A former Hawaii Police Department assistant chief was in Circuit Court on Wednesday for a hearing about a motion to modify bail conditions.
Deputy Attorney General Elyse Oyama filed a motion to modify bail conditions and prevent Mitchell Kanehailua from obtaining documents, audio and body camera evidence. The case is being prosecuted by the State Attorney General because of a conflict of interest with county prosecutors.
Kanehailua posted $9,000 cash bail with conditions already set by the court. However, Oyama petitioned to add house arrest and GPS monitoring.
“The bail report recommended supervised release, but I maintained the bail the state requested,” said Circuit Court Judge Robert D.S. Kim. “The defendant posted cash bail, and now the state wants to modify bail conditions? I set the conditions. Nothing has changed since then and now.”
Kim said if there are other concerns, the state needs to make him aware of them.
“But no such underpinning exists to impose more conditions after he posted bail. He already has conditions set. If he doesn’t comply, I will forfeit bail,” said Kim, denying the motion. The second motion was regarding discovery evidence and what can be given to the defendant.
Defense attorney Ann Data said she has received redacted copies of some documents, which she has already shared with her client. When asked what and why the documents had been redacted, Oyama said witness and police addresses and phone numbers were redacted because the state had concerns he would use the information to harass them.
Kim responded by saying Kanehailua was a top administrator in the department and more than likely already knew that information.
It was agreed that Kanehailua can view the redacted copies of the documents, but not keep them in his possession.
Kim ruled any additional copies can be further redacted if necessary. In addition, the state agreed that Kanehailua may hear/view the audio and body cam evidence with his attorney, but not possess a copy.
Kanehailua initially was placed under arrest Oct. 22 for a violation of an order of protection and harassment stemming from a domestic disturbance call involving his ex-girlfriend, a detective with HPD’s Area II Criminal Investigation Section.
After conferring with the Department of the Attorney General, he was charged with violating a restraining order, first-degree attempted burglary, third-degree assault and third-degree attempted assault. His bail was set at $9,000.
Kanehailua pleaded not guilty and demanded a jury trial, which is set for Feb. 6.
