Thread by @nickgrube

The #KealohaTrial will start today with opening statements. It marks the beginning of one of the biggest public corruption cases in Hawaii history.

Here's a primer on the government's case, which all began with a stolen mailbox... civilbeat.org/2019/02/so-why…

U.S. District Court Judge J. Michael Seabright is presiding over the trial. He just told the jurors he anticipates them having to serve until early August. (REMINDER: It's still May.)

A lull in jury selection action means Seabright is now talking to the prospective jurors about Brutalist architecture and the koa wood accents inside the courtroom. Also: Brief mentions of Dr. Seuss and Green Eggs & Ham #KealohaTrial #TheMoreYouKnow

We now have 12 jurors. Attorneys are narrowing down the list of alternates.

While we wait, check out this page @CivilBeat put together to help you follow along with the #KealohaTrial civilbeat.org/projects/honol…

Only a handful of emtpy seats in courtroom as gov't prepares to present its case.

Several lawyers in the audience, including Ali Silvert, the federal defender who is credited with uncovering the alleged conspiracy w/ his investigators. Here's his story: civilbeat.org/2018/04/how-bl…

A couple observations from the #KealohaTrial:
- Jury is majority people of color, which reflects Hawaii
- Prosecutors are three white men from the mainland (San Diego, specifically)
A UH law teacher who's here says that's not a good look

"No mailbox died during the course of these events."

That's Assistant U.S. Attorney Michael Wheat, the special prosecutor in the #KealohaTrial, talking about HPD assigning two homicide detectives to investigate the Kealohas missing mailbox

Wheat keeps calling the Criminal Intelligence Unit the "secret police" despite unsuccessful objections of the defense. Here's what you need to know about the CIU civilbeat.org/2017/10/covert…

Katherine Kealoha's attorney just launched into her opening statement. She told the jurors she plans to call her client "Kathy" and then went into her Hawaii upbringing, from Kahaluu to UH law school.

(She described the government's case as "convoluted" and "complex")

Here's a name that's come up a couple times today: ALISON LEE WONG

And here's what you need to know about Ms. Wong... civilbeat.org/2017/10/hpd-co…

Louis Kealoha's attorney Rustam Barbee is boosting his client's local cred — playing football at Damien HS, fire-knife dancing, hula, working as a Honolulu police officer. Seems like this might be a tactic to counter what the mainland prosecutors are saying about his client

We've seen this tactic before civilbeat.org/2017/11/new-ke…

Every defense lawyer made sure to tell the jurors where their clients went to high school. Again, another way hype up those Hawaii roots

One of my favorite details: Louis Kealoha, who is Honolulu's former police chief, was a fire-knife dancer who once placed first place with his hula halau in the Merrie Monarch Festival

Oh, and here's the first piece that @yoohyun_jung and I just wrote about the opening statements. (More to come...) civilbeat.org/2019/05/attorn…

Brian Shaughnessy, the US Postal Inspector who initially charged Gerard Puana for the theft of the Kealoha's mailbox, says he didn't want to pursue the case due to lack of evidence but was pressured by the US Attorney's Office

This is the first time I've heard Shaughnessy talk about the case. But if what he's saying is true it makes sense why outside investigators were brought in to investigate the alleged conspiracy. Here's more background: civilbeat.org/2018/04/how-bl…

Also: We teamed up with @KITV4 and hired a sketch artist!

This is Michael Wheat. He's the special prosecutor who was appointed from San Diego because the local office recused itself

To see more sketches (and read what @yoohyun_jung and I observed while there in person) check out our latest on the #KealohaTrial civilbeat.org/2019/05/kealoh…

Meanwhile, here’s @yoohyun_jung and me at the courthouse today

Correction: I forgot to draw my beard

Back in the courtroom for Day 2 of the #KealohaTrial. U.S. Postal Inspector Brian Shaughnessy is back on the stand.

Yesterday he said he didn't want pursue charges against Gerard Puana for the mailbox theft, but was ordered to do so by the local US Attorney's Office.

Exciting news! I saw the prosecutors wheel a mailbox into the courtroom this morning. (It looks to be the same brand as the one the Kealohas said was stolen.)

Shaughnessy's testimony just took a strange turn...

Apparently, after Louis Kealoha caused a mistrial in Gerard Puana's criminal trial Katherine Kealoha sent Shaughnessy a care package of cookies and a water bottle.

Due to ethics concerns he sent her a check for the "gift"

Katherine Kealoha is known for being generous, particularly with food. She once even brought me homemade apple strudel when we met for an interview. Here's what we talked about: civilbeat.org/2016/08/kealoh…

Defense just finished cross-examining Shaughnessy. Really homing in on the fact that the Hawaii feds once believed Gerard Puana was the mailbox thief

Gerard Puana's sister is on the witness stand now. She just told the jury she has "no doubt" the guy in the mailbox theft video is not her brother

And now the prosecution has called the Kealohas' mailman to the witness stand

"Why us?"

That was the reaction from HPD homicide detective Dru Akagi in 2013 after he was assigned with his partner to investigate the theft of the Kealohas' mailbox

Akagi was also assigned to investigate another case that prosecutors now say was a second attempt to frame Gerard Puana. Here's what you need to know about it: civilbeat.org/2017/01/the-pl…

Here comes the mailbox! Well, not *the* mailbox, but the brand Katherine Kealoha said Gerard Puana stole

This matters because Kealoha said the cost of the mailbox was $380, a price tag that would have made the mailbox theft a felony v. misdemeanor

Here's the dispatch from Day 2 of the #KealohaTrial civilbeat.org/2019/05/why-us…

Day 3 of the #KealohaTrial brings former HPD officer Nalei Sooto to the witness stand. Sooto was one of several officers who arrested Gerard Puana in a church parking lot after he was identified as the alleged mailbox thief

Sooto was part of a special crime reduction unit. Sergeants in charge of his unit were Michael Cusumano and John Haina, who were then-police chief Louis Kealoha's surfing buddies. After Puana was arrested Haina and Cusumano were named sergeants of the year civilbeat.org/2016/07/a-peek…

Sooto said in 2017 an FBI agnet asked him if he was the man in the video stealing the mailbox.

"If you look at the video there’s no way it’s me," Sooto said. #KealohaTrial

Sooto said the first time he watched the surveillance video he had no idea who the guy was stealing the mailbox. He arrested Puana based on a photo given to him.

In 2017, when Sooto was asked to watch the video again by the FBI he still couldn't identify who it was

And here's the picture of Cusumano and Haina receiving their sergeants of the year award from the chief in 2014

HPD Capt. David Chang just testified about how he found documents related to Gerard Puana in the CIU "burn pile," meaning they were set to be destroyed.

(Remember: Several officers from the secret CIU unit are accused of trying to frame Puana for the mailbox theft) #KealohaTrial

Observation: The defense is really trying to push back against the notion the CIU is a secret police force. Yet almost every non-CIU officer who's taken the stand has said they don't really know what they do because it's "secret"

Lutu used to lift weights with Gerard Puana at the "Power Pit" gym in Pearl City. They were on a competitive power-lifting team.

He said they were friends and that he knew Puana's build well.

"He’s kind of built like me where we don’t have necks and are kind of barrel chested," Lutu said.

Which brings us to what Lutu thinks of the guy in the mailbox theft video...

"In my mind knowing Mr. Puana it didn’t resemble him," Lutu said.

Defense lawyer Randy Hironaka, who represents Minh-Hung "Bobby" Nguyen, now asking Lutu why he didn't say anything if he knew the guy in the video didn't look like Puana.

"I was under the impression that ID was made and it was already going through so I didn’t say anything."

U.S. District Court Judge J. Michael Seabright let the jury in on a "little secret." He has his clerks pass out candy when they start looking sleepy. #KealohaTrial

Prosecutors called Landon Tafaoa, a CIU officer to the stand. Tafaoa testified about HPD conducting 24-hour surveillance on Gerard Puana at least six days before he was officially identified as a suspect by Katherine Kealoha

"I got a shitty assignment for you." That's what Richard Robinson told his homicide detective Greg McCormick when he learned he was being tasked with investigating the theft of the police chief's mailbox. #KealohaTrial

Warning: More swearing on the way...

John McCarthy, who's now HPD's deputy police chief, said Katherine Kealoha once tried to get him to investigate her uncle for financial elder abuse

She later asked him to drop any investigation he might be thinking of into her uncle saying that her husband, Louis Kealoha, didn't want to get involved.

(By this point McCarthy said K. Kealoha was nervous about him asking for more information and documentation.)

K. Kealoha then mentioned the civil lawsuit her uncle Gerard Puana filed against her told McCarthy that her husband said that if they "lost the civil suit he would shove any money up Gerard's ass." #KealohaTrial

“Its ur pain in the okole-kat kealoha! Help! Can I please make an appointment?” civilbeat.org/2019/05/office…

Back in the courtroom today after the holiday weekend and the first thing I see is a mailbox and post bolted to a wooden base. The whole thing is covered w/ a white bed sheet. Looks like they’re prepping for a demonstration. (Sorry, no pics allowed in the federal courthouse)

First two witnesses called include Gerard Puana's neighbor and a former Lexus mechanic/service manager. Both were asked to watch the video of the mailbox theft

Some things to know about Gerard Puana's vehicles: He had two, one was an SUV, the other was a Silver Pontiac. He did not own a white sedan. (Prosecutors say his mother accidentally told one of the defendants accused of framing him that he did.) civilbeat.org/2019/04/defend…

HPD detectives asked Puana's neighbor about her white Acura in relation to the mailbox theft. She said it couldn't have been her car because it never moved the night of the theft. Not only that, the car in the video doesn't have a spoiler. Hers does

Now a long-time Lexus mechanic — the second witness — is explaining how the car in the video appears to have the same stylings o a 2007-2009 Lexus ES 350

So why does this matter? Maybe these excerpts from HPD police reports will help.

The reports show that despite the fact that Puana didn't own a white car and his neighbor said it wasn't hers in the video HPD continued to direct its investigation in his direction

And now we have an engineer who designs mailboxes on the witness stand #KealohaTrial

I never thought a man talking about a mailbox would be so riveting

At the same time it's like watching someone describe how to build Ikea furniture

Prosecutor: "If there’s a tug of war between the top post section and the base which section would win that tug of war?"

Mailbox engineer: "The top post section."

Yet that's the section that that came off the night the Kealoha mailbox was stolen.

The engineer was just handed a screwdriver so that he could remove the top of the mailbox. The whole jury is standing now to peer inside the post #KealohaTrial

Niall Silva, the first HPD officer to plead guilty to taking part in conspiracy to frame Gerard Puana, is on the witness stand. Here's what you need to know about Silva civilbeat.org/2016/12/ex-off…

Silva now admitting to lying and falsifying HPD documents.

When he got caught on the witness stand in 2014 for falsifying police reports in relation to the mailbox case he said in open court, "What's done is done, sir."

Here's Silva's admission direct from the transcript of Gerard Puana's criminal trial

"My heart sank." — Niall Silva upon seeing Gerard Puana for the first time in the federal courthouse because he knew then that Puana was not the man in the video stealing the Kealohas' mailbox

Assistant U.S. Attorney Michael Wheat, who's the special prosecutor in this case, is walking Niall Silva through every lie he told, from his falsified police reports, to his false testimony in federal court to his repeated false statements to the FBI #KealohaTrial

“Contrition is the first step to redemption and Niall Silva took that step today.” — Those are the words Michael Wheat said to me after Silva pleaded guilty to conspiracy in December 2016

Defense lawyers now pointing out Silva's many lies to the feds and in the courtroom to try to undermine his credibility. His response?

"I wanted to come clean and not have to lie any more."

(He faces up to five years in prison and $250K fine for pleading guilty to conspiracy.)

The thing I wrote today ... civilbeat.org/2019/05/my-hea…

Back in the courtroom for Day 5 of the #KealohaTrial. Prosecutors called HPD officer Chad Gibo to testify about Gerard Puana's 2011arrest of unlawful entry into a neighbor's home

Now former CIU commander Sean Naito on the witness stand discussing Louis Kealoha telling him Gerard Puana smashed a window at his house in 2011

Naito says that he launched an investigation into Puana, but didn't write any police reports so that it would remain secret. Investigation included 24-hour surveillance of Puana for a full week

Special prosecutor Michael Wheat repeatedly asked Naito how he passed information between his colleagues. Naito said it was always verbally, which helps prove Wheat's point that the Criminal Intelligence Unit was a secret police division within HPD

Wheat's description of CIU as a "secret police force" really seems to bother some of the defense attorneys, and in particular Birney Bervar, who represented Derek Hahn, who used to be a lieutenant in the unit #KealohaTrial

Bervar continues to push back on Wheat's classification of the CIU as a black ops police force, but doing so ignores its history. Again, here's some background: civilbeat.org/2017/10/covert…

The CIU has nearly 50 years worth of scandal, essentially going back to its founding civilbeat.org/2017/10/jim-do…

Based on the witnesses called so far today it looks like the prosecution wants to set the stage to talk about an alleged break-in at Gerard Puana's house. Some of those allegations are laid out here civilbeat.org/2016/12/new-la…

Gerard Puana's niece on the witness stand now testifying about her cousin Katherine Kealoha entered Puana's house with other HPD officers, including Bobby Nguyen, after her uncle was arrested in 2011

Defense now trying to paint the niece as a liar and undermine her testimony because her memory of specific details of the event are fuzzy

Wheat is now questioning Thomas Cayetano, a deputy sheriff for the state of Hawaii, who helped Katherine Kealoha meet in secret with Gerard Puana after he was arrested in 2011.

Cayetano also helped get Puana to the top of a drug treatment wait list

Cayetano said he was breaking the rules as a personal favor to Katherine Kealoha, someone he says he "looked up to"

Interesting aside: This is the drug treatment center Cayetano said he pulled some strings at to get Puana to the top of the wait list. A great piece of reporting from my colleague @johncornellhill civilbeat.org/2019/04/a-nonp…

Clarissa Malinao, who was Gerard Puana's public defender in the unauthorized entry case, is on the witness stand now. She says she had no idea her client was having secret meetings with Katherine Kealoha in the courthouse basement

The prosecutor in the case, Katherine Koga, said the same when she was on the stand earlier this afternoon

When asked what would happen if a prosecutor met with a defendant without their lawyer present Koga said, "Oh, you’d be in a lot of trouble."

But back to Malinao...

She said a judge agreed to set aside Puana's conviction, but that Katherine Kealoha later ordered a colleague to file a motion to revoke that lenient sentence around the time she accused him of stealing her mailbox

OK, here we go. Gerard Puana's sister now says Katherine Kealoha was with her in Florence Puana's home armed with a gun

They were apparently on their way to Gerard Puana's downstairs apartment to search it. Puana was in jail at the time.

The sister, Carolyn DeMello, says her niece then picked some locks to a file cabinet and safe. She then turned to DeMello and motioned, "Shhhhh..."

For the recap of Day 5 of testimony in the #KealohaTrial ... civilbeat.org/2019/05/witnes…

Back in court for Day 6 of testimony in the #KealohaTrial. Prosecutors have said they're moving along faster than expected. So far they've called 27 witnesses

Carolyn DeMello is back on the witness stand today. A lot of the discussion so far has revolved around a reverse mortgage Katherine Kealoha executed on Florence Puana's home. (DeMello is Puana's daughter)

This is why that reverse mortgage is so important civilbeat.org/2019/02/so-why…

New witness on the stand is Deputy AG William Awong.

Reminder: He's the guy who tried to overturn a lenient sentence for Gerard Puana at the direction of Katherine Kealoha shortly after she accused Puana of stealing her mailbox

And now the witness is talking about the difference between a "Hawaii uncle" and a "blood uncle" #KealohaTrial

Lynne Uyema, who's the legal advisor for HPD, is on the witness stand talking about responding to a subpoena from Gerard Puana's defense attorney Alexander Silvert requesting the surveillance video of the Kealoha mailbox theft

Silvert wanted days worth of footage so he could see if the mailbox was tampered with before the theft, but was told by HPD that such a video didn't exist

This issue came up during Puana's 2014 criminal trial when Silvert questioned HPD office Niall Silva, who has since pleaded guilty to taking part in the conspiracy civilbeat.org/2016/12/ex-off…

The missing hard drive is important as well because while HPD told Silvert it didn't exist the FBI was able to recover it. Prosecutors say now that when they watched what was on the hard drive they saw that someone had recorded the ceiling tiles inside HPD's CIU for several days

Which brings us to our next witness Tom Woodard, an FBI agent from Quantico, Virginia who specializes in recovering video evidence...

And now we're looking at images of ceiling tiles

Here's the relevant section from the DOJ's original indictment of the Kealohas and their co-conspirators

So why does it matter that anyone would record ceiling tiles? We'll let FBI Agent Woodard explain that one, "I cannot recover the data that’s been recorded over."

Former HPD officer Gordon Gomes is on the witness stand. He was 2nd in command of the Criminal Intelligence Unit in 2011 when it investigated Gerard Puana for alleged vandalism at the chief's house

The alleged vandalism was someone throwing a cup of coffee — or as Gomes put it "an unknown liquid" — at the chief's driveway

The coffee throwing incident then resulted in 24-hour surveillance at the chief's house, according to Gomes. And, yes, officers were paid overtime.

"He looked stressed."

That's Gomes talking about Kealoha co-defendant Derek Hahn (pictured) around the time the mailbox case was turned over the FBI

Gomes said he was worried about Hahn being in business with Katherine Kealoha because she was the police chief's wife. He said it seemed like a "conflict of interest." (Hahn did have approval to work the side gig with Katherine Kealoha.)

Here are some pictures of mailboxes someone sent me today #KealohaTrial

We have a bunch of people in the courtroom today who are expecting to hear Gerard Puana's defense lawyer Alexander Silvert testify. Not sure if he'll make it to the stand before the judge calls it quits for the day, but here's why Silvert matters civilbeat.org/2018/04/how-bl…

Another day, another story civilbeat.org/2019/05/kealoh…

Welcome to Day 7 of the #KealohaTrial! We're kicking it off with a discussion about golf...

The government is now trying to establish that Gordan Shiraishi was playing in a golf tournament the morning of June 22, 2013, which is the day after the Kealoha mailbox was stolen

So why should we care that Shiraishi was golfing that morning?

Because he told the feds he was at home water his lawn when the chief called to tell him mailbox was missing. As the feds have said, that's when "SHIRAISHI'S LIES COME UNDONE"

Prosecutors have now called an FBI cell phone expert to the witness stand. The jurors are about to see a lot of pictures like this showing where certain people were at certain times based on what cell tower their phone pinged

According to the FBI expert, this image shows that Derek Hahn's cell phone was in Gerard Puana's neighborhood around 6 p.m. the evening the mailbox was stolen.

(Important detail: The mailbox was stolen just before midnight on June 21, 2013)

This image, per the FBI agent, shows Derek Hahn's cell phone near the Kealoha's residence the morning after their mailbox was stolen.

IMPORTANT: HPD police reports show Katherine Kealoha didn't call 911 to report her mailbox was missing until 1:30 p.m. on June 22, 2013

Meanwhile, Gerard Puana's cell phone made calls only from the area around his residence at 2:18 p.m. the afternoon of the mailbox theft and 8::25 a.m. the morning after. That's a big gap that I'm sure the defense will exploit on cross-examination (Sorry, no pics yet)

As expected the defense lawyers for the Kealohas immediately pointed out that the cell phone records don't show where Gerard Puana's phone was at the time of the mailbox theft #KealohaTrial

Ryker Wada, the head of the state's HR department is on the stand now, he was just asked if Alison Lee Wong worked for the state. He said he could find no records. That's because the feds say Alison Lee Wong doesn't exist civilbeat.org/2017/10/hpd-co…

And here comes Alexander Silvert...

Silvert drew a crowd to the courtroom, including several local attorneys. Among those who are here to listen to his testimony is Honolulu Police Commissioner Loretta Sheehan

Special prosecutor Michael Wheat is now walking Silvert through his investigation into the alleged framing of his client by the Kealohas and their co-defendants #KealohaTrial

"The mailbox looked extremely loose, and I’m talking about the box," Silvert said. "You could move it you could shake it and the way it came off was very easy."

"That’s not the way that mailbox should come off," he added.

I wonder if Silvert is having fun yet. He's told this story many times over the years. Here's that story in a piece I wrote for Boston College's law magazine last year lawmagazine.bc.edu/2018/06/the-my… …

And here’s the man himself...

During a break in Silvert's testimony, the DOJ's special prosecutor Michael Wheat informed the judge he only had 20 more witnesses to call and thinks he can wrap the government's case by next Friday

Silvert now testifying about how Gerard Puana gave him photos of HPD officers tailing him before he was officially identified as the mailbox thief #KealohaTrial

These are a few of those photos Gerard Puana took of the HPD officers who were following him

The final draft of Alexander Silvert, who after he testified, told the press that he’s glad he finally had the chance to tell some of Gerard Puana’s story. (He smiled more than this in the courtroom.)

The end of another day covering the #KealohaTrial civilbeat.org/2019/05/kealoh…

Happy Aloha Monday! I'm back in at the U.S. District Court of Hawaii for the #KealohaTrial. The first witness today is Carolee Kubo, who is the HR director for the @HonoluluGov

Sounds like we'll be hearing more testimony about Alison Lee Wong, who the government says is Katherine Kealoha's "alter ego."

Here's what I can tell you about Ms. Wong, who I once tried to interview. (She didn't respond to the request.) civilbeat.org/2017/10/hpd-co…

Prosecutors now questioning the founder of the American Association of Notaries who says Katherine Kealoha ordered a notary stamp for Alison Lee Wong from his website. When Kealoha made the purchase she used the name "Kathryn Aloha"

Pretty sure Judge J. Michael Seabright just scolded Assistant U.S. Attorney Joseph Orabona during a sidebar we couldn't hear. Seabright was visibly upset about Orabona's questioning of FBI Agent Caryn Ackerman, who investigated the mailbox case

Chief Judge J. Michael Seabright, who's presiding over the #KealohaTrial, has a reputation as being a smart, fair judge. But as a former assistant U.S. attorney he also expects a lot from the prosecution civilbeat.org/2019/04/honolu…

"That was a dangerous question to start with. It was unnecessary and potential opens the door to that sort of answer." — Seabright reiterating his displeasure with Orabona's questioning of FBI agent Ackerman

Gordon Shiraishi's defense lawyer Lars Isaacson really focusing on Ackerman's handwritten notes. Part of Shiraishi's defense appears to be that he doesn't quite remember the details of what happened after the mailbox was stolen #KealohaTrial

Shiraishi said the chief called him the morning after the theft and that he then sent members of CIU to the home to investigate. Shiraishi told the FBI he was watering his lawn at home when he got the call, but he was actually out golfing

Apparently, the FBI interviewed more than 400 people who owned or had access to a Lexus, which was the vehicle used to carryout the mailbox theft #KealohaTrial

I wish the candy jar that Seabright uses to keep the jurors awake would make its way through the audience #KealohaTrial

Add this to the list of things I'm scared of: Judge J. Michael Seabright's icy stare #KealohaTrial

Listening to a prosecutor and law clerk reading transcripts of Bobby Nguyen's testimony to a federal grand jury. When asked about the mailbox theft video, he said, "I thought it was Uncle Gerry off the bat." Said he recognized his walk

Back in the courtroom for Day 9 of #KealohaTrial. We're watching Florence Puana's video deposition from April 30 of this year. She's 99 years old. Here's Florence with her son Gerard, who the Kelaohas are accused for framing for the theft of their mailbox

Florence Puana is both a key witness and alleged victim of Katherine Kealoha, her granddaughter, who is accused of bilking Puana out of hundreds of thousands of dollars via a shady reverse mortgage deal on her home civilbeat.org/2014/09/missin…

Florence Puana — born on Maui in 1919 — said her husband built their home. After the reverse mortgage, she was forced to sell it.

"She said to trust her," Puana said of Katherine Kealoha. "She said, 'Grandma don’t worry.' She said, 'I’m the attorney and you can trust me.'”

Florence Puana, who only completed the 8th grade, said she was "confused" about how reverse mortgages worked so she put trust in her granddaughter. All Puana wanted to do, she said, was get the money so she could buy her son a condo

This is the letter Florence Puana sent to Katherine Kealoha after she started realizing things weren't quite right with the reverse mortgage

And here are some excerpts from Katherine Kealoha's response to her grandmother...

Florence Puana, 99, cried when questioned about her relationship with Katherine Kealoha, the granddaughter who is accused of framing her son.

"She was a loving, loving gentle person and I trusted her," Puana said.

The defense team has spent twice as long cross-examining 99-year-old Florence Puana as the prosecution. They're mostly trying to confuse her and cast doubt on her memory.

The government's last witness today was an FBI agent who specializes in cell phone records. She said that between June 16, 2013 and July 6, 2013 the Kealohas, their alleged co-conspirators and the US Postal Inspector exchanged 687 phone messages.

That's right, 687

Assistant U.S. Attorney Michael Wheat just said Gerard Puana, the man who was allegedly framed for the theft of Kealoha mailbox, could testify TOMORROW

Katherine Kealoha's defense lawyer Cynthia Kagiwada says she wants to use the result of the Puanas' civil lawsuit against her client — they lost big time — to show financial motive on his part to go after Kealoha now

Here are some excerpts from 99-year-old Florence Puana's video deposition, which jurors watched today at the #KealohaTrial

Day 10 of the #KealohaTrial starts with FBI agent Carly Lum on the witness stand. I'm also expecting to see Gerard Puana testify today, mainly because I ran into him in the courthouse hallway

But first the phone records...

Lum mapped out the phone calls between Bobby Nguyen, Niall Silva, Louis Kealoha, Katherine Kealoha and Derek Hahn from June 17-20, 2014 when the U.S. Postal Inspector began his investigation into the Kealohas stolen mailbox.

There were 103 phone calls or text messages...

Lum also showed there were a significant number of phone contacts among some of the defendants around Dec. 4, 2014 — which was date of Gerard Puana's criminal trial — and November 2015 when the FBI contacted Bobby Nguyen

Here's a chart showing the phone contacts between Bobby Nguyen and Niall Silva. Note the spike on Dec. 4, 2014, the day Silva said he took the stand to lie for Nguyen about his involvement in the Kealoha mailbox investigation civilbeat.org/2019/05/my-hea…

"The United States calls Gerard Puana."

Puana just took to the stand. He's much skinnier than he used to be. First question from Assistant U.S. Attorney Michael Wheat: Did you take the mailbox?

"Absolutely not."

Gerard Puana is now talking about being on a "ketogenic diet." Why is this important? Because's lost at least 30 pounds from the time of the mailbox theft to today

Here's what Harvard has to say about the keto diet... health.harvard.edu/staying-health…

Gerard Puana and Katherine Kealoha were the "best of friends." He called her Katsters. She called him Uncle Gerrsters

Puana said he promised his father he would take care of his mother when he died. He also promised his dad he would kick his meth habit, which he did "cold turkey"

Gerard Puana says he helped around the Kealoha household, including digging the hole and pouring the cement for the mailbox. Says he didn't install the mailbox, but said it was his brother, Rudy Puana, who is Katherine Kealoha's father

Puana now discussing his 2011 arrest for unauthorized entry into a neighbor's house after a disagreement over parking. Here's some background from earlier in the trial civilbeat.org/2019/05/witnes…

Puana stayed in OCCC's Annex 2 while his criminal case was pending. He said Annex 2 has another nickname: The Thunderdome

By the time Puana's sisters bailed him out of jail — 71 days after he was arrested — he noticed things missing in his apartment: Memory cards from his digital camera, HPD baseball caps, switchblades, a cap gun and car keys

SIDE NOTE: HPD officer Daniel Sellers is at the courthouse. Sellers was an original co-conspirator in the DOJ's 1st indictment. He's since pleaded guilty and agreed to cooperate with the feds, which means he's now a witness for the government civilbeat.org/2019/01/honolu…

Katherine Kealoha sent Gerard Puana a package on Halloween 2012. Inside were his camera memory card, two switchblades and a cap gun

Gerard Puana is now talking about what came to be known as "The Angry Letter"

https://twitter.com/nickgrube/status/1136007997748985856

Gerard Puana called the cops after he saw he was being followed in June 2013. This is what the responding officer told him:

"Unless they came out of their vehicles and harassed you it’s a public road so they have every right to do what they want to do."

https://twitter.com/nickgrube/status/1134616343016161280

Cross-examination time...

Katherine Kealoha's attorney Cynthia Kagiwada is questioning Gerard Puana about where he got the money he says her client stole from him when he only receives monthly disability payments. His response? He's been living his parents since 1995

Puana said he gave his niece tens of thousands of dollars to use as part of an investment hui

Kagiwada now showing the jury checks Florence Puana wrote to her son, Gerard, including one for $200 that was for his birthday. Kagiwada wants to paint Gerard as someone who was taking advantage of his mother

Puana now being questioned about documents he signed in relation to a condominium purchase. Says he just signed whatever his niece, Katherine Kealoha, put in front of him because he trusted her "wholeheartedly."

Now says that several initials on the documentation are not in his handwriting

The cross-examination of Gerard Puana will continue tomorrow morning. In the meantime, here's some of what he said today via me and my @CivilBeat colleague @yoohyun_jung civilbeat.org/2019/06/we-wer…

And we're back!

Katherine Kealoha's attorney Cynthia Kagiwada is cross-examining Gerard Puana, who has accused her client — his niece "Katsters" — of framing him for the theft of her mailbox in 2013

So far Kagiwada is avoiding asking Puana about a document she showed him yesterday in which he said his initials weren't in his handwriting. Wonder if she'll circle back...

Kagiwada is now showing Puana multiple views of surveillance video of him throwing a coffee cup at the Kealoha driveway as he drove past in his green Ford Explorer.

Gerard laughed after the prosecutions said they had "no objection" to the jury seeing it

Kagiwada is clearly trying to paint Puana as a hot head.

After the coffee-throwing incident she started questioning himabout a disagreement he had w/ a neighbor over parking that resulted in his arrest. Here's an excerpt from the police report

Here's the thing about that coffee-throwing incident. It happened on June 27, 2011. That's the same day HPD officer arrested Puana for unauthorized entry into a home civilbeat.org/2019/05/witnes…

Louis Kealoha's attorney Rustam Barbee is now cross-examining Puana.

He started by asking if he had an alibi between 11 p.m. and midnight on June 21, 2013, which was when the mailbox was stolen. Puana said there was no one with him at that time

Barbee now trying to distance his client from his wife, Katherine Kealoha, and her financial fights with Gerard Puana.

"Louis Kealoha was not present at any meeting having to do with the Puana family financial disputes?" Barbee asked.

"This is correct," Puana said.

OBSERVATION: Six of 17 jurors are wearing rubbah slippahs

Barbee trying to discredit Puana.

Bringing up prior drug/alchol use, ownership of switchblades (which are illegal in Hawaii) and a disagreement he had with a bunk mate at a drug treatment center

Kagiwada just objected to Assistant U.S. Attorney Michael Wheat trying to enter into evidence a document she showed Gerard Puana yesterday in which he said the signatures and initials supposedly belonging to him weren't his handwriting 🤔

Exhibit just allowed into evidence. If what Puana is saying is true — that the handwriting is not his — we're talking about a possible forgery

Kagiwada, when she had her chance to cross examine Puana, did not ask about the supposedly forged signatures or initials on his condo counter-offer document

Just broke for lunch. All the reports just crossed the hall because a verdict is in in the Haleck trial. Here's what you need to know via @yoohyun_jung civilbeat.org/2019/05/defens…

Prosecutors have just called Dave Oleksow, a forensic document examiner to the witness stand. I wonder if the feds are going to ask about that document Gerard Puana said he says he didn't sign...

These are the types of cases Oleksow said he's been involved with over the years: forged checks, murder, rape, kidnapping, human trafficking, exotic animal trafficking, espionage, money laundering #KealohaTrial

ICYMI: There's a Scientific Working Group for Forensic Document Examination swgdoc.org

Oleksow took handwriting samples from Katherine Kealoha and Gerard Puana. He says Gerard Puana's signature on a trust document is not actually his. It's a "very poor" imitation, Oleksow said

These are the signatures. Again, the handwriting expert says Gerard Puana definitely didn't sign his own name here. Katherine Kealoha's signature, however, is very much hers

He's now analyzing Alison Lee Wong's signature on the document. Remember the government says Wong isn't a real person. She's Katherine Kealoha's "alter ego"

The expert is now pointing out all the similarities in Kealoha and Wong's signatures

He said there were similarities, which is a lower threshold on the handwriting scale than positive identification. Same goes for the numbers underneath the signature

And here's the signature from the document Kagiwada showed in court yesterday. The handwriting expert just said it was highly probable that it's not Gerard Puana's signature

Meanwhile, here's Gerard Puana's actual signature

Wheat now questioning the realtor who helped Katherine Kealoha buy a condominium for her uncle. The realtor said she cut Kealoha a $7,000 check for the commission. Here's where I think this is headed...

The prosecution just called Chuck Totto to the witness stand. Totto is the former Honolulu Ethics Commission executive director who began investigating the Kealohas in 2015. They sued him and then the commission went after Totto civilbeat.org/2016/09/kealoh…

But Totto wasn't the only casualty. His lead investigator, Letha DeCaires — who's also on the prosecution's witness list — also lost her job. Here's a story I wrote about the assault on the ethics commission shortly before Totto's tenure ended civilbeat.org/2016/06/how-ca…

Totto testifying about how after he launched an investigation into the Kealohas they started filing ethics complaints against him. There were SEVEN in total. None were sustained

Still, the commission — which is made up of mayoral appointees — stopped him from pursuing any of his investigations into the Kealohas. All those investigations were held in "abeyance," he said, meaning they went nowhere

The Kealohas filed a lawsuit against Totto and his investigator, both in their professional and personal capacities in 2016. The case was dismissed in December 2018

The lawsuit itself was a spectacle. It included over 1,000 pages of exhibits, including some that confirmed the Kealohas were under FBI investigation. And then there was this: civilbeat.org/2016/07/a-peek…

The attacks on Totto seemed to be part of a trend, one that opened the door to my one and only @CivilBeat interview with Katherine Kealoha civilbeat.org/2016/08/kealoh…

Wheat told the judge he doesn't expect to finish up his case tomorrow.

Still has 4-5 more witnesses, including HPD officer Daniel Sellers, who was named as a defendant before he cut his own plea deal

Before the FBI, before the special prosecutor, before the grand jury, there was Chuck Totto civilbeat.org/2019/06/ex-cit…

Another day another tweet #KealohaTrial

Chuck Totto is back on the witness stand. He's now being cross-examined by Lars Isaacson, who's Gordon Shiraishi's defense lawyer. Shiraishi is accused of lying to investigators about key facts of the mailbox theft investigation as laid out here in previous pleadings

Isaacson trying to make it seem like his client just couldn't remember the facts of the investigation when he misrepresented what happened to the ethics commission. Problem is, as prosecutors noted before, he repeatedly told the same story when talking to FBI and grand jury

Reminder: When the mailbox theft occurred Shiraishi was the head of HPD's Criminal Intelligence Unit, one of the most elite and secretive squads in the department

Cynthia Kagiwada now reminding Totto that the Kealohas can continue to pursue their lawsuit and ethics complaints against him after the trial

A former FBI agent who specializes in video enhancement now on the witness stand. He's talking about getting copies of the mailbox theft video, posted again here for your convenience

Cleaned up images aren't a huge improvement.

But the expert did acknowledge that the enhancements could pick up certain facial features, such as facial hair. It looks like the guy taking the mailbox has some scruff. (Gerard Puana is typically clean shaven.)

We have another witness on the stand talking about how Alison Lee Wong doesn't seem to exist. The witness discussed a strange exchange of emails with Wong about her inviting him to a party for people he didn't know and then cancelling it

Next witness is Gerald Kurashima, who represented Florence and Gerard Puana in their civil lawsuit against Katherine Kealoha

That lawsuit is considered one of the driving factors behind the alleged framing of Gerard Puana civilbeat.org/2014/09/missin…

But back to Alison Lee Wong...

During a short break with the jury out of the room, Judge J. Michael Seabright, asked if the prosecution planned to bring out more witnesses to dispute Wong's existence.

"I’m thinking we’re getting to a place where there’s enough," Seabright said.

Gov't now trying to prove Katherine Kealoha lied while testifying under oath in the civil trial against Florence and Gerard Puana. Kealoha would go on to win that trial and be awarded more than $600,000 in damage by the jury. The case is on appeal

The last thing jurors heard before leaving for a week-long break was audio from Minh-Hung "Bobby" Nguyen's grand jury testimony. A common refrain?

"I can't recall"

Here's the latest dispatch... civilbeat.org/2019/06/kealoh…

My @CivilBeat colleague @yoohyun_jung and I are back in the courtroom after a week-long break for the #KealohaTrial.

Catch up on out what you might have missed from the first few weeks of the trial here civilbeat.org/2019/06/kealoh…

We're starting the week with a sidebar discussion between Judge J. Michael Seabright, defendant Katherine Kealoha, her defense attorney Cynthia Kagiwada and Earte Partington, who all of sudden wants to be co-counsel.

Will keep you updated on what we learn...

And now Katherine Kealoha has TWO defense attorneys — Cynthia Kagiwada and Earle Partington

Per Partington's practice "emphasizes DUI and other minor offenses, federal and state criminal and civil appeals, probation and post-conviction proceedings, attorney discipline, and advice on military law (NOT Veterans Law)"

Just talked to Kagiwada. She won't say who's paying Partington or whether he's working pro bono. When I asked Kagiwada if she was surprised about his entry into the case she responded, "No comment."

OBSERVATION — this one courtesy of @yoohyun_jung — all three prosecutors, Michael Wheat, Joseph Orabona and Colin McDonald came back from the break with fresh haircuts

First witness of Day 13 of the #KealohaTrial is Scott Glenn, who is the head of the Hawaii Office of Environmental Quality Control. That's the same position Katherine Kealoha once held

FBI Forensic Accountant Laurice Otsuka now on the witness stand. She's the one who followed the money from the reverse mortgage on Florence Puana's house to a joint bank account controlled in part by Katherine Kealoha

Otsuka says it took K. Kealoha about six months to drain $148,000 out of her grandmother's bank account.

Among the expenses: Mercedes Benz car payments, $2,000 Elton John concert tickets and a $24,000 party for L. Kealoha at the Sheraton Waikiki

Documents show Katherine Kealoha once took $13,000 from her grandmother's account for a down payment on a $75,000 Maserati

Louis Kealoha's defense lawyer Rustam Barbee again trying to distance his client from his wife, Katherine, while cross-examining Otsuka. Barbee specifically noting that L.Kealoha was not a signor on the reverse mortgage account

Gov't rests its case. Katherine Kealoha's attorney now asks for an acquittal for her client

And now the remaining defendants are joining in saying that the gov't hasn't proven its case that there was a conspiracy to frame Gerard Puana

Judge J. Michael Seabright denies the motions to dismiss the case after hearing Assistant U.S. Attorney Michael Wheat explain how a conspiracy is a "living, breathing thing"

Seabright said it appears to him that there's a "treasure trove" of circumstantial evidence linking the defendants together in an attempt to frame Gerard Puana

Two people who just walked into the courthouse: Gerard Puana and Daniel Sellers

Rustam Barbee called a single witness before resting his case on behalf of Louis Kealoha. That means the former chief will NOT testify in his own defense

The witness was Yvonne Haxton, who works at Sand Island Treatment Center. She testified about Gerard Puana getting kicked out of the program in 2011 for threatening his roommate. Puana had previously said he left voluntarily

Minh-Hung "Bobby" Nguyen's defense attorney Randall Hironaka just called Daniel Sellers to the witness stand. Sellers was once a co-defendant in the case. He's since pleaded guilty

Sellers still on the stand. About to be cross-examined by Assistant U.S. Attorney Michael Wheat. Here's what Sellers pleaded guilty to civilbeat.org/beat/hpd-serge…

Sellers now testifying about the 25-30 officers who were charged with conducting surveillance on Gerard Puana after he was suspected of stealing the police chief's mailbox. That's right TWO DOZEN officers assigned to a missing mailbox case

Sellers done. Randy Hironaka, for Bobby Nguyen, rests his case.

Katherine Kealoha's attorney Cynthia Kagiwada just called her first witness — Gerard Puana.

He already testified. You can read about that here: civilbeat.org/2019/06/we-wer…

Welp, that was fast. Kagiwada asked Puana if he remembered some incident w/ Kealoha that occurred on Sept. 21, 2011. He said he couldn't. Now he's gone

"If she does not testify then I think we should be done by tomorrow," Kagiwada on whether her client, Katherine Kealoha, will take the witness stand

Here's something you should know about Katherine Kealoha's NEW defense attorney: He once won an acquittal for a woman accused of animal cruelty after she bashed a peacock over the head with an aluminum baseball bat civilbeat.org/2019/06/kather…

Welcome to Day 14 of the #KealohaTrial!

The question of the day is: Will Katherine Kealoha testify?

As Assistant U.S. Attorney Michael Wheat said yesterday: "The vast amount of evidence is against Ms. Kealoha."

She's accused of bilking money out of her uncle and grandmother then framing the uncle for the theft of her mailbox after he sued her for elder abuse and fraud

Katherine Kealoha's attorney Cynthia Kagiwada just called HPD Det. Dru Akagi to the stand. Here's what he said when he was a witness for the prosecution civilbeat.org/2019/05/why-us…

Akagi again came to testify with Michael Green in tow. Green is one of the premier criminal defense lawyers in the state of Hawaii

And the mailbox is back in the courtroom...

For those of you wondering what this is all about:

Katherine Kealoha now having a sidebar with Judge Seabright and her attorneys. Kealoha is doing most of the talking. Again: Will she testify?

OBSERVATION: Katherine Kealoha's new defense lawyer Earle Partington is no longer in courtroom. During the break he put on his hat and left. Seems like an odd time given the fact his client is now presenting evidence in her defense

"I believe she’s still not decided for sure whether she’s going to testify or not." — Cynthia Kagiwada on her client Katherine Kealoha

Earle Partington is back in the courtroom! (He told me he was prepping a witness.)

That witness, per Partington, is Kevin Sumida, the civil lawyer who represented the Kealohas for a long time. Here's one of my favorite @CivilBeat photos of Sumida, who is definitely trying to hide from @corylumphoto's camera

Prosecutors once filed a motion to have Sumida kicked off the Kealohas' criminal case due to a conflict of interest. He withdrew as their lawyer before the motion was heard before a judge. Here's why the feds were worried... civilbeat.org/2017/11/explos…

In case you didn't click through to that last piece

Partington now telling the judge he wants Sumida to testify about how he had no doubt Katherine Kealoha would win the civil case filed against her by Gerard Puana thus undermining the motive behind the mailbox theft frame job

"Their case was so strong that they woud not lose," Partington said.

"What kind of lawyer says that?" Judge J. Michael Seabright asked. He then suggested that any lawyer expressing that level of confidence increase their malpractice insurance coverage

Michael Wheat now cross-examining Kevin Sumida. It. Is. Uncomfortable.

Sumida can't seem to remember key details of the civil litigation the Puanas filed against Katherine Kealoha that accused her of bilking them out of hundreds of thousands of dollars

Here's another key moment of Wheat's grilling of Sumida courtesy of @LynnKawano

https://twitter.com/LynnKawano/status/1141137926467682304

Sumida tells Wheat he doesn't know how much Katherine Kealoha owes him for legal services, but said it's more than $500,000

Jury is done for the day. Still no decision on whether Katherine Kealoha will take the witness stand. We should 🤞 have an answer tomorrow morning

Back for Day 15 of the #KealohaTrial. Proceedings have yet to begin, but here's what went down yesterday civilbeat.org/2019/06/as-kat…

Again, the question on everyone's mind is: Will Katherine Kealoha testify?

Nope. Cynthia Kagiwada just said the defense rests. Now on to the next defendant, Derek Hahn, who's represented by Birney Bervar

Bervar wants to show that when his client was in Kahala around the time of the mailbox theft he was actually doing work for side job selling solar panels

https://twitter.com/nickgrube/status/1134551242754076672

The witness on the stand now is Scott Clough, an electrical contractor, who says Hahn used to work for him from 2012-2013. Clough said Hahn would send him emails w/ photos from the various job sites

Clough now being cross-examined about installing solar panels at Louis and Katherine Kealoha's home in 2013. He said it was a $45,000 project, but that Hahn asked him as a favor to do it at cost, which is closer to $25,000

Apparently, Derek Hahn earned more than $200,000 in 2012 in extra income from his solar gig with Clough

Clough just clarified that Hahn earned the $200,000 in 2013 (not 2012 as previously stated) and that it came from $1 million in solar sales

Clough admitted he did the $45K project for the Kealohas because he thought it would lead to a bigger job. Prosecutor Colin McDonald described this as a possible "bribe" of a city official. Clough said he wasn't trying to get city work

Bervar's next witness is a computer forensics expert who found that photos provided to him by Hahn from a solar job were taken between 8:16 a.m. and 8:25 a.m. on June 22, 2013, the day after the mailbox theft when cell phone records show Hahn was near the Kealoha household

That would indicate he was working his solar job at that time and not participating in the theft investigation that the government says was part of a frame job ... BUT!

On cross-examination Assistant U.S. Attorney Joseph Orabona is pointing out that the metadata from the photos — taken with an iPhone 4s — can be manipulated to change the dates. He also pointed out that the GPS data was turned off, meaning you can't know where the pics were shot

Bervar's expert — who admitted he didn't review the actual phone used to take the pictures — said he didn't find evidence of tampering or fraud

Now Bervar has called a witness who's attempting to explain why his client's cell phone pinged a tower near Gerard Puana's residence on June 21, 2013, the day the Kealohas' mailbox was stolen.

Again, according to the witness, he had a solar appointment in the area

Bervar rests his case for Derek Hahn

Only defendant left is Gordan Shiraishi, who's represented by Lars Isaacson

Isaacson wants to paint his client, who is accused of repeatedly lying about his involvement in the mailbox theft investigation, as forgetful.

REMEMBER: Shiraishi, seen here, was the head of the HPD Criminal Intelligence Unit in 2013 when the Kealoha mailbox was stolen

An observation on Isaacson in the courtroom: There are a handful of jurors who giggle nearly every time he stands up to talk. And it's not because he's telling jokes

Here's one thing that won't be discussed in detail during the #KealohaTrial: The verdict in the Puanas' civil lawsuit against Katherine Kealoha. Check out @ilind's piece for the necessary background ilind.net/2019/06/18/kea…

Um, so that's it for the defense.

Lars Isaacson called a single witness, retired HPD officer Gordon Gomes, who testified about whether captains sign daily attendance sheets.

No cross-x from prosecutors.

Read this if you want to go deeper than the live tweets civilbeat.org/2019/06/kealoh…

Welcome to Day 15 of the #KealohaTrial. The day begins with Assistant U.S. Attorney Michael Wheat calling Katherine Kealoha's civil lawyer Kevin Sumida a liar based on his testimony from earlier in the week civilbeat.org/2019/06/as-kat…

Sumida was caught on video flipping through files on the witness stand during a break. When Wheat asked him under oath whether he did that Sumida said on three occasions that he was not ... there's more

Wheat said it looked like Sumida might have taken something out of the files

Oof. Wheat just told the jury that it might take him an hour to read them the jury instructions in the case

Charles Goodwin, the U.S. Marshal for Hawaii, on the witness stand talking about observing Sumida on the witness stand during a break in the trial "thumbing" through files

That's it! All the evidence is in. Closing arguments are expected to begin Tuesday

Here's my piece about Sumida giving false testimony on the witness stand civilbeat.org/2019/06/prosec…

WATCH: Courtroom video shows Kevin Sumida searching through a bundle of legal documents during a break in the #KealohaTrial

And here's the transcript from federal court showing Sumida denying he looked through the records at all, which of course is not what the video shows

Back in the courtroom today for the #KealohaTrial. Both sides have rested and the lawyers are now going over the jury instructions, which will be read before closing arguments. But more importantly...

HAPPY ANNIVERSARY!!!!! 🎉🎊🎁🎉Six years ago today the Kealohas' mailbox was stolen. As we all know, a lot has happened since then...

Here are the highlights from today's hearing so far:
- The judge wants a closed-circuit broadcast of closing arguments in a 2nd courtroom so more people can watch
- Seabright also clarified why he allowed the gov't to bring up Sumida's lies on the witness stand — for impeachment

Seabright also denied a renewed attempt by the defense to have the charges against their clients dropped because of insufficient evidence. As Seabright said earlier in the case there's a "treasure trove" law.cornell.edu/rules/frcrmp/r…

But probably the most important thing Seabright said today was about the press. He called us all “hardcore” for suffering the tedium of jury instruction

Closing arguments today in the #KealohaTrial. Lots of people in the courtroom. The security line snaked through the foyer when @yoohyun_jung and I arrived civilbeat.org/2019/06/heres-…

A lot on tap today. The judge will start by reading jury instructions, followed by a couple hours of argument from the prosecutors and then several more by the five defense lawyers, who each are allotted 1 hour 15 minutes before the government gets a chance at rebuttal

To understand the complexities of a conspiracy and hear how much time the Kealohas and their co-defendants might face if convicted tune in to a @CivilBeat podcast in which @yoohyun_jung and I talk to federal defenders Peter Wolff and Alexander Silvert civilbeat.org/2019/06/podcas…

Jury instructions are over. Now the show begins...

"You have now heard the story of corruption, of abuse of power, greed and manipulation."

Those were the first words from Assistant U.S. Attorney Joseph Orabona as he began laying out the government's case in the #KealohaTrial

Orabona didn't have a chance to get into his flow before Katherine Kealoha's new defense lawyer Earle Partington's cell phone starts ringing. Instead of silencing it he stands up and walks out of the courtroom while it rang. The judge's eyes...

"Who is Alison Lee Wong? She’s here. She’s in the courtroom today. She’s sitting right there," Orabona says as he points directly to Katherine Kealoha civilbeat.org/2017/10/hpd-co…

Orabona hammering on how Katherine Kealoha spent $135,000 of her grandmother's money in 6 months. Makes clear that Louis K. benefited too, esp. when his wife brought home a Maserati & Mercedes.

Here's K. Kealoha's grandmother Florence Puana testifying as an alleged victim

Orabona stitching together all the evidence in a linear fashion. This is what needed to happen in order for the jurors to understand the government's case, which relies on a lot of complicated, circumstantial evidence

He's now talking about how Katherine Kealoha once tried to frame her uncle Gerard Puana for elder abuse. Here's the back story: civilbeat.org/2019/05/office…

Orabona telling the jury that Katherine Kealoha, a city prosecutor, was acting as a member of the "secret police" force that worked to frame her uncle. "She’s directing the police what to do," he said.

Prosecutors says that one person's actions in a conspiracy can convict others of the same crime. "If you're in for an inch you're in for a mile," Orabona said.

In addition to the overarching conspiracy to frame Gerard Puana, the defendants face a series of separate charges. Orabona is going through them now

Count 2

Count 3

Count 6

Count 8

Count 10

"Let's talk about Kevin Sumida..." civilbeat.org/2019/06/prosec…

Orabona now instructing the jury that they can now dismiss Sumida's testimony because he lied. Says Sumida is no longer credible.

First round of closing from the prosecution is done. Those I’ve talked to here have said it was much better at fitting the pieces together than the government’s opening statements

Next up is former HPD chief Louis Kealoha’s defense attorney Rustam Barbee

Earle Partington filled us in on his ringtone. It was "Little Talks" by Of Monsters and Men

Barbee started off by thanking the jury on behalf of him and his client, Louis Kealoha, who stood up and nodded at them. Then he said the government's case is only a "conspiracy theory."

"It’s a theory based on suspicion, speculation and imagination."

Barbee wants to prove six points during his closing arguments...

1) Louis Kealoha did not enter into any conspiratorial agreements to break any laws

2) When he identified Gerard Puana as a mailbox theft on the witness stand during a 2014 criminal trial it was merely his opinion not a deliberate lie

3) He was not involved in the financial dispute between his wife, Katherine Kealoha, and Gerard & Florence Puana, who accused her of stealing their money

4) The mailbox was not set-up for the theft. Instead, it was installed incorrectly, which is why it was so easy to pull from the post

5) Gerard Puana did not have an alibi the evening of June 21, 2013 when the Kealohas' mailbox was stolen

6) After six years of "intensive investigation" no other suspect for the theft has come to light

Barbee's closing argument is taking place as the jury stares at an unflattering mugshot of Gerard Puana after his 2011 arrest for unlawful entry into a dwelling

Barbee now trying to argue that HPD's Criminal Intelligence Unit is not a secret police force. But... civilbeat.org/2017/10/covert…

I mean, this case...

https://twitter.com/KenLawdogLawson/status/1143661514840129536

Barbee shows the jury another mugshot of Gerard Puana: "He's got a neck."

(Several witnesses said the guy caught in surveillance video didn't look like Puana because he had a neck and Puana, a power lifer, has no neck) civilbeat.org/2019/05/office…

"There’s no evidence of this imaginary frame job. You have to ask yourself if you’re going to frame somebody would you recruit a bunch of policemen to help you do it?" — Rustam Barbee

Barbee is done. Now we hear from Cynthia Kagiwada, who's Katherine Kealoha's court-appointed defense lawyer

Kagiwada said that the government's case is "complex, complicated and convoluted"

"You may not like everything you’ve heard about Kathy in this family dispute. But that is not what is at issue." — Kagiwada reminding the jury that this case is about the conspiracy to frame Gerard Puana, not the alleged theft of $$$ from the Puanas

Kagiwada now trying to paint Gerard Puana as a tax dodger. Thing is — based on the evidence presented at trial — Puana didn't earn enough money to pay taxes

I'm waiting for Kagiwada to address the Maserati. Or the Mercedes. Or the $24,000 party for L. Kealoha. Or the Elton John tickets. Or the trip to Disney Land

Instead, she's going after Gerard Puana. She said he wants to see his niece go to jail so he doesn't have to pay her more than $658K in damages from a civil lawsuit

(The case is on appeal and the gov't has said the case was tainted by false testimony and false documents.)

"When he gets angry he lashes out," Kagiwada said before asking the jury to remember the video of him throwing a coffee cup at the Kealohas' house

In other news: I could use some caffeine

(GIF ☝️ by @yoohyun_jung)

Derek Hahn's defense lawyer Birney Bervar now sticking up for his client: "The evidence shows that Derek Hahn just did his job as a police officer."

Bervar is now ripping apart Niall Silva's testimony. Here's what you need to know about how Silva fits into this case. He admitted to taking part in the conspiracy in December 2016 civilbeat.org/2016/12/ex-off…

And this is what Silva said on the witness stand during the #KealohaTrial civilbeat.org/2019/05/my-hea…

Bervar has given Silva a nickname: Lying Niall

Read this for a better sense of Hahn's defense civilbeat.org/2019/06/kealoh…

Bervar just finished. Closings will finish up tomorrow with closing arguments from the defense attorneys for Minh-Hung "Bobby" Nguyen and Gordon Shiraishi. The government will also have its chance for its rebuttal closing

There was another odd development in court today involving Katherine Kealoha's new defense attorney Earle Partington...

Partington said Kealoha wanted him to give closing arguments instead of her court-appointed attorney Cynthia Kagiwada, and he wanted to put on the record that Judge Seabright ruled against it.

Seabright's response? "I told you that it is very unlikely but I did not rule on it."

This could be part of Partington laying the foundation for a future appeal if his client is convicted

Another possibility is that it's a reaction to Kagiwada telling jurors that if they find her client "not guilty" of conspiracy they must find her "guilty" of the other counts. The judge corrected her. But that's still a pretty big mistake on the big stage

Can we talk about that book Kevin Sumida was reading again?

https://twitter.com/KenLawdogLawson/status/1143661514840129536

At first blush it seems incredibly tone deaf for a lawyer accused of lying on the witness stand to sit outside the courtroom where he was caught giving false testimony reading a book titled, "Licensed to Lie." But on further inspection...

The full title is this: "Licensed to Lie: Exposing Corruption In The Department Of Justice." Maybe Sumida was trying a send a message? kirkusreviews.com/book-reviews/s…

On Day 18 of the #KealohaTrial we expect to hear closing arguments from Randall Hironaka and Lars Isaacson, who represent Minh-Hung "Bobby" Nguyen and Gordon Shiraishi. After they're done the government gets to close it out before kicking the case to the jury for deliberations

Hironaka just launched into his closing argument. Twice the prosecution has objected to his statements and twice Judge Seabright has sustained the objections

Two more sustained objections, including one about Hironaka misstating testimony. Seabright clearly upset. Piercing his soul with his eyes

Hironaka arguing that everything that happened was just normal course of business at HPD. If the chief's mailbox is stolen of course you're going to be your best and brightest on the case, he said.

"There’s no conspiracy in this case. It’s police officers doing their job."

Hironaka tells the jury not to believe three government witnesses so far: Jaunette DeMello, Florence Puana and Niall Silva

There's a reason Hironaka wants to undercut Florence Puana's testimony. It's because she says she once mistakenly told Bobby Nguyen that Gerard Puana's car was white when it's actually silver. Here's why that matters in this case civilbeat.org/2019/04/defend…

Gordan Shiraishi's lawyer Lars Isaacson has busted out an easel for this closing arguments.

Isaacson is downplaying Shiraishi's role in the case.

"I’ve mastered the phrase of, 'No questions,' because the vast majority of the evidence had nothing to do with Gordon."

Isaacson is a favorite of the jurors. Several of them chuckle when he speaks or makes a procedural slip up. He's likeable. You can tell just by the way they respond when he cracks a joke. They laugh. That's not always the case with the other defense lawyers

Now, on to what Gordon Shiraishi is charged with...

Remember: On June 22, 2013, the day after the mailbox theft Katherine Kealoha calls 911 to report the crime at 1:30 p.m.

The thing is CIU officers — who Shiraishi supervised — had already been at her home by 9 a.m. to collect surveillance video from the Kealoha residence

That left a hole in the timeline. How could there be CIU officers at the home BEFORE the crime was committed? That's where Shiraishi comes in...

Shiraishi told the Honolulu Ethics Commission, the FBI and the federal grand jury that the chief, Louis Kealoha, called in the morning to tell him his mailbox was stolen.

That's when Shiraishi said he contacted Derek Hahn to send someone to go collect the security footage

That testimony helped filled the gap in the timeline. But here's the thing, according to cell phone records analyzed by the FBI. That phone call never happened

What's more, Shiraishi said he remembers getting the phone call in the morning while he was watering his lawn at home. The gov't proved that wasn't true. Instead, he was playing in a golf tournament.

That's, in part, why he faces these charges in addition to conspiracy

Here's some insight into Isaacson's closing from Ken Lawson, a UH criminal law teacher who's been in the courtroom most days

https://twitter.com/KenLawdogLawson/status/1143982795514994688

Isaacson making the argument that his client didn't have criminal intent when he talked to the feds. He just forgot the details

Shows phone records from June 29, 2013, exactly one week after the 9 a.m. phone calls that never happened. Records show Shiraishi talked to the chief around 9 a.m. that time on that day.

"Gordon didn’t get things wrong by a couple hours he got it wrong by a week."

Says Shiraishi's false memory of what happened June 22, 2013 was reinforced, too, when the feds showed him a police report — later found to be false — that said HPD officer Niall Silva was sent to the Kealoha home at 9 a.m.

Isaacson's takeaway: "You can’t fill a hole if you don’t know the hole is there."

Also: This is my best reproduction of a drawing Hitonaka made for jurors to convince them his client, Bobby Nguyen, is not guilty (That’s why he circled the “NG” on the left)

*Hironaka

Here comes the government's rebuttal...

Assistant U.S. Attorney Joseph Orabona now debunking Isaacson's defense, saying it doesn't make sense. He lied to plug a hole in the timeline

The confusion between phone calls coming in on June 29 v. June 22 doesn't add up, Orabona said. Why would Louis Kealoha call Shiraishi to tell him that his mailbox was stolen on THE DAY Gerard Puana was arrested for the crime? The investigation had been ongoing for nearly a week

Orabona is now dismantling — piece by piece — the closing arguments for Shiraishi, Nguyen and Hahn

Orabona saved Louis and Katherine Kealoha for last. He said they had the true motive to frame Gerard Puana

Arguments over. Jurors headed into deliberations. Now we wait.

Got a bit of excitement today. In the courtroom now waiting on a jury note. I don't think this is the verdict. Most likely just a question for the judge. We shall see...

Jury Note #1: They're asking for a timeline of events. Judge J. Michael Seabright says no can do. They must rely on their memories and the evidence

Seabright also scolded the defendants and their attorneys. He said it took them too long to get to the courtroom. Said if it happenes again “there will be consequences”

There’s a verdict!

We’re all milling outside the courtroom. Prosecutors are here. So is the press. Waiting for the doors to open, the defendants to arrive and the jury to deliver its decision

So you know it’s real. This is the official notification from the court notifying the press of the verdict. We’re all still waiting for the courtroom to open

Jurors just entered the room

Judge looking through the verdict form now

So quiet

Louis and Katherine Kealoha guilty of conspiracy. Same with Derek Hahn, Minh-Hung "Bobby" Nguyen. Gordon Shiraishi NOT guilty

The Kealohas, Hahn and Nguyen also guilty of obstruction

Shiraishi not guilty of all charges

Government just asked to take Katherine Kealoha into custody. Judge said he'll take up the matter tomorrow morning during a special hearing

Here you go... civilbeat.org/2019/06/jury-c…

My fingers hurt. My head is swimminng. Been a hectic couple of hours and an exhausting several years. Just remember y’all: There’s more to come...

Honolulu Mayor Kirk Caldwell just issued this statement about the verdict. He spelled Katherine Kealoha’s name wrong

Caldwell also said it's "time to move on." I don't think he can do that considering one of his top cabinet members received a target letter from the DOJ implicating her in criminal activity civilbeat.org/2019/01/police…

The Kealohas also face a second trial in relation to their alleged financial crimes. Katherine Kealoha additionally is accused of running a prescription drug ring with her brother and using her position as a city prosecutor to cover it up civilbeat.org/2019/03/how-an…

Not only that, Honolulu Prosecuting Attorney Keith Kaneshiro also faces potential criminal charges. Remember: He also received a DOJ target letter civilbeat.org/2019/03/embatt…

It's also important to remember that Caldwell has been hiding from this issue for years, pretty much since the beginning civilbeat.org/2014/12/caldwe…

His administration also helped undermine the one city organization — the Honolulu Ethics Commission — that was investigating the Kealohas civilbeat.org/2016/06/how-ca…

This is what the DOJ says the Kealohas and their co-conspirators face at sentencing after being convicting of framing Gerard Puana

Tomorrow we find out if Katherine Kealoha will be detained until sentencing. The gov't filed a brief that says why they think that's prudent. The first sentence reads: "For over a decade, Katherine Kealoha has repeatedly flaunted the law, leaving countless victims in her wake."

By popular demand — ahem @KenLawdogLawson — here's a link to the full brief assets.documentcloud.org/documents/6174…

Headed back to the courthouse w/ @yoohyun_jung to find out if Katherine Kealoha goes to jail today

Katherine Kealoha in the courtroom now with her attorneys. One person not here? Her husband Louis Kealoha, who often came to court with her hand in hand

"This defendant is a walking crime spree." — Assistant U.S. Attorney Michael Wheat explaining why Katherine Kealoha should be detained while awaiting her sentencing

Alison Lee Wong again making an appearance in the courtroom today. Here's a letter Kealoha wrote to a friend after she was indicted trying to prove Wong existed in an attempt to undercut the gov't's case

Katherine Kealoha is going to jail. Judge J. Michael Seabright says he's concerned about her many attempts to obstruct justice.

Seabright said obstruction appears to be Kealoha's "bread and butter"

Special prosecutor Michael Wheat said today is the end of one chapter and there’s much more work to be done civilbeat.org/2019/06/kather…

Guess who paid Florence Puana a visit today? The prosecutors and FBI agents who investigated and convicted her granddaughter Katherine Kealoha

Here's your guide to jury's verdict in the #KealohaTrial civilbeat.org/2019/06/unders…