Katherine Kealoha’s 99-year-old grandmother — recovering from one surgery and in need of another — will give her testimony one month ahead of a conspiracy and obstruction trial for her granddaughter and grandson-in-law, retired Honolulu Police Chief Louis Kealoha, and three former police officers.
U.S. District Chief Judge J. Michael Seabright on Friday granted a motion by prosecutors worried that Florence Puana may not be healthy enough to testify in the May 15 trial.
Puana, described as a key witness for a prosecution team that will try to prove the Kealohas defrauded banks and relatives, recently underwent a medical procedure, after which she was hospitalized for nearly two weeks.
She was scheduled to be discharged Friday, but another procedure needs to be scheduled within two weeks, said Honolulu attorney Eric Seitz, who is representing Puana as a liaison for the U.S. District Attorney’s Office.
Seabright scheduled the disposition for 9 a.m. April 15 at a location to be determined — possibly in an unused courtroom at Kaneohe District Court closer to Puana’s home.
Puana’s testimony will be viewed by the jury trial only if she is unable to appear in court.
In granting the motion, Seabright overruled arguments from the lawyer for a co-defendant, officer Minh-Hung “Bobby” Nguyen. Randall Hironaka said prosecutors failed to provide details for “exceptional circumstances” required to justify the deposition.
But Seabright said there are exceptional circumstances as Puana is facing back-to-back medical procedures and they come at the advanced age of 99.
“Let’s face it, not a lot of people have reached that milestone, but she has,” he said.
None of the other defendants objected to the motion.
Seabright, citing previous case law, also ruled that the disposition would be closed to the public. During a discussion regarding the closure, the judge hinted that the publicity from an open and early disposition might have an impact on jury selection.
Letter unsealed
In related news, the court Thursday unsealed a letter from the psychiatrist who examined Katherine Kealoha in November and found her mentally competent to stand trial.
Much of the letter from Dr. Sheila Wendler is redacted.
According to the letter, Wendler said Katherine Kealoha told her she is looking forward to trial in order to clear her name. The defendant said the stress she has been suffering because of her legal case is taking a significant toll on her health and that she would like to address her medical conditions before dealing with her legal case.
Kealoha has been granted a number of delays for medical issues, the latest after she was diagnosed with an undisclosed form of cancer and had begun treatment.
The Kealohas, along with three former members of the Honolulu Police Department’s Criminal Intelligence Unit, are accused of framing Katherine Kealoha’s uncle for stealing the couple’s home mailbox in a move to discredit him in a family dispute over money.
The Kealohas abused their authority and used police resources, prosecutors argue. The financial dispute revolved around a reverse mortgage on the grandmother’s home, and prosecutors allege the Kealohas spent the money meant for the reverse mortgage on personal expenses to support their lavish lifestyle.
