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The Honolulu Advertiser
Posted on: Friday, October 21, 2005

Sentencing of former officer delayed

By Ken Kobayashi
Advertiser Courts Writer

A federal judge postponed the sentencing of a former police officer in a drug case a second time yesterday, giving the former officer another chance to convince her he didn't possess a firearm in connection with his crime. If he can, he will receive a lower prison term.

Harold Cabbab Jr. pleaded guilty in May on a charge of stealing what he thought was more than 20 pounds of crystal methamphetamine and nearly 9 pounds of cocaine from a storage locker in a sting operation in December 2004. Cabbab was an officer at the time.

Under federal advisory guidelines, Cabbab faces a 14-year prison term, but Cabbab's lawyer David Klein wants U.S. District Judge Susan Oki Mollway to issue a ruling that sets the guideline range at 11 years and three months.

Mollway, however, said Cabbab needs to convince her he didn't use a firearm.

She postponed an earlier hearing because of the same issue. Since then, Cabbab submitted a written statement under oath asserting he didn't have a firearm in connection with the offense.

Yesterday, Mollway said it wasn't enough and suggested that rather than a conclusory statement, Cabbab should assert facts — such as he never carried a gun in connection with the case or never discussed carrying such a weapon.

Cabbab told the judge he did not want to take the witness stand to testify on that point. The judge indicated she understood because he would subject himself to questioning by the judge herself and he could face a harsher prison term if she thought he was lying.

Klein later said Cabbab may be submitting another statement.

Mollway scheduled the sentencing for Nov. 2.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.