Ex-cop weeps,
gets two years for
hitting suspect

By Linda Hosek
Star-Bulletin

A former police officer convicted for punching a handcuffed suspect will report Sept. 14 to a federal prison, where he will serve a two-year prison term.

In a statement before weeping relatives, Joseph Alejado yesterday maintained his innocence, saying he had no intention of assaulting the victim.

"I don't believe I did anything wrong, even though the jury convicted me," he said over his own tears. He added that he hoped his sentence would be fair and at the low end of the guidelines.

U.S. District Judge David Ezra said Alejado received a fair trial and the evidence, which he described as "overwhelming," supported the jury's verdict.

"When the defendant took the stand and told his story, the jury did not believe it and this judge did not believe it," he said.

He said the 24-month sentence he imposed reflected the crime and Alejado's misconduct after the crime.

Jurors in February found that Alejado punched suspect Sam Tupuola at the Pearl City substation on Jan. 4, 1995. They acquitted him of witness tampering in which he was charged with trying to get fellow officers to lie about what happened.

The offense carries a term of up to 10 years.

Alejado's initial range based on federal guidelines was 10 to 16 months in which he could have been eligible for probation. But Ezra granted a prosecution motion to increase the range to 21 to 27 months for obstructing justice and punching an already restrained victim.

Assistant U.S. Attorney Peggy Kuo, from the Civil Rights Division of the U.S. Justice Department, asked for the maximum term of 27 months.

She said the current range was based on laws at the time of the offense and that he now would face 33 to 41 months.

Kuo argued that Alejado, 29, exemplified the worst in law enforcement, was arrogant and contributed to a "culture of brutality."

She also acknowledged that Alejado had done good things and was "not a monster," but also said that officers should be held to a higher standard.

Ezra said the vast majority of officers respect the laws and civil rights of citizens. He said the verdict means "we have one individual within the department who lost his temper."

Myron Fuller, the head of the FBI in Honolulu, said the FBI receives numerous allegations of violence by law enforcement, but most do not check out. He declined to offer numbers.

Birney Bervar, Alejado's attorney, said he was disappointed in the sentence and would appeal the verdict. But he also said both he and his client believed in the justice system and that Alejado would accept his punishment.

Alejado left the courthouse composed but declined comment.

Bervar said Alejado didn't want to postpone sentencing until a higher court rules on his appeal, adding: "He wants to get it over with."

With the department for seven years, Alejado resigned after the jury's verdict.