Sexually explicit photographs were found on at least one phone seized when federal agents raided the residences of Louis and Katherine Kealoha in October 2017.

Prosecutors disclosed the existence of the photos during a court hearing in August 2018. A transcript of the hearing became available through the federal court’s online PACER system this week.

Michael Wheat, a San Diego-based Deputy U.S. Attorney who is the lead prosecutor in the Kealoha cases, said during the August hearing that once authorities were able to get access to the contents of the locked phones, they found “photographs of nudity and genitalia” which “relate to Ms. Kealoha’s relationship with Jesse Ebersole….”

Wheat said the photos led prosecutors to Ebersole, a Big Island fire fighter, who pleaded guilty in July 2018 of lying to the federal grand jury at the center of the Kealoha investigation. He is now cooperating with prosecutors.

Louis Kealoha, former Honolulu police chief, and his wife, Katherine, a former top city prosecutor, face two federal trials this year, one for bank fraud and related charges, and the second for conspiracy and other charges stemming from a complex scheme to frame Katherine Kealoha’s uncle for mailbox theft, a federal crime.

Wheat disclosed the explicit photos after Katherine Kealoha’s defense attorney,Cynthia Kagiwada, objected to what she said have been repeated delays in obtaining discovery materials from prosecutors were needed to prepare for trial. Kagiwada specifically mentioned an encrypted DVD that was not compatible with her Macintosh computer. She said this caused unnecessary delays while government attorneys prepared and delivered a second, useable copy.

Wheat responded:

Your Honor, the disc that Ms. Kagiwada references contains photographs of nudity and genitalia. Because of that, it was the practice of the office that anything that contained that would be encrypted, and that was the standard process. And it wasn’t produced in a way to prevent Ms. Kagiwada from getting it. The paralegal who produced it encrypted it because of its contents. We have now produced — when she brought it to our attention last week, I brought a copy over and had it available for her. I called her on Friday. Unfortunately, we didn’t hook up on Friday, and she traveled. So, we had it delivered to Mr. Barbee.

Those photographs relate to Ms. Kealoha’s relationship with Jesse Ebersole, which is something that just came about when we had access to those phones that were searched. Those phones were locked, and they were not able to unlock them until a great period of time after the search warrant. Once those things were discovered, that’s when Mr. Ebersole was contacted, and those phones were verified, and they were produced.”

Wheat said the photos are not related to the bank fraud charges, but that the investigation is continuing. He appeared to leave open the possibility of additional charges being filed.

“There are other charges — potential charges out there,” Wheat said.

At least two devices, a phone and an iPad, were still locked and inaccessible to prosecutors as of the hearing date in August, according to statements made during the hearing. It isn’t currently known whether prosecutors have since managed to gain access to them.