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The Honolulu Advertiser
Posted on: Tuesday, September 22, 2009

'No evidence' to support allegations of corruption against Hawaii judge


By Jim Dooley
Advertiser Staff Writer

There is no evidence to support allegations of corruption made against a state judge by a federal prosecution witness in the Pali golf course murder case, U.S. Attorney Ed Kubo said in a written statement.

The witness, Jonnaven Monalim, suggested in court testimony that he “had influenced and corrupted state Circuit Court Judge Michael Town,” Kubo said in the statement.
“There is no evidence supporting these allegations,” Kubo continued.
Town’s “many years of public service, leadership, and his fair(ness) and impartiality is unquestionable,” Kubo said.
“I have seen no evidence whatsoever to support any other conclusion during this investigation or elsewhere,” Kubo said.
Monalim was a key prosecution witness earlier this year in the racketeering and murder trial of Ethan “Malu” Motta and Rodney Joseph Jr., testifying that he wore an FBI-supplied body microphone to secretly record a conversation with Motta on the Big Island in October 2004.
Motta told Monalim he had a state judge "in his pocket" and hoped to beat the murder charges while the case was still scheduled for trial in state court, where Town was the presiding judge, according to Monalim.
Motta denied that allegation, and no evidence of such a relationship with the judge was introduced in the case.
During cross examination by defense lawyers, Monalim was accused of making up lies about Town to curry favor with federal law enforcement agencies, who were threatening to prosecute Monalim for drug dealing and money laundering.
Monalim denied those charges and said that during the recorded conversation, it was Motta who first brought up the name of Town during the conversation, according to Monalim.
"Did you feel that in some way slandering this judge would maybe get you a little more credit?" Motta’s lawyer, Charles Carnesi, asked.
"Negative," Monalim replied.
"Nobody involved in the prosecution indicated to you they were unhappy with some of the rulings this judge made?" Carnesi asked.
"I wasn't there to talk about Judge Town, period," Monalim said.
Town presided over the murder case of Joseph, Motta and a third defendant, Kevin "Pancho" Gonsalves, when it was still being actively prosecuted in state court.
Over the objections of prosecutors, Town allowed Motta to be free on $1 million bail, noting that, unlike Joseph and Gonsalves, Motta did not have a record of criminal convictions.
The three defendants were convicted in federal court of racketeering acts, including the 2004 murders of two men in the parking lot of the Pali Golf Course. The murders were part of an underworld turf war over protection services supplied to illegal gambling games in Hawaii, according to prosecutors.
Town declined comment on Monalim’s allegations when they were first made public and he did so again today, saying through his clerk that the Code of Judicial Ethics prevented him from speaking publicly about the matter.
State Judiciary spokeswoman Marsha Kitagawa also said her office had no comment on Kubo’s statement.
A group of prominent Hawai'i lawyers came to Town's defense in March, calling him a judge of the highest integrity.
They said the contents of the Monalim-Motta tape had wrongfully impugned Town's reputation and asked Kubo’s office and the FBI for an "explanation and apology."
One of those lawyers, Richard Turbin, past president of the Hawaii Bar Association, said today, “It is absolutely wonderful that Judge Town has been exonerated of any alleged corruption charges.
“Those of us who know Judge Town professionally and personally know that he is a very honorable and intelligent public servant who has always tried to do the best job he possibly could.”