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A lawyer for former Kamehameha Schools trustee Richard "Dickie" Wong charged that the $20.1 million settlement of civil claims against the estate's former trustees exonerates Wong of criminal wrongdoing. Settlement frees Wong,
lawyer saysStar-Bulletin staff
But the attorney general's office says the deal in no way applies to the criminal case against Wong.
The exchange highlighted yesterday's Circuit Court hearing over a motion to dismiss the remaining perjury charges against Wong. Wong's attorney Eric Seitz said the settlement, approved by the Probate Court last week, means that the attorney general's office has discharged Wong of any wrongdoing for his role in a controversial Kamehameha Schools land deal in Hawaii Kai.
An Oahu grand jury initially charged Wong for theft and perjury for his alleged role in the sale of the estate's fee interest in the Kalele Kai condominium project to Wong's former brother-in-law, local developer Jeffrey Stone. Circuit Judge Michael Town later threw out the theft case but left the perjury charge intact.
According to Seitz, the allegations regarding the Kalele Kai land deal were initially raised in the state's lawsuit to remove and surcharge Wong and his fellow trustees. By settling that suit, the state released Wong from all claims relating to the Kalele Kai land deal, he said.
"The attorney general signed a document certifying to the court that he is acquitting Mr. Wong," Seitz said. "This settlement language specifically says that he did not commit any breaches with respect to Kalele Kai."
Senior Deputy Attorney General Lawrence Goya said the settlement document is explicitly limited to the civil case and cannot prohibit the state from pursuing a separate criminal prosecution of the former trustees.
Goya cited the case of a drunken driver who ends up killing another motorist. Typically, a driver found to be driving under the influence could lose his license through an administrative or civil action. That civil action, Goya said, does not prohibit the state to go after the drunken driver for more serious criminal charges like vehicular manslaughter.
"The civil proceeding has nothing to do with the criminal one," Goya said. "They are two different legal entities."
Judge Town, who has scheduled a November trial from the perjury case, said he will hear additional arguments tomorrow and may rule on Wong's motion by next week.
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