1. STATEMENT OF ALEXANDER SILVERT
PRESS RELEASE - AUGUST 16, 2016
I want to thank newly appointed Police Commissioner Loretta Sheehan for stating that she would request the
Commission to invite me to provide testimony regarding evidence of possible misconduct by high ranking
members of the Honolulu Police Department in the Puana case. This evidence was uncovered during my
representation of Mr. Puana when he was falsely accused of stealing Chief Kealoha and his wife’s mailbox. It
is clear to me that Ms. Sheehan, at least, wishes to make an honest attempt at fulfilling her duties and
responsibilities to the community as a Police Commissioner.
The case against my client, Mr. Puana, was dismissed in December of 2014 after Police Chief Kealoha caused
a mistrial. The United States Attorney’s Office later dismissed the case with prejudice after we disclosed to
them the evidence of police misconduct we had uncovered. Since then, almost 18 months ago, I have never
been contacted nor asked to appear before the Police Commission to discuss the events and evidence
surrounding the case. In fact, it appears that the only person the Commission has spoken to regarding the
allegations of misconduct by members of HPD and of Chief Kealoha is . . . Chief Kealoha. Having conducted
absolutely no independent investigation itself, other than taking the word of Chief Kealoha in a closed
executive session, it comes as no surprise that the Commission continues to unequivocally support Chief
Kealoha. The Commission’s unwavering support flies in the face of both former United States Attorney
General Holder and the FBI’s belief that the information we uncovered was credible enough to warrant what
has now turned into more than a year- long federal criminal investigation. One does not rely solely on the
word of the fox to tell you whether he stole and ate the chicken from the henhouse.
The Police Commission is an independent civilian agency. It is tasked with the responsibility of overseeing
the activity of the Police Department, in particular the Chief of Police. Based upon its inaction in this matter,
it is clear to me that the Police Commission is incapable of fulfilling its obligations to the community. The
Commission’s failure to serve the interests of our community is understandable, to some degree, because
not a single member of the Commission appointed by the mayor, other than Ms. Sheehan, has any legal or
law enforcement background. I have no doubt that the Commissioners themselves are good people. They
are, however, simply ill equipped and apparently incapable of or unwilling to perform the serious task for
which they were commissioned.
A prime example of the Commission’s lack of understanding of its responsibilities to act and appear to act as
an independent oversight agency is the fact that the Commission conducts its hearings within the Honolulu
Police Department headquarters itself. This requires members of the public who wish to bring complaints
against police officers and/or the Chief himself to walk through a gauntlet of officers before being able to
testify before the Commission. And then to testify before a room full of yet more officers. Such an
intimidating setting does not foster independence nor candor from members of the public. Rather, it serves
only to stifle free and open discussion, and thus to limit the information the Commission receives regarding
the conduct of HPD officers and of the Chief himself.
As a result, while I would have, at an earlier time, been willing to meet with the Police Commission, I no
longer have any belief that the Police Commission, as a whole, can or will act appropriately or responsibly in
this matter. At this late time in the process, Mr. Puana will rely on the federal grand jury for justice to be
done.