Ex-major avoids jail in cellblock food scam
By David Waite
Advertiser Courts Writer
The case of the stolen cellblock food, which shook the Honolulu Police Department and embarrassed some of its top officers nearly two years ago, ended quietly in court yesterday, with none of those involved receiving any jail time.
Jeffrey Owens, a former Honolulu police major who was a key figure in the case, avoided jail and probation on a felony theft charge.
Circuit Judge Karl Sakamoto gave Owens, 52, who earlier pleaded no contest, a chance to have his second-degree theft case dismissed providing he abides by conditions similar to probation for five years, pays $742.95 in restitution, and performs 100 hours of community service.
City Deputy Prosecutor Randal Lee, a white-collar crime specialist who headed the investigation and handled the prosecution of four men charged in the case, said he was disappointed that none of the defendants was sentenced to jail time.
But he said the decision to prosecute the case should serve as a warning to other public workers that "taking advantage of the system" will not go unpunished.
Lee said that he thought "probation was warranted" for Owens, which would have spared him from going to jail but would have left him with a permanent record.
Advertiser library photo • Aug. 30, 2001
Owens and Rafael Fajardo, 61, a former assistant police chief, were indicted in August 2001 on charges of diverting food intended for prisoners at the main police station cellblock at Beretania Street and using it to feed police officers.
Former Assistant Police Chief Rafael Fajardo Jr., left, was indicted on charges of diverting food meant for prisoners to feed police officers. Rib-eye steaks, pork loin and eggs were among the foods consumed.
Fajardo was the highest ranking Honolulu police officer ever to face felony charges.
At the time, the case was seen as a black mark against the department and the city, an embarrassment not only to Chief Lee Donohue but also to Mayor Jeremy Harris.
The practice of police eating food at the cellblock was so common that Donohue and former police chief Michael Nakamura also ate meals there, but both have said they did not know that it had been improperly obtained. The cost of the food was estimated at about $21,000.
Among the foods served police were eggs, breakfast meats, pork loin, turkey, rib-eye steaks, chicken, roast beef and ham, according to testimony before the grand jury.
Critics said the scandal was an example of longstanding favoritism and corruption in the department and would lead to other more serious allegations. But as months passed, various officers implicated in the case resigned or retired and no further evidence of misconduct was revealed.
Owens and Fajardo have since resigned, but will still be eligible for pension and other benefits, according to Howard Luke, Fajardo's lawyer.
Fajardo pleaded no contest in February to a charge of second-degree theft. In April, Sakamoto also granted his request for a deferral of his plea to enable him to have his record cleared.
Advertiser library photo • Feb. 19, 2003
The judge also granted deferral requests by food service worker Ernest Villanueva who pleaded guilty to second-degree theft and former detective John Spondike, who pleaded no contest to second-degree theft.
Police Chief Lee Donohue also ate meals at the cellblock, but said he didn't know it had been improperly obtained.
Yesterday, Owens told Sakamoto that he would not offer an explanation for his actions beyond what he said when he pleaded no contest to a second-degree theft charge on March 11.
At that time, Owens said the practice of using some of the prisoner food money to buy meals for police officers was in place before he was assigned to the department's Central Receiving Division. He said he never tried to hide what was being done and didn't think there was anything improper or illegal about using prisoner food-fund money to buy meals for officers.
Owens said the meals boosted morale within the division and dramatically reduced complaints about prisoner mistreatment.
Sakamoto yesterday said Owens believed he had the authority to use the money allotted for prisoner meals on other things, and that throughout his career, Owens had strived to improve working conditions within the department.
"Clearly, the purchase of food did not deprive prisoners of their food," he said.
Owens' accomplishments as a police officer, however, did not excuse his conduct in the food case, Sakamoto said.
But those accomplishments, when considered with letters of support from his family and church members as well as fellow officers and the community, led him to conclude that Owens is a "outstanding citizen," Sakamoto said.
Lee said Owens breached the trust that the public places in police officials. He urged Sakamoto to hold Owens to a "higher standard" and to deny the deferral which will allow Owens to avoid a criminal record.
City Prosecutor Peter Carlisle said through a spokesman that he would not comment beyond what Lee had to say about the outcome of the case. Donohue could not be reached for comment.
Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.
