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State of Hawaii


Judge throws out
subpoenas in Harris
campaign spending probe

He says investigators' demands
for financial data were too broad


By Rick Daysog
rdaysog@starbulletin.com

A state judge quashed nearly a dozen subpoenas issued by the state Campaign Spending Commission to a contractor under investigation for contributions to Honolulu Mayor Jeremy Harris.

Circuit Judge Dan Kochi ruled yesterday in favor of several people affiliated with the local engineering firm of Ernest K. Hirata and Associates, saying the commission's subpoenas for the individuals' banking records and other financial information were overly broad.

But Kochi said the commission could issue new subpoenas seeking the same information if it is able to demonstrate their relevance to their probe.

"The thing that bothers the court is that the mandate to the commission under the statutes is very narrow," Kochi said. "It just appears that the subpoenas were too broad."

In January, private investigators working for the commission subpoenaed company President Ernest Hirata; his 89-year-old father, James Hirata; and several people affiliated with the company.

James Hirata donated $3,900 to Harris' successful 2000 re-election effort while employees contributed $6,000 to the Harris campaign. However, the commission is looking into whether other people linked to the firm gave additional money to the Harris campaign under false names.

Bob Watada, commission executive director, said it is not a big setback for the commission's investigation. He said the commission plans to issue new subpoenas for the information under the new guidelines set by the judge.

Steven Hisaka, the Hiratas' attorney, disagreed, saying the judge sent a clear limit to the investigative and subpoena powers of the commission.

Chris Parsons, attorney for the Harris campaign, said Kochi's ruling confirms what the campaign has been saying for months: The commission has been unfairly casting "too broad a net" without showing any evidence of wrongdoing by the Harris campaign. Harris is running for governor this year as a Democrat.

"That's been their pattern," Parsons said.



State of Hawaii


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