Posted on: Tuesday, September 24, 2002

Police corruption case to go to trial

Advertiser Staff

Allegations of corruption and misconduct in the Honolulu Police Department's supersecret Criminal Intelligence Unit will go to trial, a federal judge ruled yesterday.

Attorneys representing the city, who have already billed taxpayers more than half a million dollars in legal fees, asked federal Judge Susan Oki Mollway to dismiss the case short of trial, arguing that the plaintiff, Det. Kenneth Kamakana, had presented insufficient evidence to support his claims.

Mollway turned down that request, and a similar one from Kamakana's lawyer asking for a pretrial ruling in his client's favor.

Mollway also rejected a request by the city to have yesterday' court hearing closed to the public.

She said she will issue a written ruling on yesterday's court arguments by Friday, but wants guidance from lawyers in the case by tomorrow about how to avoid revealing confidential law enforcement information in her written ruling which will be a public record.

"I have never issued a sealed ruling in a civil case before," the judge told the parties.

Kamakana, a 29-year HPD veteran who has been decorated several times for his investigations of organized crime involvement in narcotics trafficking, was transferred out of the Criminal Intelligence Unit last year after he reported evidence of wrongdoing in the unit to the FBI.

The HPD Internal Affairs office also began civil and administrative investigations of Kamakana for turning over police files to the FBI and U.S. Attorney's office. Kamakana's suit claims those investigations were illegal retaliation for his whistleblowing.

The case is set for trial before Mollway in November but may be pushed back by a crowded court calendar, Mollway said yesterday.