HONOLULU (KHON2) — Three people who are accused of defrauding the government want a non-jury trial.

A $250,000 severance payout was approved for former HPD chief Louis Kealoha.

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Donna Leong, Max Sword and Roy Amemiya are accused of conspiring to circumvent City Council approval for the payout.

Their attorneys filed a motion asking for a judge to decide the case instead of a jury.

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Legal experts say prosecutors would have to agree to the motion for it to be approved.