Friday, May 25, 2012

Kauai Prosecutor Under Investigation


The county Finance Department has launched an investigation into possible procurement violations by Kauai Prosecutor Shaylene Iseri-Carvalho and her POHAKU program.

That revelation — and the promise of a report by June 6 or 13 — prompted County Council members to defer Vice Chair JoAnn Yukimura's request to ask the Board of Ethics to conduct its own inquiry into an issue that has been festering since mid-April.

Council Chair Jay Furfaro advocated for the deferral, saying “it is important that the Council has as much information as they possibly can. There is an investigation on particular points that are very close to being present[ed] in a summary from the County Attorney. We should be getting information relatively soon.”

His view was echoed by Councilwoman Nadine Nakamura, who said the issues JoAnn had raised are important and need to be addressed. “Once we get the report …. we can then determine what more needs to be done.”

But as JoAnn pointed out, there's no indication the Administration's investigation will encompass possible violations of the county's Code of Ethics.

Under the Charter, ethics violations could result in a person being fined, suspended or even removed from office.

I am not asking the Council to resolve the issues, but just to refer them to the Ethics Board,” JoAnn said, noting that they had all sworn to uphold the Charter and it was their duty to report possible ethics violations to the Board for determination. “I think it's important for the Council to stand for high standards of ethics and performance.”

Councilman Mel Rapozo objected. “We have reached for the highest standards. We have in fact taken this to the highest standard I have ever seen in my career on this County Council,” he said, before disclosing that an investigation was underway. “I'm not sure what the motivation for this is.”

Mel said the Council had taken its response "to a higher standard than any situation where we've had potential ethics violations and even some potential criminal allegations in the county. We've done our due diligence by forwarding it to the proper authorities. I'm hoping we can put this matter to rest. If individual council members want to pursue this on a separate track, feel free to do so.”

While saying she was not opposed to a deferral, JoAnn noted, “I'm not sure the ethics charges have been brought before the proper body and I think it would be appropriate for us to do so.”

She then read a statement from Councilman Tim Bynum, who was absent because his daughter was having a baby. In it, Tim complained about the Council repeatedly deferring discussions on the POHAKU issue, before noting that Shaylene “has refused to answer questions from the Council related to the Pohaku program until the County provides her special Counsel for legal representation."

"As of yet no one is looking into the possible Charter violations," Tim's statement continued. "I have been told by all the County Attorneys that have held the office since I became a Council member that when a question regarding a potential violation of the Charter is raised the Council has a duty to see that an appropriate inquiry is held. The Board of Ethics is an appropriate body for such an inquiry. So I will obviously support this motion.”
Nadine took issue with Tim's reference to Council delays, saying discussion was deferred the first time because the POHAKU program hadn't been placed on an agenda with proper public notice and there was "a threat of an Office of Information Practices violation." 
That statement prompted Tim to send me an email today noting, “I have always found it ironic (and disturbing) that the Sunshine law is used to keep Sunshine from occurring.”
Mel also attempted to correct Tim's assertion that Shay had refused to answer questions. “In fact, it was the County Attorney's office that advised us not to ask or discuss any questions related to POHAKU. So that's the reason for us not asking and not getting any responses.”

However, as I previously reported in covering the Council meeting Mel referenced, Shay had ended her budget presentation with a diatribe in which she accused the County Attorney's office of continually working against the interests of her office, repeated conflicts of interest and “constant attacks.” She then said she wanted money to hire special counsel for her office.

It was because of that outburst that County Attorney Al Castillo recommended the Council sidestep POHAKU questions in order to protect Shay's rights.

JoAnn used Mel's comment as an opportunity to drive home a point that both she and Tim have repeatedly made: “It is unbelievable that the prosecutor is asking for special counsel on this program. She's using that as a shield to not answer questions that are totally legitimate about a budget issue and a program.”

But Jay cut off further dialogue at that point, saying that some on the Council wanted to wait for more information before taking further action or having more discussion.

It's unclear whether the public will be privy to the results of the procurement investigation, or whether the Council will end up supporting JoAnn's call for an ethics inquiry. Of course, she and Tim can always make such a request on their own. But by bringing it before the Council, she's making her colleagues take a public stand. 

74 comments:

Anonymous said...

So Mel says investigation has begun leading us to belive that it is all under way. But the truth turns out to be that no one is looking into Charter violations.., Still! Come on Mel your Mr. Law and order or does that only apply when it suits you? Stop misleading and telling half truths. You know JoAnn is right this time. Man up and do the right thing. And your little dog too.

Anonymous said...

Don't forget the elections are this Fall!

Anonymous said...

Why would Mel risk his political career to help Shaylene?

Anonymous said...

"shes making her colleagues take a public stand."

I'm sure that endears her to them. Lol

Anonymous said...

Mel said "We've done our due diligence by forwarding it to the proper authorities.” I'll bet it's news to Shay that Mel had a hand in forwarding it to the proper authorities.

Anonymous said...

I call for the dismissal of the PA iseri carvalho and 1st deputy PA Delaplane for their involvement in the POHAKU scandal. As a tax paying citizen of the US and resident of Kauai, I do not have trust, faith, or confidence that the above named persons are the exercising their duties to the sworn oath they are obligated to uphold. Committing this whiite collar crime, the Tim Bynum retaliation Rice gate, The subverting of public funds to a close friend and allies, The Kauai humane society quid pro quo, ex lover payback, and all of her other dirty deeds are grounds for impeachment.

Anonymous said...

Forward your complaints to the attorney general of Hawaii, USDOJ US AG Eric Holder, office of disciplinary counsel, judicial commission and the Department of Justice.

Anonymous said...

Call the paper. Give the story to Joan, GI! She'll sell some papers with this story.

Anonymous said...

It's like most political scandals, the coverup is as bad as the crime.

Anonymous said...

Please remember all of this crap when you vote this Fall!

Anonymous said...

How completely irresponsible of County Council to not report an ethics violation.

Sounds unethical.

KamaKele said...

Heres what will happen. The "investigation" will turn up no material violations, and then i will "call" for an immediate departure back to wherever u came from for all you mongering idiots prematurely calling for dismissals as tax-paying citizens (everyone pays taxes ur not special).

Anonymous said...

Bam Bam Bam I'll be the Judge of that, must be a Bozo. Where's your gavel now you fricking idiot clown. You want 4yr terms to commit your crimes and get all your families and friends jobs. Yeah I pay taxes and I'm special.

Anonymous said...

Everyone pays taxes? Ignorance doesn't makes any cents!

Anonymous said...

Shay is special. She gets a lawyer paid for taxpayers. Just like a criminal.

Anonymous said...

KamaKele; everyone does not pay County taxes - only real property owners. Get your facts straight.

Anonymous said...

I second that motion, all in favor say aye or nay
roll call
Joan- aye, Tim-aye, Jay not present, Nadine wherever Jay went she went, Dickie still at beer gate, Mel- No, Kipu Kai- No.
Open for discussion
Mel- we already had a discussion and there's an investigation so we dont need to discuss anything about this.
Kipu Kai- yeah yeah and leave shayme alone, she has a lawyer
Tim- aint she a lawyer, why cant she just answer the questions
Joann-I'm a lawyer too and i read and understand laws, shayme needs a lawyer for this one
Shayme- HOW DARE YOU!
Mel- Bam Bam Bam I'll be the Judge of that- recess Bam!

Anonymous said...

No material violations? Why is the prosecutor/criminal taking the fifth? She must think they're material.

Anonymous said...

You all finally starting to see evil, hear evil, and them speaking evil. There's lots of skeletons in their closets, wasn't them bones hanging on a tree.

Anonymous said...

Family and friends don't have any memories, they vote to become apart of the Fall!

Anonymous said...

Put this prosecutor taking the fifth in a public opinion poll and see how many people believe that she did not commit a crime. Wheels are turning on how to hide the truth, marbels are spinning hard.

Anonymous said...

Perhaps Mel is waiting for JoAnn to do a Lap dance?

Anonymous said...

And they knew since April 11th and now have delayed another two weeks. Serve us!

Anonymous said...

They should have separately report a violation.

if H.R.S. 5.6 has been Violated then she should pay.

Anonymous said...

This is America and Shay is a suspect and not a criminal.

Anonymous said...

Shay's campaign slogan is BE PONO. LIVE PONO. What a joke.

Anonymous said...

Ha, ha, ha, ha.

Defend her aloha until the end.... He, he, he.

Anonymous said...

Shayme has rights too, darn it.

Anonymous said...

Ethics? County council didn't file separate ethics investigations? It is not up to the county attorney investigating it to report an ethical violation of themselves now is it?

Different commissions oh wait one doesn't have a Commision and one does? Report it cowards.

Anonymous said...

The state Seal, how did she violate a Coat of arms?

Anonymous said...

They say "They know too much" They ask "Where do they get their information." Who is They?

Anonymous said...

Board of Ethics is stacked with cronies and ever since they got rid of Rolf Bieber nothing has been done. Biznezz as usual

Anonymous said...

How do wolves investigate wolves?

If the fox is in the hen house, and states "Be Pono Live Pono.....does one believe the fox or the hens?

Anonymous said...

They're not her cronies.

Anonymous said...

You're right about that! now you know teams, you have to understand how the game is played to fully understand how and why things are the way they are.

Anonymous said...

All you have to do is look at their toes, is it crossed or is it camel toes. Oh the visual is not only disturbing it's disgusting. I think i just threw up in my mouth. No Shayme Old Ladies, Gross!

Anonymous said...

He has handcuffs and a polaroid camera ready, we all know how that's going end. Probably get elected as Mayor... Mayor of 4 play or foul play

Anonymous said...

The board was appointed by the mayor and they won't bend over backwards to help her out. She's the prosecutor and should be held accountable. It's not like someone manufactured these allegations like she did with Tim Bynum's case.

Anonymous said...

Time to call up the pahacutor.

Anonymous said...

Mel I want you to tape record Shay and ask her how much her and Jake got from strategic justice partners for the POHAKU program but no tell her, i know u pocho and you had squeal on the es 177 but keep this one secret. U get em brah jus like da ol days when we use to play cops n rubbers

Anonymous said...

Mel can be the Lone Ranger, Kipu can be Tonto, Dickie is Hop Sing, Jay can be Boss Hog, Tim uncle Jesse, Joann daisy duke, nadine mabel tillingham. We've got a bunch a characters in different shows. Sounds like the county of kauai is a good show.

Anonymous said...

Hop Sing is taken already. Lol.

Anonymous said...

The ethics probe should be done in the open sunshine.
Not in the Shayde.

Anonymous said...

Hold up, seems that Council hasn't even bothered to report an ethics violation.

Let's see if they can convince themselves that they SHOULD (MUST) perhaps the word is ( SHALL) report a highly probable ethics VIOLATION.

Anonymous said...

CA's did you know that other people (read public) have recorded your converstions?

Keep saying "so sue us" and don't worry we will, and we will play our tapes to the authorities. Do your jobs and protect the county from lawsuits, instead of creating them.

How much money in lawsuits that could have been prevented, have been paid because your clients (county employees) can't or won't do their jobs?

Anonymous said...

Mel, I understand you are not sure why there should be an investigation, I'm darn sure that one of many reasons I will not, cannot vote for someone with your kind moral compass.

You couldn't see an unethical deed if you did one yourself. Have you? Would you know one if you saw one?

Anonymous said...

Mel will do anything for Shaylene.

Anonymous said...

"Do your jobs and protect the county from lawsuits, instead of creating them."

I beg to differ. Having a CA who would turn a blind eye to possible misdemeanors and many many unfair abuses of people committed by a powerful public official is not the right thing to do - even if its supposedly to protect the county from a lawsuit. Our officials need to have honor, and it takes honor and bravery for the CA to stand up to this intimidating and powerful monster.

So what if CA is aggressively following up on a potential bad apple. And someone in the know care to tell how much the County has already PAID in lawyers and settlements (and the PA's and 1st deputy's time away from real prosecutor work) due to defending allegation after allegation.

And by the way, maybe three people left who actually trust that justice is blind over at OPA.

Anonymous said...

One of the most obvious and corrupt departments is the County of Kauai coroners office. All the unsolved murders, unattended deaths, and murders made to look like suicides should be investigated by the FEDS cold case unit. Something is not right

Anonymous said...

The connection leads to major players in the cosa nostra of Kauai's crime families. If you don't believe it exists then you are oblivious to the facts.

Anonymous said...

Shayme will do anything for Mel.

Anonymous said...

I heart Shaylene Show: Mel: What Shaylene you going leave me now? Mel: Shay, I'm Home. Shay: I'd rather regret the things that I've done than the things I haven't done- Lucille Ball Shay: When life seems unbearable, I learned to live in my imagination, and to step inside other people's skin- indispensable abilities for an actress.-Lucille Ball

Anonymous said...

Who are the crime families?

Anonymous said...

I could have told you it was Bynum behind this.. He is a petty vindictive little man.

It is too bad the whole episode has the stench of a Bynum cloud over it so it could be handled in a fair and judicious manner.

Anonymous said...

Rolf Bieber needs to run again.

Anonymous said...

If you don't know, you better ask somebody!

Anonymous said...

It's very Courageous of Tim to take on the GOB- the criminal pilau ohana.

Anonymous said...

If not for Mayor at least County of Kauai council, He has my Vote. Good Job in the BOE Rolf Bieber, Kauai needs more people like you in office.

Anonymous said...

Some members of the County Council need to be reminded that they took an oath to uphold The Charter. These same members need to stop playing favorites. Council, be impartial, and do what's right for the community. The Prosecutor has her moments of acting like a screaming banshee. Don't let her psychotic narcissistic episodes frighten you. $15,000 of taxpayers' monies was given to a public official for her to defend herself! If there's nothing to hide, why won't she just answer the questions asked? If she feels she needs an attorney, let HER pay for one. Every Department Head should be expected to answer questions about their budget. It's not THEIR money they're spending.

Anonymous said...

Some members of the county council are apart of the cosa nostra. The RICO black board has all thier pictures posted, Suprise surprise lots of familiar faces.

Anonymous said...

Of course they not going rat her out, OPA cuts checks for these fools. Is a Hamura saimin worker gonna tell customers not to eat Hamura saimin and to eat pho instead. Check Please

Anonymous said...

I'll vote for him too, me three, and count all of us also.

Anonymous said...

I was wondering how come crime, drugs, murders, white collar crimes, illegal tints, tweekers at beaches at night, and so on is going up like county taxes. Shibai these Pilau Ohanas holding Kauai hostage like KIUC, no can these lepers

Anonymous said...

'Tis a shayme.

Anonymous said...

Law enforcement losing so much respect here lately. S**t flows downhill and your prosecutor is the face of law enforcement.

Anonymous said...

Welcome to the work day, hope you all get caught up on your reading so you know which lies to spin this week.

Anonymous said...

Check out the Ms Filipino contest comments and connect the dots to the corruption on Kauai, any familiar names? Who would have tunk ! Cosa Nostra. There's a serious comment on a drug dealing prostitute with ties to Kauai's MOB

Anonymous said...

The girl that is mention that was or still is a drugged out prostitute in the comment section of Ms Filipino intials are CG. She drives a blk out car and is a paralegal. The sad facts of Kauai, as the world turns Kauai spins out of control. The Ms Filipino contest was rigged like a KIUC voting process.

Anonymous said...

POHAKU scandal will be covered up and get the silent treatment from TGI. Hey Tom Laventure why don't you start reading, writing, and investigating from this site or do we need another Anthony Sommers.

Anonymous said...

Why do I picture a bus.... running over Jake, while Shaylene walks by, unscathed - maybe drunk?

Anonymous said...

Jake will be the fall guy if anything and Shay will walk into the Poipu sunset burping and beer futing. Excuse me Mel do you have a kleenex

Anonymous said...

Shay will be driving the bus. Jake the Mistake, fall guy.

Anonymous said...

Whatever Jared.

Anonymous said...

A source inside KPD told me a couple of weeks ago that the investigation initiated by the Police Commission re the complaints filed by Darla Abatiello was actually complete...and that the result was a confirmation of Abatiellop's accusations relative to Quibilan, Asher, AND the Chief. We STILL haven't heard of this...and I'm reasonably certain of the fact0.The source said "No one at KPD or County wants it to land on their desk."