Prosecutors to get food-scam transcript

By Johnny Brannon
Advertiser Staff Writer

A Circuit Court judge ruled yesterday that prosecutors must be given a transcript of statements an indicted former police major made to the Honolulu Police Commission last month when he asked the panel to provide taxpayer money for his defense in the police cellblock food scam case.

Deputy prosecutor Randall Lee said he wants to know if Maj. Jeffrey Owens told the commission the same story he told investigators, but that he is not seeking to overturn the commission's decision to provide the money.

"Morally, I question it, but legally I'm not challenging it," Lee said.

An O'ahu grand jury indicted Owens and former Assistant Police Chief Rafael Fajardo last year on felony theft charges for allegedly buying meals and snacks for police officers with money meant to purchase food for detained criminal suspects. Both have pleaded not guilty and a trial is set for August.

The city's corporation counsel, which represents the Police Commission, argued that granting access to the transcript would violate Owens' privacy and could make other officers uncomfortable about making similar requests in the future.

And Owens' attorney, Darwin Ching, said he has yet to receive formal word of the commission's decision and worries that granting access to the records could cause the panel to reverse it.

"The effect is to intimidate the Police Commission to reconsider its decision," Ching told the court.

He characterized Lee's request for the transcript as "unreasonable and oppressive" and a "fishing expedition."

But Judge Dan Kochi ruled in favor of the prosecution, and Police Commission chairman Leonard Leong later said he was not worried about a chilling effect on other officers and that there was no plan to rescind the money.

"Overall, if the truth is presented, the truth will stand in court," Leong said. "What would they tell us that shouldn't be revealed in court? Hopefully they're not going to misrepresent themselves."

The commission routinely provides public money for the defense of officers accused of wrongdoing while on duty and performing work related to that duty. Ching said it is clear that Owens meets that criteria and that he had told the commission the truth.

Owens told investigators that he believed it was proper to buy food for officers assigned to the main station's cellblock because it would improve morale, according to police testimony before the grand jury.

But Lee said media reports indicated that Owens may have told the commission that the food was for prisoners, and that transcripts of his testimony would clearly show whether his statements were conflicting. Leong said it would be improper for him to publicly discuss Owens' testimony.

Four of the commission's seven members attended the June 26 meeting and voted unanimously in closed session to approve the money for Owens' defense. The commission will consider a similar request by Fajardo later this month, also in closed session.

Reach Johnny Brannon at jbrannon@honoluluadvertiser.com or 525-8070.