Former Honolulu Police Sergeant Albert Lee was charged with drunk driving and filing false reports after a crash in November 2016. 

How his case ended up in the hands of the Honolulu Prosecuting Attorney's Career Criminal Division is what Lee's lawyer is trying to find out. 

Court papers say on November 17, 2016, Lee was found in the passenger seat of a subsidized vehicle that crashed into a Hawaiian Electric Company structure. They go on to say, on that same day, Lee was called to testify before a grand jury against former Honolulu Deputy prosecutor Katherine Kealoha  and her husband, former Honolulu Police Chief Louis Kealoha.

Lee's attorney said usually DUI cases like his are tackled by the misdemeanor traffic division at the Honolulu Prosecutor's office. This time, the Career Criminal division went after him although Lee did not have a criminal record.

Lee's defense team said Katherine Kealoha was in charge of the career criminal unit at the time. They've asked for a list of her divisions from Honolulu prosecutors to connect the dots.

At first, Kealoha tried to keep the records secret by filing motions.

After court Monday, Lee's attorney said the list from the prosecutor's office was void of any information relating to Katherine Kealoha's assigned divisions.

A spokesperson from the Honolulu Prosecutor's office said they gave the court Kealoha's entire employment file on March 29th when it was requested. He goes on to say Kealoha was put on leave without pay October 20, 2017, and the criminal complaint against Albert Lee was filed almost two months later – on December 18, 2017.

He also said Kealoha went on sick leave on April 24, 2017 and never returned to the office, almost eight full months before Sgt. Lee was charged.

Lee's attorney thinks Kealoha's involvement is push back for Lee's investigation and testimony in another case involving an Oahu business man.

According to court documents, on November 12th, 2015, Officer Jared Spiker pulled over Michael Miske for using his cell phone while driving, but Miske sped away. The documents say Miske later called Spiker to say he'd meet him with his attorney present. That's when Spiker reportedly informed his superior -- Sergeant Lee.

But court papers allege when Miske failed to set up that meeting, Spiker went to Miske's businesses looking for him. 

Then, Spiker gets a call.

Miske: "Listen, I'm going to go to the top of the food chain. Trust me."


Miske: "Don't go to my place of business and act a fool. I swear I will have everybody over there put a TRO on you."


Miske: "You go to be careful for the threats you made, Jared."

Spiker: "Are you threatening me?"

Miske: "No, I'm telling you..."

Spiker: "Are you threatening a police officer?"

Miske: "I'm not threatening a police officer, I'm telling you the threats you made."


KITV4 obtained a copy of that call, which was submitted Monday as part of Lee's DUI case.

According to court documents, it's not clear if the "food chain" referenced means HPD or the Honolulu Prosecutor's office. The papers go on to say Katherine Kealoha later instructed Spiker to leave Miske alone. The papers say Sergeant Lee thought that was "suspicious" and began investigating. He later arrested Miske for failing to obey a police officer's command. 

Lee was subpoenaed to testify against Miske, but documents say around that same time Lee received a complaint for violating HPD policies.

His defense team believes that complaint came through Katherine Kealoha for retaliation.