State lists foods
in HPD scandal

The food and other items
allegedly were ordered illegally
by 2 former commanders

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By Debra Barayuga
dbarayuga@starbulletin.com

Beef rib eye. Top sirloin beef. Rack of lamb. Pork loin. Turkey thigh roast.

Not your usual fare for arrested persons being held at the Honolulu Police Department's central receiving desk, thought Dennis Yamashita, an accountant in the department's budget and purchasing section.

The last he heard, the department was serving only peanut butter and jelly sandwiches to detainees for breakfast.

But those were some of the unusual food items being purchased by the central receiving desk between January 1995 and September 2000 that were allegedly intended for detainees.

Yamashita's concerns were what tipped off an investigation into questionable food purchases by the Central Receiving Division. The investigation led to the indictment of two high-ranking police officials for second-degree theft, for diverting funds intended to feed arrested persons to police officers instead.

Foods covered by the charges Examples of food and utensils allegedly purchased for detainees but consumed or used by police officers: >> Rack of lamb, 39 pounds, for $160 >> Top sirloin beef, 174 pounds, for $398 >> Beef rib eye, 70 pounds, for $314 >> Pork loins, 87 pounds, for $145 >> Cocktail Smokies, 100 pounds, for $268 >> Chunks O' Chicken, $692 >> Spam, $226 >> Turkey Thigh Roast, 140 pounds, for $144 >> Chopsticks, 3,000, for $104 >> Plastic forks, $893 >> Ketchup, $292

The list of improper purchases was detailed publicly for the first time last week in documents filed by the state opposing requests by Assistant Police Chief Rafael Fajardo and Major Jeffrey Owens for more specific information about the charges against them or a dismissal of the charges.

Fajardo and Owens, former commanders of the Central Receiving Division during overlapping periods between 1995 to 2000, face trial Aug. 19. Both have pleaded not guilty.

The two are accused of instructing food preparation workers to order and prepare breakfasts and elaborate meals consumed by them, other higher-ups and officers in the Central Receiving Division.

Two food preparation workers have admitted to ordering and preparing food at Owens' and Fajardo's instructions, and are expected to testify against them at trial.

Ernest Villanueva and John Spondike have also admitted to taking some of the food home for their personal use.

Because central receiving was designed to eliminate cooking, there are no stoves, just convection ovens to heat ready-made airline meals or canned chili or Beanie Weanies. To cook the raw foods purchased, the food preparers brought in burners.

According to the list compiled by prosecutors, breakfast items that were ordered but not fed to detainees included bacon, eggs, ham, Cocktail Smokies, Spam, and Vienna and Portuguese sausage. The grand jury heard testimony that these items were served at breakfast meetings held by Fajardo or bureau meetings he and other bureau chiefs attended.

Other officers in the division signed off on many of the purchases, but they told the grand jury they had been instructed to by either Owens or Fajardo.

When Maj. Gordon Young, then head of the Finance Division, questioned the Central Receiving Division why certain items were being purchased, he was told something to the effect that "if you don't like what we're doing, you can come down and run it yourself," and that well-fed prisoners cause less trouble, Yamashita said.

Owens is listed as signing off on the purchase of raw foods, including over $1,000 worth of top sirloin beef -- once in 1998 and four times in 1999. He also signed off on the purchase of bacon, chicken breast strips, Chunks O' Chicken and utensils such as forks and chopsticks.

Detainees are usually given spoons with their meals. Forks and chopsticks are not given to them because of the dangers and possible uses devised by detainees.

Owens' attorney, Darwin Ching, declined comment.

In documents filed in the case, however, Owens has admitted to authorizing the purchase of certain food items while he was in command. He said he had discretion as the division's commander to reallocate the division's resources.

Fajardo initially told investigators he did not know the items in question were being purchased. He later said he was aware they were being bought but that he used his own money to purchase the food or that the food was being donated.

His name is nowhere to be found in the list compiled by prosecutors of improper purchases, either as the person requesting, receiving or signing off on the questionable items.

Fajardo's attorney, Howard Luke, also declined comment on the case. But earlier this week, he had asked the court that the state point to specific conduct or specific purchases being attributed to Fajardo upon which the second-degree theft charge was based or else dismiss the indictment.

Circuit Judge Gail Nakatani denied the request to dismiss but agreed the state needs to notify the defense of the specific time period for which they are being charged.