Police denied access to school files

By Peter Boylan
Advertiser Staff Writer

A Family Court judge has shut down a police attempt to obtain Kamehameha Schools records relating to the school's investigation into allegations that students produced a video of sex acts, an accusation that led to the expulsion of six students.

Assistant Chief Henry Lau, who oversees the Criminal Investigation Division, said the Honolulu Police Department issued a subpoena to the school's administration last week, seeking documents from the school's internal investigation.

Lau said police wanted to interview witnesses, review files and determine whether a crime had been committed.

Following school policy, Kamehameha administrators alerted parents of students that their records had been subpoenaed, said Ray Soon, vice president for community relations and communications for Kamehameha Schools. The subpoena was challenged in Family Court, but it was unclear yesterday who filed that challenge.

On Tuesday, a judge ruled that the school did not have to give HPD anything.

"At this point we are closed until we have new evidence or until someone comes forth," Lau said. "We don't know if a crime was committed."

Kekoa Paulsen, Kamehameha spokesman, said the school would not comment on court proceedings "out of respect for the confidentiality with which the court typically treats issues involving young people and their families."

Six students were expelled Nov. 8, four members of the football team and two girls, in the alleged October incident that, according to witnesses, involved sex and the making of a video.

Five of the students have appealed their expulsion. Their attorney, Eric Seitz, has said that they all denied that any such event took place. Seitz would not comment yesterday on the Family Court case, although he said the students' appeal has not been concluded.

In a statement issued after the expulsions, president and headmaster Michael Chun said Kamehameha officials found witnesses testifying to seeing tapes of the incident but had not themselves seen or obtained a copy of any videotape.

Advertiser staff writer Vicki Viotti contributed to this report. Reach Peter Boylan at 535-8110 or at pboylan@honoluluadvertiser.com.