HONOLULU (HawaiiNewsNow) - Former Police Chief Louis Kealoha won't get a taxpayer-funded attorney to defend him in court in a civil lawsuit over the alleged mailbox frame-up.
Kealoha and his wife Katherine are being sued by her uncle for allegedly framing him for the theft of their mailbox.
At a Honolulu Police Commission hearing Wednesday, Kealoha's attorney argued that the city should pay for his defense because he may have been acting as the police chief when he testified improperly at the uncle's trial.
"Unless it can be proven with absolute certainty that he will not be found to have acted within the scope of his duties, ... you must defend," Kealoha's attorney Kevin Sumida said.
The police commission unanimously rejected that argument, finding that Kealoha was acting as a private citizen when he testified.
The city already rejected a similar request from Katherine Kealoha because she was a private citizen at the time.
The Kealohas have federal public defenders in an ongoing criminal case.
Adding to the Kealoha's troubles, federal prosecutors want to move the foreclosure action on the Kealohas' Hawaii Kai home to federal court.
The foreclosure battle has played out thus far with a suit in state court because they stopped making payments on the $1.25 million home.
But because the former chief and his wife have been indicted on federal public corruption charges, if convicted, their home could be forfeited to the federal government.