Ezra ruled that Sylva's fellow police officer William Lurbe, proposed as a supervisor of Sylva if he was released on bail, was not qualified for the duty because Lurbe has his own set of HPD disciplinary and legal problems.

Ezra told defense attorney Alvin Nishimura he would entertain another motion for bail release if an appropriate custodian, such as a residential treatment program where Sylva could receive mental health and alcohol abuse counseling, was willing to accept the officer.

Nishimura and Lurbe declined comment after the court hearing.

Sylva, 49, has been in custody since his arrest in late March on charges that he sold crystal methamphetamine, the highly-addictive illegal drug commonly known as "ice," on three occasions to a cooperating witness. One sale occurred when Sylva was wearing his HPD uniform, according to prosecutors.

Sylva has pleaded not guilty. He faces 10 years to life in prison if convicted.

Nishimura said Sylva's life fell apart after his parents and young child all died within a short period of time. Sylva became depressed and also sold drugs to help support his girlfriend's ice habit, according to Nishimura.

Lurbe, 44, entered a deferred no-contest plea in March to misdemeanor criminal charges of reckless endangerment and harassment. He is under state court supervision as a result of that plea. The charges will be erased from his record if he stays out of trouble with the law for a year.

A state judge allowed Lurbe permission to carry a firearm despite the criminal conviction, but Nishimura said in court that HPD has taken his service weapon away from him and assigned him to "other duties."

Lurbe entered a similar deferred plea of guilty to a misdemeanor terroristic threatening charge in 1993.

In 2001 Lurbe and another HPD officer were found liable in federal court for damages of $400,000 in a false arrest lawsuit. That judgment was later reduced to $300,000 and paid by the city on behalf of the officers.

In 2003, Lurbe was disciplined and transferred out of HPD's narcotics/vice unit for falsifying his gas mileage reimbursement requests.

Ezra said Lurbe "is in the throes of his own difficulties" and shouldn't be burdened with the responsibility of watching over Sylva.