Officer charged with theft appeals decision on legal bill

Advertiser Staff

The lawyer for one of two high-ranking Honolulu Police Department officers scheduled to go on trial in January on theft charges related to the so-called police cellblock food scam case is appealing a decision by the Honolulu Police Commission not to pay the officer's legal bill.

In a lawsuit filed in Circuit Court yesterday, attorney Howard Luke who represents former Assistant Police Chief Rafael Fajardo contends the commission improperly rejected Fajardo's request because only six of the seven commission seats were filled when it considered the matter. Luke said all seven seats should have been filled in order for the commission to act on Fajardo's request.

Fajardo and former police Major Jeffrey Owens are accused of using taxpayer money earmarked to purchase food for police cellblock detainees to feed themselves and a small group of other officers.

Luke is asking that the police commission's Sept. 9 decision not to pay Fajardo's legal bills be reversed and the court order the commission to pay for Fajardo's defense. The commission previously voted in favor of paying for Owens' defense.