Posted on: Friday, May 6, 2005
Judge asked to review letter concerning HPD detective
By Ken Kobayashi
Advertiser Courts Writer
A Honolulu police internal affairs investigation of a homicide detective is in its early stages and investigators are awaiting a transcript of the officer's testimony in a recent murder trial, lawyers in the murder case disclosed yesterday.
The disclosure came at a hearing before Circuit Judge Michael Town in which the defense lawyers in the murder case asked the judge to review an anonymous letter that launched the investigation of detective Sheryl Sunia.
Sunia has been reassigned to the police communications division and her gun and badge removed pending the outcome of the investigation.
She was the lead detective in the murder trial of three men accused as the masked gunmen who shot Greg Morishima in an 'Aiea garage Oct. 26 last year. A fourth man was on trial on a robbery charge in that case. The trial ended with the jury deadlocked 11-1 in favor of conviction.
The new trial is scheduled for July.
Richard Hoke, defense attorney for one of the three murder defendants, argued that the judge should privately review the document to determine if it affects the right to a fair trial for the defendants and should be disclosed to the defense.
He said he wasn't surprised when he learned of the investigation because Sunia was "doing a lot of things that were sort of at the edge," including not documenting the recovery of a surveillance videotape.
City Deputy Prosecutor Lucianne Khalaf called Hoke's remarks "entirely inappropriate."
She said she did not know that the investigation was pending until news reports about the probe. She also said the source of the complaint was unclear.
But she said she understands the investigation has not gone forward and investigators are awaiting the transcript of Sunia's testimony.
Khalaf said she is aware she is obligated to turn over to the defense information favorable to them, but is not aware of any at this time.
Hoke said he plans to subpoena an internal affairs investigator to produce the letter for the judge to review in private.
The hearing will resume Thursday.
Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.
