Policeman appeals ruling
denying legal fees
A Honolulu police officer charged with stealing $360 recovered in a drug raid is appealing the Honolulu Police Commission's decision to deny his legal fees.
According to the appeal, filed yesterday in Circuit Court, officer Robert Fu contends he was charged with criminal conduct in the performance of his duty and is entitled to have his legal fees paid by the county.
Fu, an 11-year veteran, was indicted for second-degree theft in February as the result of an Internal Affairs investigation. He pleaded not guilty.
Fu was one of several officers who responded to a report that people were doing drugs at a Waikiki hotel room with an infant present. The officers found cocaine, heroin and smoking pipes in a room occupied by a man and a woman.
Officers arrested John Nix, who later claimed money belonging to him was not turned in as evidence.
According to Fu, he found a shoe box with cash in a closet and was going to turn it in to the officer in charge when he realized he needed to go to the restroom. He said he went to the restroom holding the money in his hand and accidentally flushed it down the toilet. Fu later reported the incident to superiors and has cooperated with the investigation.
The commission last month found that Fu did not follow police procedures that require evidence to be photographed prior to removal from an investigation scene. Fu's duty was to preserve evidence, the commission said.
"In this case, Fu's actions were not only unauthorized, but were directly contrary to the employer's purpose and cannot be considered as performing a duty of his employment," the commission's decision said.
