of an attorney.
Seabright said the city can go through whatever process it wants, but it can’t cause another delay by picking a new attorney. “This case has been going on since October of 2017,” he noted.
Kealoha wants Barbee as his lawyer, “so we need to find a way to keep Mr. Barbee,” Seabright said.
The discussion came with another of Kealoha’s attorneys — Kevin Sumida — present. Sumida on March 6 urged the Police Commission to use taxpayer money to pay for the lawyers representing Kealoha in the two federal criminal cases since the charges against Kealoha occurred when he was performing his duties as chief.
At Friday’s hearing, Sumida asked Seabright whether he had foreclosed the possibility of co-counsel for Kealoha.
“What standing do you have to ask me that question?” Seabright shot back. “Let me answer the question — none.”
The judge added that it was not Sumida’s choice, and that “if you understand the rules of ethics, you’d understand that.”
A legal expert said later that a defendant receiving a taxpayer-funded attorney can’t add the services of another attorney onto that.
