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The Honolulu Advertiser

Posted on: Wednesday, February 20, 2002

Police praised for work on case

 •  Jury finds Arakawa guilty
 •  Former officer had moved to Oregon for retirement
 •  Ambrose was in college, had sights on career in art
 •  What do you think of the verdict in the Clyde Arakawa case? Join our discussion

By Brandon Masuoka
Advertiser Staff Writer

The initial mishandling of the Clyde Arakawa investigation by the Honolulu Police Department resulted in the discipline of six police officers, but city prosecutor Peter Carlisle said yesterday that the department rebounded after those missteps to build a solid case that helped produce a manslaughter conviction.

The Arakawa case sparked a public uproar after Honolulu Police Chief Lee Donohue admitted on Oct. 11 that Arakawa — who was driving under the influence — received favorable treatment from fellow officers.

After the collision, the police union notified a lawyer, who appeared at the crash scene, and Arakawa was allowed to roam freely without being handcuffed or being put under supervision.

Donohue has disciplined six officers in the Arakawa case "ranging from lieutenant to motorman," said Tenari Ma'afala, president of the police union. Ma'afala said he based his information on "talk around the station and internally." He said he hasn't seen any documents on who was disciplined and no one disciplined has talked to him yet.

The discipline later sparked allegations by a defense lawyer, who said the department promoted officers who testified for the prosecution and disciplined officers who showed compassion to Arakawa.

Yesterday, Carlisle called the police investigation "critical" in helping prosecutors get the manslaughter verdict.

"The work by the police department ... without it we would have never secured this conviction," Carlisle said. "After a stumble, they picked themselves up and basically performed admirably. And frankly, this conviction was in large part due to the dedicated efforts of the officers who took up and ran with the ball after what had happened at the scene."

Carlisle said police helped prosecutors by being on call 24 hours a day, accompanying prosecutors to a scene and meeting tight deadlines. Carlisle said the fact that officers were disciplined in the Arakawa case did not affect the trial.

"I think what got a lot of attention about this case was it looked like special treatment," Carlisle said. "People aren't allowed to get special treatment in the eyes of the law."

Honolulu Police Commission Chairman Leonard Leong said the Arakawa case was investigated thoroughly and showed that the police department was willing to correct its mistakes and discipline officers accused of misconduct.

"The department admitted courtesies, but it also followed up with an investigation," Leong said. "I think the public should be happy the department admitted their mistakes and will also strive to correct mistakes."

Police union leader Ma'afala said the initial handling of the Arakawa case and ensuing discipline put the department in a "bad light," but he said the department did right by admitting mistakes.

"I'd rather see the department take a stand on what's right, rather than be accused of a coverup," he said. "I can guarantee the officers who were at the scene didn't do it purposely. But the bottom line is there should be no special treatment for fellow officers in cases."

Ma'afala said he hoped the Arakawa case would not tarnish the public's perception of the department.

"There's a handful of officers who get into trouble, but what about the other 2,000 officers working hard every day?" Ma'afala said.

During the trial, defense attorney Michael Ostendorp said officers testifying for the prosecution got promoted and those who showed compassion to Arakawa were disciplined. Ostendorp was referring to Sgts. David Talon and James Addison, both traffic investigators, who were promoted to lieutenants on Sunday and both of whom testified during the trial.

On Friday, Donohue defended the promotions, saying that the promotions were earned through a testing process, and not solely based on the way the officers handled the Arakawa case.

"Their promotions were not based on a one-time event," Donohue said. "Their promotions are based on testing for the positions and their merit that they demonstrated through the years. I think the attorney was way off base. It wasn't fair to the two officers that he alleges got promoted for their work in that one case. They handled many other cases."

Yesterday, Donohue did not grant interviews and issued a written statement on the verdict.

"This was a complex case with a lot of evidence and the testimony of many experts," Donohue said. "It must have been a difficult decision for the jury, but the verdict sends a clear message that this type of behavior will never be accepted.

"I hope it will be a warning to others who drink and drive," he said. "My heart goes out to the Ambrose family and to everyone who has been hurt by this tragedy. I'd also like to recognize the efforts and professionalism of our investigators who worked hard on this case. They had a difficult task, but they did it and did it well."