A-1 Podcast with A-1 Nick

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

Kenneth L. Lawson
Co-Director, Hawai'i Innocence Project
Faculty Specialist
Degrees

BA Wittenberg College  1986
JD University of Cincinnati College of Law  1989
Ken Lawson is the Co-Director of the Hawai‘i Innocence Project (link is external) (link is external) and a Faculty Specialist at the William S. Richardson Law School where he teaches Criminal Procedure, Criminal Law, Professional Responsibility, Evidence, and Hawai‘i Innocence Project. He had a successful practice in Cincinnati until his license to practice law was revoked because of misconduct while addicted to prescription painkillers. He pled guilty to the felony of obtaining controlled substances by fraudulent means and was sentenced to 24 months in prison followed by a year of supervised release.

Ken started his legal career as an associate in one of Ohio’s oldest and largest law firms. He eventually started his own firm, which grew to 12 lawyers. Over that 18 year period, he was lead counsel in more than a hundred criminal trials, including many murder and capital cases. He also litigated numerous civil rights and police misconduct cases in both federal and state courts, and had an active appellate practice. Ken won numerous cases that were considered by many to be“unwinnable." These and many of Ken’s other cases were followed closely by the media, and he made frequent appearances on CBS, ABC, CNN, CNBC, MSNBC, Court TV, and numerous radio shows. Some of these related to his own cases but he also was frequently asked to comment on legal issues in other newsworthy cases.

Ken’s high-profile clientele included NFL star Elbert “Ickey” Woods, star NFL and professional baseball player Deion Sanders, and entertainer Peter Frampton. More important to Ken, he represented many “everyday” people, including a single mother whose juvenile son, incarcerated in an Ohio prison for adults, had died after being stabbed 16 times by the leader of a racist hate group, the Aryan Nation. Approximately one-fourth of Ken’s cases were done pro bono. Since moving to Hawaiʻi, Ken has made presentations in the judiciary’s juvenile drug court program, a statewide gathering of county prosecutors, annual meeting of the government lawyers section of the bar, state supreme court’s mandatory professionalism program, state bar association’s annual convention, disciplinary board of the state supreme court, several law firms, the 2016 Annual Meeting of the American Bar Association and numerous others groups of lawyers. 

Ken frequently gives motivational talks to athletic teams, such as the University of Hawai‘i Wahine Volleyball team and the University of Hawai‘i Rainbow Warriors football team, and to an array of corporate groups. The law school’s Classes of 2014 and 2018 selected Ken to deliver their graduation address, and Ken received the Board of Regents' Excellence in Teaching Award in 2017. Ken is also serving his second term on the Board of Directors of the National Innocence Network.

Teaching areas: Criminal Law, Criminal procedure, Evidence, Criminal Trial Practice, Wrongful Convictions, Professional Responsibility, and the Hawai‘i Innocence Project

What are your thoughts is a show where A-1 Nick ask attorney Marcus Landsberg 3 random questions; the questions are a total surprise.  Conversely, he asks A-1 Nick 3 questions, also a total surprise.

In this episode, the pair discuss:

1) Blackout Tuesday - June 2nd, which was Blackout Tuesday, was a global event to protest against racial inequality.  It was a day of reflection and protest in the aftermath of George Floyd's death. It also aimed to help highlight black voices on all media platforms.

2) What was it like to be born and raised in Hawaii, then move to the mainland?  What did you notice?

3) Should the government re-open Hawaii.  At the time of this filming its June 3rd, and many states are opening up after closing due to the covid-19 pandemic. 
  
4) If you could travel anywhere new, where would you go?

5) What's a story you would like to share about racism?  

6) Tell me something good, anything good please!

Attorney Marcus Landsberg may be contacted at 

www.808crime.com
landsberglegal@gmail.com
Instagram -https://www.instagram.com/hawaiilawyer/?hl=en
Facebook - https://www.facebook.com/HawaiiLawyer/
Twitter - https://twitter.com/landsberglaw?lang=en

Acting City Prosecutor Dwight Nadamoto has been a prosecutor his entire professional life (30 years). 

As acting city prosecutor, he's currently running for the full time job of city prosecutor.  

On this podcast, A-1 Nick asks questions specific to:

-The controversial humanitarian release of inmates due to the threat of covid-19

-With no confirmed cases in any Hawaii jail or prison, is the emergency release justified?

-Are violent offenders being released? *yes*

-Why the prosecutor's office sometimes can't charge UCPV (Unauthorized Control of Propelled Vehicle) cases when suspects use the "Good Faith Defense."

-What separates Mr. Nadamoto from the field as a candidate for city prosecutor?

Eric Granof joined AIA in 2009 and is Vice President of Corporate Communications. 

In this podcast A-1 Nick of the A-1 Podcast poses several questions to Mr. Granof, like:

What is a risk assessment tool and how is it used to predict a releasee's return to court?

Have algorithms improved the court's ability to release defendants that do return to court? - No

Are risk assessment tools biased, racist, and/or deeply flawed? - Yes

They also discuss the mass incarceration myth that money keeps poor people in jail, the disasters of the New York Bail Reforms which have lead to increases in crime, and California's recent crime wave after the covid-19 emergency releases.

Attorney Michael Jay Green is one of the most successful attorneys ever in the state of Hawaii.

During the podcast, he talks about his early career in Chicago, representing various gangs like the Latin Kings, Latin Queena, Black P Stone Nation, and Jeff Fort himself.  

He also talks about winning the point shaving case against client John "Hot Rod" Williams.  Williams would later go on to sign the largest contract in NBA history at $23.5M

Mr. Green's conversation with A-1 Nick of A-1 Bail Bonds goes on to cover various topics like fashion, service and advocacy of clients, covid-19 / corona virus changes to the judiciary, and much more.  

It's April 2nd 2020 and Hawaii is in the third week of lock down due to the covid-19 pandemic.  The Supreme Court issued an announcement this afternoon assigning a "Special Master" to review the public defender's petition for the release of 426 inmates island wide.

Retired Judge Alm is currently running for city prosecutor and was gracious enough to participate in a podcast to discuss the judiciary's recent actions and discuss the future of public safety in the age of covid-19.

Defense attorney Myles Breiner talks about the effect of Covid-19 on the Hawaii Judiciary.

Subjects:

The New Future of how the judiciary can move forward in the era of pandemics.

The Pros and Cons of Teleconferencing and video conferencing

Mr. Breiner's inclination to run for City Prosecutor

The exposure of inmates to the cover-19 virus while in custody at OCCC, MCCC, KCCC, and HCCC.

The possibility of emergency release measure for inmates at all prisons.  

A-1 Nick of the A-1 Podecast recaps Tomi Lahren's presentation at the 2020 PBUS Winter Conference.

PBUS (Professional Bail Agents of the United States ™) is a professional association representing bail agents nationwide.

February 23-26, 2020, the PBUS winter conference took place in Las Vegas and hosted many keynote speakers.  

Tomi Lahren, a FoxNews contributor and host of FoxNation, spoke to a crowd of PBUS members at the Luxor Hotel and Casino.  

She mentioned the need for:

1) controlling the narrative of bail reform
-using buzzwords that help everyday people understand the bail industry and the dangers of badly engineered reforms

2) being true to oneself 
-never letting opponents silence you by calling you mean spirited names like bigot, nazi, or racist.  Just stay true to yourself and tell the factual truth, never be silenced.

3) skin in the game
-the rich and powerful people that are rarely the victim of crime predictably advocate the releasing of dangerous people, because this does not effect people in gated communities, or their own private security.  Instead, it only allows dangerous people, to continue the cycle of crime, within the marginalized communities they are re-released to. 

Lastly, A-1 Nick explains how Ms. Lahren's television persona differs from her in-person persona.  Yes, she is opinionated, but also yes, she is humble and willing to learn in order to relay the best, more accurate information on her show.

A1 Nick of the A1 Podcast sits down with city prosecutor candidate RJ Brown.

Mr.  Brown is a former deputy prosecutor and currently practices in the area of civil litigation.  As a Deputy Prosecuting Attorney for the City & County of Honolulu, he prosecuted more than 20 felony jury trials on charges ranging from drug possession to murder. 

Mr. Brown earned his Juris Doctor from William S. Richardson School of Law, University of Hawaii at Manoa.  

Mr. Brown has been selected to the 2019 Hawaii Super Lawyers®, "Rising Star" list  in the practice area of Business Litigation.

Mr. Brown has been a guest lecturer at the William S. Richardson School of Law, where he taught the Space Law and Policy class. He interned at the Hawaii Office of Aerospace Development which exists to help further growth of space and aerospace industries in Hawaii. 

In law school, Mr. Brown was a two-time “Co-Champion” of the Susan B. McKay Competition (2012, 2013), and a two-time quarter-finalist of the Manfred Lachs Space Law Moot Court Competition (2012, 2013). Mr. Brown was also selected by his peers to deliver the full-time student commencement speech for his graduating class.

Mr. Brown externed for Judge John F. Stavely, Boulder County Court, 20th Judicial District.

Mr. Brown attended the University of Colorado at Boulder where he earned his BA in Journalism while playing linebacker for the football team.  He was selected by players to be a team captain and earned Big XII academic honors.  Mr. Brown also graduated from Punahou School and has been a longtime volunteer for Big Brother Big Sisters Honolulu.

Former prosecuting attorney and current criminal defense attorney Megan Kau joins A1 Nick of A1 bail bonds to discuss her candidacy for Honolulu's 2020 City Prosecutor's race.

Megan K. Kau is a former city prosecutor (2010-2015) and current criminal defense attorney.  She has practiced in civil litigation, personal injury, and select felony criminal matters, mainly of which are white collar crime cases, homicides, and sexual assaults.  She has completely over 45 jury trials.

She is well known within legal circles for her successful prosecution of defendant Joseph Vaimili for promoting prostitution in the first degree.  Although Vaimili jumped bail, Ms. Kau successfully petitioned the court to allow for his prosecution, despite the fact his location was unknown during trial.  

Ms. Kau is a graduate of the University of Hawaii.  She graduated from Santa Clara Law School in 2003.  She is also a Certified Public Accountant (CPA) (non-practicing).

Link to the pretrial task force HCR 134 report available via link:
https://19of32x2yl33s8o4xza0gf14-wpengine.netdna-ssl.com/wp-content/uploads/HCR134-Task-Force-on-Pretrial-Reform_Final-Report_12.14.18.pdf