Podcast #10 - Algorithms, AI, Risk Assessment Tools Special with Eric Granof of AIA

In this special podcast, A-1 Nick interview current City Prosecutor Steve Alm.  During this year 1 review of his tenure as City Prosecutor, the following is discussed:

0:00 How has the City Prosecutor's office restored trust with the public?

2:35 What is the "Weed and Seed" program

6:20 Explain the "SEED" portion of the program coming soon in the next few months

9:47 Is "Weed and Seed" similar to "Stop and Frisk" policing?  

12:45 Since taking on the new role of investigating HPD officers involved in police shooting, has there been division between the City Prosecutor's office and HPD?  

18:38 Has your administration specifically targeted gameroom activity?

22:45 The City Prosecutor's office has recently used civil law to sue and shut down gameroom activity.  What was the thinking behind this new strategy?

26:00 How has the City Prosecutor's office changed from the last administration specific to the prosecution of domestic violence cases?

31:04 What are your thoughts on the Public Defender's third motion to categorically release inmates due to the covid-19 delta variant?

39:21 Compare and contrast the experience of serving time in Arizona (private prison) vs. Halawa (public prison).

45:50 How can technology like ZOOM help speed up case resolutions and lower pre-trial prison populations 

Attorney Thomas Otake made a bold move this second week of July by filing a Motion to Dismiss Murder Charges against his client, which is one of three officers charged with the murder of 16-year-old Micronesian teenager Iremember Sykap.

In the motion, he argues the charges of second-degree murder against officer Geoffrey H.L. Thom, 42, a five-year veteran of the force, and second-degree attempted murder against Zackary K. Ah Nee, 26, a three-year HPD veteran, and his partner Christopher J. Fredeluces, 40, who has 10 years of service with the department, should be dismissed with prejudice because prosecuting them by way of a complaint and preliminary hearing after an Oahu grand jury declined to return a true bill is "statutorily and constitutionally impermissible." 

Also in this podcast the the issue of double arrests per a single charge, which is typical in the state of Hawaii.  Unfortunately, clients often times have to be booked TWICE for the same criminal matter.  In some cases the original bail bond transfers over to the second booking, however, in many cases, a second bond posting is required.

0:20 Attorney Thomas Otake’s motion to dismiss murder charges on “The 3”

1:18 Prosecutors are NOT allowed to prosecute class A felonies via preliminary hearing

3:00 No Bill means the Grand Jury rejected prosecution on The 3 

5:53 YES or NO, does the District Court have authority to indict Class A felonies?  

7:11 Hawaii constitution protects citizen from certain charging procedures 

11:53 Either District court may proceed in class A indictment or it can open up an appellate bomb (an appeal) 

13:45 Bill Cosby immunity example 

14:25 - Justice is procedural 

22:23 - Government overreach - Police and Prosecutors M.O.

33:40 Victor talks about his big dismissal win because of a defective grand jury proceeding.  

0:30 - Senate Bill 10 and AB42 - How cash bail was originally banned in California

9:00 - What was Proposition 25? How did it reinstitute the previous cash included system? 

21:22 - What's the difference between a Bail Bond fee, Loan Sharking, and Usury

28:20 - A-1 Nick calls out the radical left on language use; bail bond fee is not a ransom

37:02 - Pre-trial services: Why does the cash free public release solution never get called out for failing to help indigent clients

42:00 - Minnesota Freedom Fund - Do charity organizations misuse cash bail money?

44:00 - Kenneth Humphrey - $600K to $350K bail bond - Judge need to take into consideration the defendant's ability to pay.  

50:30 - Lessons other states can learn from California's reversal on cash bail system.  Pro and Cons of having a system that can only "detain" or "release," inmates.

56:15 - Senator Hertzberg's continued attack on bail bond industry

Hawaii's economist PAUL BREWBAKER is a local legend among Honolulu's business community.  Known for his local story telling abilities, he's been a featured speaker on all things economic for over 25 years.

Mr. Brewbaker has a degree in Economics from Stanford, and a PHD in Economics from the University of Hawaii.

He's been a lecturer at UH since 1987 and was the Bank of Hawaii's  Senior Vice President and Chief Economist for 25 years.  

On this podcast, Mr. Brewbaker breaks down the Gamestop short Squeeze.  Here's the show notes:

0:00 - What are your thoughts on Gamestop?

8:51 - Institutional, Quant, and Technical traders looking down on retail investors

20:36 -  Occupy Wall Street, populism, and social media's effect (Wall Street Bets / Reddit Army) on trading & volatility

29:45 - Clearing Houses and Robinhood platform

34:34 - Democratization of the financial system, atms, and clubbing in the 70's

38:49 - What is a bubble?

40:44 - Liquor, Ladies, and LEVERAGE

48:49 - The role of speculators, #yolo trades, and the "Chance em" risk thesis

0:15 - CNN interview Myles Breiner
1:00 - Criminal Charges for protestors at National Capitol?
2:29 - How to give voice to deplatformed voices - Parlor App
7:24 - Election fraud real or fake?
10:21 - Setting client up for arrest at airport
14:00 - Public defender client refused travel request
17:37 - Kathy and Louis Kealoha's house sold for profit
27:50 - Judge Alm will be a great City Prosecutor prediction 

0:30 Michael Hirokawa Capitol Place Sex Assault Bail Hearing
8:41 Asian Massage Parlor Raids
10:09 Forfeited assets go straight from massage parlor to prosecutor's office?
14:00 Are raids a revenue source for the City Prosecutor's office?
15:30 Louis Kealoha's $455,000 restitution
16:30 Enhanced sentencing justified for Louis Kealoha?
17:30 $250,000 Golden Parachute Restitution order pending?
21:54 Target letter to head of corporate counsel Donna Leong
25:49 Getting in touch with attorney Megan Kau

The Honolulu prosecutor’s office has been rocked by scandal, and questions about ethics and leadership.

Ms. Megan Kau, one of two candidates making it onto the November general election ballot, is running on the platform of 1) ending corruption 2) charging all levels of crime, and 3) offering a fresh new leader for the office.

Questions asked are:

0:28 - If elected, give me the names of the current prosecutors you will FIRE or ask to leave.  

2:22 - Why was Mayor Caldwell wrong to suggest welcoming back and reassigning attorney Donna Leong a year after she received a target letter from the Feds

6:00 - Are "stay at home order" citations constitutional and/or legal?

9:16 - Some question your success and even suggest you're running just for a paycheck; how do you respond?

11:40 - What was the transition like from the prosecutor's office to private practice?

14:13 - What was your family situation like growing up?

16:00 - Why are you so high on the Habilitat program?  

19:56 - Who should replace Nolan Espinda as head of the Department of Public Safety?

20:48 - How do you project DPS will deal with jail overcrowding?

23:53 - Bail Bonds as a luxury brandy

24:49 -  The prosecutor needs to be a community leader

25:33 - Thoughts on #defundthepolice

27:32 - Are your leadership abilities questioned because you're a woman?

29:39 - Shortcomings of the Keith Kaneshiro administration

32:29 - Being yelled at for 20 minutes from the partner of a law firm

35:18 - Does charging low level crimes further disenfranchise the fragile? 

38:00 - Is crime down or just going unreported?

39:00 - Revolving door of arrests and violence escalating

42:40 - Can you refuse police search of car of home?

44:30 - Court hearing via video conferencing , e-filing, do you embrace all things digital?

46:22 - Ms. Kau wins a federal case via phone

48:15 - End corruption , bring change

0:24 - Erik Willis, Kahala teen accused of stabbing, was falsely said to be "on the run," "missing," and "arm and dangerous." Mr. Seitz, his attorney, sets the record straight

6:50 - Was Erik Willis' right to reasonable bail violated when raised to $1M , then set at "no bail." Mr. Seitz also compares the state bail system to the federal bail system. 

10:30 - Are there issues with the Department of Public safety giving inmates medications/prescriptions late or not at all?

12:30 - Only recently has OCCC actually administered covid-19 / corona virus tests en mass. Previously, tests were just temperature checks, twice a day, and only upon registering a fever, did an inmate get care.

13:15 - Will HPD, Department of Public Safety detainees and employees SUE the State of Hawaii over unsafe covid-19 conditions?

16:30 - Do double bookings expose inmates and employees alike to covid-19 twice?

17:17 - What lessons can the court learn from covid-19

19:55 - Mr. Seitz talks about the $80K settlement for the lesbian couple arrested at Foodland Pupukea.

22:41 - Mr. Seitz talks about his experience with the trial of the Chicago 7

29:33 - Mr. Seitz friendship / connection with Jane Fonda

38:00 - What's the latest on the civil case against Katherine Kealoha on behalf of client Gerard Puana?

Steve Alm is a former Judge, Prosecutor, and United States Attorney.

Born in Honolulu and raised in Manoa and Kaimuki, Mr. Alm joined the Honolulu Prosecutor's office in 1985, where he served as Director of the District and Family Court Division.  In 2001, Mr. Alm became the first career prosecutor to be appointed to the First Circuit Court in Honolulu.

A-1 Nick asks Judge Alm:

What is the future of HOPE probation in the state of Hawaii?  Are there any changes to the program, or points of improvement, you'd like to discuss for future iterations?
-Judge Alm pitches "pre-trial HOPE" a way for defendants that most likely can't qualify for cash bail, bail bond, or release on their own recognizance (OR) or supervised release (SR).   

May I know your position on a new jail to replace OCCC?
-Judge Alm pitches buying the Federal Detention Center and converting it into Honolulu's newest jail since its close to the court, away from housing developments, and several times cheaper than building a brand new jail at a projected cost of $500M+

One of A-1 Nick's most popular videos on Stolen Stuff Hawaii, a facebook community dedicated to public safety, has to do with a potential new bill which would change the chief of police position from appointed to elected.  What's your stance on that choice?
-Judge Alm does not believe the police chief should also be a politician.

This question is for my friends in law enforcement.  Law enforcement officers sometimes get frustrated with the additional pressure put on their agencies to serve an info charging or grand jury warrant that comes out weeks or months after a defendant is released pending investigation.  Do you plan on engineering any changes, so that upon arrest, defendants are charged promptly, and RPI'd less frequently?
-Judge Alm wants to improve the charging process, so less defendants are charged after being "reeased pending investigation."

All the candidates have been very civil during the debates, however, because I've watched all of them, as well as most of the interviews each candidate has given, I can "read between the lines" and decode digs on each other.  Two candidates have asserted that you're "out of touch" with the job of city -prosecutor.  How do you respond to being called "out of touch?"
-Judge Alm counters this sentiment.

What is the "weed and seed" program, and how do you think a new iteration of that program would improve public safety?
-Judge Alm explains what the program is, and how it can be implemented in China town to reduce crime.

One of the most controversial situations during this current pandemic, is the emergency release of inmates.  Pandemics are not BLACK SWAN events, they have happened and will continue to happen in the future.  Given this reality, what best practices would you advocate for to improve the treatment of inmates during a pandemic?
-Judge Alm talks about case by case reviews for releases, building new structures for social distancing, gives props to the department of public safety which 100+ days into the pandemic, still has not had a single inmate test positive for cover-19.

A master manipulator abusing their power as a prosecutor is also not a BLACK SWAN event.  What guardrails do you believe can be implemented, so that another Kathy Kealoha doesn't abuse his or her prosecutorial power?
-Mentoring prosecutors and repremanding prosecutors for wrongful acts early is key to running a successful office that maintains the public's trust.  Berger v. US is the case which explains the role of the prosecutor and how to prosecute with ethics and integrity.  

Takashi Ohno is a Hawaii State Representative serving the Nuuanu, Liliha, Alewa Heights district (Pali area). He currently serves on the public safety committee and was vocal in his opposition to the emergency releases of inmates housed at OCCC due to Covid-19.  He has a bill ready for introduction next session to ELECT the chief of police.  Currently, the chief of police is appointed by the Police Commission.  

Emergency Releases:

As of the recording of the podcast, 6/26/20, there were zero active cases of covid-19 in any of jails or prisons locally both on the state and federal level.  Because of this fact, the emergency releases, which were founded on an "emergency humanitarian" basis, seem unjustified.  500+ inmates were released, and within 30 days, 57 re-arrests were confirmed.

One of the re-arrests,  was A-1 Nick's neighbor, whom A-1 has been a client of for 20+ years.  The elderly business professional was beaten up with a golf club by an emergency releasee.  This defendant had been denied supervised release, due to dangerousness to the community.  He was released anyway due to the emergency humanitarian release motion filed by the public defenders office.  He missed court, was picked up on the bench warrant, and now is awaiting sentencing in custody.  This is just one story of a re-arrest.  

Another alarming aspects of the emergency releases was the inability of the court to reconcile how homeless releasees would be able to also follow the governor's "stay at home" order to reduce the spread of covid-19 upon release.  

Unfortunately, no party took up the responsibility of finding shelters, in-patience drug treatment beds, half way homes, or a check in program via phone or "live" check ins through the Oahu intake service center.  These solutions were not implemented.

Mr. Ohno addresses the pros and cons of Special Master Foley's involvement in mediating the process for emergency releases.  A huge CON A-1 Nick points out, is that Special Master Foley refused the responsibility of granting a release or denying a release.  He foisted the responsibility back onto the jury trial judges, after making recommendations on a case by case basis.

Mr. Ohno discusses buying the current Federal Detention Center then converting it to a state jail.

Transparency has been a huge movement in reference to police discipline records.  Mr. Ohno and A-1 Nick discuss HB 285 which plans to make public the names of officers suspended or fired due to police misconduct.

Before elected office, Takashi was a public school teacher that decided that an educator’s voice was needed at the Legislature.

About Takashi

Mr. Ohno, has wholeheartedly jumped into the work to improve his community and state. From overseeing audits of the DOE to rewarding our best teachers, he has been a strong voice for education. Takashi has worked to reform government and passed legislation to better keep our politicians accountable.

Takashi developed an interest in government growing up because of his dad’s nightly habit of watching the NewsHour with Jim Lehr. Takashi admired his teachers in school and aspired to become one himself. He studied education at Linfield College and eventually became a public school teacher himself in Honolulu.

The spark that led him to elected office happened during the infamous “Furlough Fridays” debacle. Takashi followed the debate at the state capitol intently, and the more he learned, the more he grew frustrated, and the more he became involved. Takashi successfully ran for office against a long term incumbent and was elected to the Hawaii State House of Representatives in 2012. 

Takashi initially served as the Vice Chair of the Committee on Education championing greater investment in schools and modernizing