Posted on: Saturday, November 3, 2001
The September 11th attack
FBI shifts some duties to Honolulu police
By Brandon Masuoka and David Waite
Advertiser Staff Writers
Because of the increased workload since the Sept. 11 terrorist attacks, the FBI will limit its bank robbery investigations on O'ahu and give the Honolulu police more responsibility in the investigation of bank heists.
The move is believed to be one of the first changes here made by federal law enforcement officials because of the terrorist attacks.
The FBI and Honolulu police have jurisdiction to investigate bank robberies and arrest suspects. For years, federal law enforcement officials have taken the lead in bank holdup cases, and suspects for the most part have been prosecuted in federal courts, which provide more latitude to the prosecution in criminal cases.
For example, most suspects arrested in connection with O'ahu's 26 bank robberies this year were charged in federal court.
But in the past week, Honolulu police have taken the lead in bank holdups.
On Monday, Honolulu police investigated a Wahiawa bank robbery. Officers arrested a man, but he was released without charges pending further investigation.
On Wednesday, police investigated a La'ie bank holdup in which a woman claimed she had a bomb. It turned out to be fake.
The FBI says it wants to review each robbery on a case-by-case basis, transferring the majority of the suspected Honolulu bank robbers to state court. But the bureau also vowed to work with the Honolulu Police Department on serious cases.
"We will be available any time the Honolulu Police Department requests our assistance in bank robberies," said Daniel R. Dzwilewski, special agent in charge of the FBI's Honolulu office.
"The FBI will continue to respond to bank robberies as our resources permit," said FBI spokeswoman Pam McCullough. "We will continue to coordinate bank robbery investigations and prosecutions of the subjects with HPD. We want to do what's in the best interest of the community, and we will work with HPD to do that."
A high-ranking Honolulu police official said police will monitor the situation.
"The department will be watching this to see if bank robberies will increase," said Assistant Chief Henry Lau. "We will monitor it. ... Right now we're handling all bank robberies and conferring with city prosecutors."
Lau said the department will meet with the FBI and other officials to discuss what cases will be transferred to the FBI and federal court system. He said it's likely the FBI may want to handle certain bank robbery cases, and may have certain conditions and criteria in mind.
He could not say what those conditions were, but it's believed the FBI would handle major bank robberies that involved shootings, Mainland-style bank takeovers and serial bank robbers.
Lau said the department appreciated the federal prosecution of bank robbers. "Punishment is swift in any federal crime," he said. "It's swift and sure."
City and federal prosecutors yesterday said they are sorting out who will prosecute the suspects.
City Prosecutor Peter Carlisle said his office has yet to be notified by federal officials that they are shifting the bulk of the investigation and prosecution responsibilities to the police and his office. After briefly discussing the issue with federal prosecutors on Thursday, Carlisle said much depends on the desires of the yet-to-be named U.S. attorney for the Hawai'i District.
Assistant U.S. Attorney Ed Kubo has been nominated by President Bush. Kubo's appointment as U.S. attorney is pending before the U.S. Senate.
Under Hawai'i law, bank robbery is a felony punishable by up to 20 years in prison. If a semiautomatic weapon is used, the convicted robber must serve at least 15 years before being eligible for parole. Under federal guidelines, a bank robbery carries a maximum penalty of 20 years in prison. But unlike the state system, the federal prison system has abolished parole.
In recent years, part of the decision of whether the state or federal government prosecutes a bank robber depends on "who has the bigger hammer," Carlisle said.
For example, one of the men accused of robbing the American Savings Kahala Branch in July 1999 was tried in state court and convicted of attempted first-degree murder because he fired an automatic weapon at a police officer. The conviction mandated a life term without parole, one of the rare state sentences that don't carry parole.
It may appear that accused bank robbers tried in the federal system are tried quicker, have less chance of being released before being formally charged or brought to trial, and receive stiffer sentences Carlisle said.
"That's because the federal system has more liberty to pick and choose which criminal cases it wants to pursue, while in our case, if the crime happens in Hawai'i, we have to take it," Carlisle said.
Acting U.S. Attorney Elliot Enoki said bank robbery cases may still wind up in federal court even though they are investigated on the state level. He said his office is conferring with Carlisle to determine how the work will be distributed.
"We have drug crimes that are investigated primarily by local police departments that wind up in federal court. We have drug crimes that are investigated by federal agencies that wind up in state courts," Enoki said. "Bank robbery is no different in that it's a crime that violates both state and federal law. So the prosecutors will determine under what circumstances they go to which side of the street."
Advertiser staff writer Curtis Lum contributed to this report.
