Hawaii Police Department officer sentenced in perjury case
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Hawaii Police Department officer sentenced in perjury case

A Hawaii Police Department officer was sentenced Tuesday to four years of supervision and 400 hours of community service after pleading no contest March 17 to charges of perjury, making a false sworn statement in official matters, and tampering with a government record.

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A Hawaii Police Department officer was sentenced Tuesday to four years of supervision and 400 hours of community service after pleading no contest March 17 to charges of perjury, making a false sworn statement in official matters, and tampering with a government record.

The main difference between probation and supervision in Noah Serrao’s case is that the 29-year-old officer, who is on full-duty status, is allowed to possess and carry a firearm — a condition rarely, if ever, granted in a felony probation sentence.

Serrao, a six-year department veteran, also was granted a deferred acceptance of his no-contest plea, which means if he stays out of legal trouble for the duration of the court-ordered supervision, the conviction will be struck from the record.

The perjury charge is a Class C felony punishable by up to five years in prison. The other two offenses are misdemeanors, which carry a maximum one-year jail sentence.

The charges stem from an unconstitutional search of an arrestee’s belongings at the Hilo Police Station on May 24, 2023, by Officer Blaine Kenolio. Serrao later made false statements about the search to Judge Darien Nagata in an Application for Judicial Determination of Probable Cause, also known as a Riverside affidavit.

The 39-year-old Kenolio, who was charged with evidence tampering — a misdemeanor — pleaded no contest on Feb. 25 and was sentenced May 28 to a year of supervision. Kenolio, who is also on full-duty status, was granted a deferred acceptance of his no-contest plea and also is allowed to possess and carry a firearm.

According to the department’s required annual disciplinary report to the Legislature for 2024, Serrao was suspended from duty for 50 days without pay for the incident, while Kenolio received a 24-day unpaid suspension.

Hilo Circuit Judge Henry Nakamoto, who presided over both cases, noted the 100-page-plus presentencing report — which isn’t a public document — recommended the deferred sentence for Serrao, as it had for Kenolio.

Deputy Attorney General Kyle Mesa argued against the deferred plea acceptance.

“The state is not suggesting or arguing that the defendant in this case has no remorse or no compunction. In fact, I think the (presentencing report) indicates that … the defendant takes responsibility and appears to be remorseful about it,” Mesa said. “The sentencing recommendation from the state, though, is based on the offense. It’s not an attack on the character of the defendant, but rather the importance of this offense in regards to the preservation of trust in our criminal justice system.

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“At the end of the day, this was an official document submitted to the court for review. There was a false statement in there. And while facts and circumstances leading up to that may have been due to an error or lack of judgment … that offense is serious, and the state’s recommendation is based solely on it.”

Kaena Horowitz, Serrao’s Honolulu-based attorney, stood on his written response to the state’s sentencing memorandum, which asked that Nakamoto accept the deferred plea and sentence Serrao to “no more than one year probation.”

“He has no record of prior or other convictions; rather the awards, commendations, and numerous reference letters clearly show that Mr. Serrao is a family man, an upstanding member of the community, and a diligent, hard-working, model employee,” Horowitz wrote.

Serrao addressed the court and said he’s “learned a lot from this situation.”

“I’ve learned from my mistakes, and I’ve taken full accountability and responsibility for my actions,” Serrao told the judge. “Ultimately, I would like to just be able to move on from this, open a new chapter of my life and, I think, most importantly is to be able to have the opportunity to gain the trust back from the courts and the community, to help further my career as a police officer.”

Nakamoto said he had to balance the seriousness of the offense against what appears an otherwise exemplary record and “numerous letters from members of the community — co-workers, coaches, people that you’ve come across, letters of commendation, Officer of the Month.”

Serrao was named Officer of the Month in October 2021 after tracking down a pair of escapees from Hawaii Community Correctional Center and arresting them aboard a bus at the Mooheau Park bus terminal in Hilo.

The judge added he doesn’t believe “incarceration or anything like that, anything from me that would cause you to be terminated, would be just punishment for what you have done.”

Noting the department conducted an internal investigation and suspended Serrao prior to the criminal case, Nakamoto said that the incident “is a very serious matter.”

“It involves public and community trust and community trust of police officers to enforce the law and protect their rights,” he said. “I understand in this case from the (presentencing report), you’ve taken responsibility, and you understand the serious nature of the charge.

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“It looks like an isolated incident that I trust will not happen again.”

Email John Burnett at [email protected].

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