A Hawaii Police Department detective accused of lying to a Hilo grand jury in March pleaded not guilty Wednesday to charges of perjury and tampering with a government record.
Kona-based defense attorney Michael Schlueter entered the plea via courtroom video for his client, 54-year-old William Brown of Hilo, who was a detective in East Hawaii Vice Section when the alleged offenses occurred.
Also appearing via video from Honolulu was the prosecutor in the case, Deputy Attorney General Albert Cook.
Hilo Circuit Judge Peter Kubota set trial for Brown at 9 a.m. May 6.
During Wednesday’s proceedings, Brown — who stood alone at the defense table — answered routine questions asked by Kubota as part of mandatory advisements with “yes, Your Honor” and “no, Your Honor,” but was otherwise silent.
When the judge read the advisement that Brown was to not own or possess firearms, deadly weapons and ammunition and to turn in any in his possession to HPD, the judge asked, “I understand you have no need for weapons right now, right?”
“No, Your Honor,” Brown replied.
“So, that order will stay in place. If there are any circumstances which change, Mr. Schlueter can bring it to my attention,” Kubota said.
The complaint alleges that Brown, who was assigned to East Hawaii Vice Section at the time of the alleged offenses, made a false statement to the grand jury on March 15 in the case of Julissa Herrera, who was indicted on charges of first-, second- and third-degree promotion of a dangerous drug, plus possession of drug paraphernalia.
The charging document also alleges the 20-year department veteran made a version of the same allegedly fallacious statement in a written probable cause statement dated March 12.
Herrera, 34, of Hilo was a passenger in a stolen vehicle spotted by police on March 12 in the drive-thru of the Puainako Jack in the Box and stopped, according to court documents filed by police. Officers reportedly confiscated 33.24 grams of meth, 0.28 grams of heroin and a single tablet of oxycodone, a semisynthetic opioid painkiller.
Documents state police also recovered a pink pencil pouch resembling a stuffed animal and found a glass smoking pipe with meth residue inside the pouch.
Brown allegedly told the grand jury that Herrera told him “she entered the vehicle with only two items. One was her cell phone and the other was what she called a pink stuffed animal.”
The complaint alleges Brown knew his statement to the grand jury wasn’t true, but neither the complaint, nor documents available to the public or media explain how the statement was false.
The charges against Herrera were dropped on July 26.
Reed Mahuna, HPD’s acting deputy chief, told the Tribune-Herald on Wednesday he’s not aware of Brown being investigated by authorities for any cases other than the one involving Herrera.
“What I can tell you is that we are concerned,” Mahuna said, noting the possibility that other cases Brown investigated could legally be called into question.
“The administrative investigation is not complete. There may be other things that come of it I’m not aware of,” he added.
“This type of situation we take very seriously. When it came forward to the department, we took immediate action and we initiated a proper investigation. And while Detective Brown is, of course, to be presumed innocent — and he is due his due process — this is definitely a case that we’ve taken seriously from the beginning.”
“The public expects law enforcement officers to exhibit the highest level of integrity,” Acting Attorney General Matthew Dvonch — who is serving in that capacity while Attorney General Anne Lopez is out of state — said Wednesday in a statement.
“The Department of the Attorney General works with county law enforcement partners to hold accountable and prosecute anyone who violates the laws they are tasked with enforcing.”
Perjury is a Class C felony punishable by up to five years in prison and/or a $10,000 fine. Tampering with a government record is a misdemeanor with a maximum penalty of a year in jail and/or a $2,000 fine.
Brown, who was off-duty when arrested Tuesday by HPD, was placed on unpaid administrative leave by the department pending the outcome of his case.
He is free on his own recognizance, the least restrictive form of cashless bail.
