Responding
to what County Attorney Al Castillo termed “a very unusual and
special circumstance,” the Kauai County Council last night agreed to
spend up to $15,000 on a private attorney to handle Prosecutor Shaylene Iseri-Carvalho's POHAKU problems..
Council
Chair Jay Furfaro took pains to note the special counsel would be
representing the prosector's office in a civil, rather than criminal,
defense.
But
from the limited exchange that occurred in public session, it
appeared the county does not yet know whether criminal violations
have occurred. It also seemed, from Al's comments, that Shaylene will
be directing the special attorney with no oversight from his office.
Councilwoman
JoAnn Yukimura asked whether the money would be refunded if it was
determined the legal problems arose from conduct outside the scope of
the prosecutor's duties.
“At
this point in time, I don't want to speculate.” Al replied. “The
conduct not being within the scope takes it into a criminal, not a
civil matter. I don't want to speculate where this goes. It's safe
for me to say the request is simply for matters regarding the POHAKU
program and it's all civil.”
“Is
it for ethics violations as well?” JoAnn asked. “This is about
how this money is going to be used if we appropriate it.”
“Whatever
investigation occurs regarding the POHAKU program is what's going to
happen,” Al responded. “Whatever the outcome of the investigation
is is the outcome.”
“If
a county employee is under investigation for an ethics violation, are
they entitled to special counsel?” JoAnn pressed.
“Then
the question becomes whether or not that county employee at the end
of the day is found to have violated any ethics or charter
provisions,” Al said. “But ... we can make the determination at that point
in time whether legal representation from the council was
appropriate.”
Concerns have been raised about the prosecutor's relationship to Strategic Justice Partners, a restorative justice consulting company that lists first deputy prosecutor Jake Delaplane as its agent. It's also unclear whether Shay followed the state procurement process in hiring the firm.
Councilwoman Nadine Nakamura called for the question (vote) — a move that effectively ends further discussion — but JoAnn overrode her and asked whether the request for special counsel applied to the
prosecutor and deputies as individuals, or the Office
of the Prosecuting Attorney.
“This
is to the Office of the Prosecuting Attorney and special counsel for
that office,” Al said. “I am not in control of any matters
thereafter.”
Councilman
Tim Bynum noted that Councilmembers were barred from asking Shay
questions about the POHAKU program during her April 20 budget
hearing. He said she also refused to answer written questions until
she had special counsel.
“Will
this facilitate us asking the questions that we wanted to ask,
programatic, about the POHAKU program?” Tim asked.
“It
will facilitate it to the point where you may ask any question that
you want as a Councilmember,” Al replied. “The response that you
get I have no control over.”
Although
Tim and JoAnn earlier asked for the prosecutor to return to finish
answering questions about her proposed budget, Jay did not schedule
such a session.
Al
also confirmed, in response to a question from Tim, that the request
for special counsel stemmed in part from allegations Shay made
in an email and during her budget hearing. She accused the county attorney's office of continually
working against the interests of her office, repeated conflicts of
interest and “constant attacks.”
Only JoAnn voted against the request for special counsel. Tim said he voted for the request after the amount was reduced from $30,000 to $15,000 and it was clarified the money would be used for civil matters. He also empathized with Al, saying it's "hard for County Attorney to represent OPA when they are making repeated and multiple allegations."
Prior
to going into executive session, JoAnn noted, “For the record, I
think there is still a conflict of interest on Mr. Kualii's part. I'm
sorry to have to bring it up again.”
KipuKai
works for the YWCA, which manages the victim-witness program that
Shay transferred from her office to the Y.
Meanwhile,
Shay continues to wage a deft public relations campaign, yesterday
distributing a news release about how she's gotten grant funds to
re-open “cold case” murder unit.
I'll
be curious to see whether Shay, who has made much hay about her track
record in prosecuting crimes against women, goes after such
politically prickly “cold cases” as the westside serial killings
and Lauren Kagawa murder. And will she finally be able to get charges
pressed against the guy who murdered Amber Jackson?
It's quite amusing to see Shay take credit for programs she thinks will play well with the electorate. But she invariably assigns Jake to carry out the more odious duties, such as trying the case
against Tim in the newspaper, even though it's already been dismissed.
Posts
43 comments:
Maybe Shay does not know what Jake is doing? It does seem like the bad stuff has his name on it mostly.
It just does not seem sustainable to have a prosecutor who won't explain her office's programs to the elected council who is supposed to decide the budget, unless the taxpayers give her a 15K lawyer. Isn't refusing to answer the council's questions some sort of dereliction of duty? Is there a way to impeach an elected official who just refuses to do their job (ie: answer council's basic questions)? Isn't answering to the council part of the job description? Is the charter on line somewhere? I often disagree with tree hugger Joanne, but cleaning up government and demanding answers.......she is spot-on. This should be done in the light of day.
JoAnn takes a lot of hits from the public for asking the questions that the other council members are afraid to ask. I'm glad she's calling it as everyone else sees it.
I'm disappointed with KipuKai. He championed himself in his campaigns as someone who would take care of the island and its people, but IMO, he's perpetuated the efforts to reduce sunshine in the council. And another thing, I just wish he would realize that although the Boards & Ethics Commission found no conflict of interest in matters involving the COK and YWCA, that it's such bad form for him to NOT recuse himself.
Uh oh. Honolulu lawyers getting involved. How much do you want to bet that in a month or two, we'll be back hearing about a second request for more money for the same lawyer, as the Honolulu Law firm bills for every minute that Shaylene rants on the phone about the "conspiracy".
2-1 odds on this lawyer billing us all over six figures before this goes away (hopefully on election day).
Are law firms going to bid on this, or does Shaylene just get a blank check? Is there any taxpayer oversight at all?
Civil defense? How much is this going to cost the taxpayer? Why do we have to pay if Shay broke the law?
KipuKai definitely has a conflict. Renae Hamilton, his boss and campaign manager, is palsy-walsy with Shay. She even forwards Joan's blog to Shay when it's about her.
lol, what would the point be of getting private counsel due to a conflict with the county attorney's office if the county attorney could have oversight of the private counsel? duh. Of course Al's office won't be involved.
As for the YMCA handling victim witness issues...everyone here would think that was a good idea if it wasn't Mrs. YouKnowWho's idea.
Eveyone except the attorney general and the feds. She can't apply for a grant when she got rid of the program.
There's no problem with the YWCA handling the Victim-Witness program. But there is a problem when their Director of Operations is involved in the legislative process that affects the YWCA's financial welfare.
BS the YWCA is connected with the Syndicates, make a complaint against the good ol boys and see what happens, that means cops, drug dealers, county cronies and the rest of Kauai's underworld Mafia. Believe that KAPU not KIPU
If you mean they know all of the names of the incest victims, then, yup. Wonder which familiar family names reoccur?
I just watched the meeting. That exchange you describe is at the very end. Joann was great. What was with Kipukai and that outburst? It was "Shayesque".
Democracy in-action. Wow. So glad the US brought us this exemplary form of representaton.
We need better news coverage. Hard to have an informed electorate without journalists to cover the stories. Go Joan.
Informed electorate? What island are you living on?
The people who vote here vote for criminals like Shaymela-la-ding-dong.
How to get the interest of an investigative reporter from the Star Advertiser?
there are no investigative reporters at the S-A.
Kauai used to have a lot of media coverage. KUAI, the Garden Island, the Star Bulletin and the Advertiser. Now, the prosecutor takes the fifth and nobody gives a shit except Joan and Andy.
Many years ago Anthony Sommers did investigative reporting on Kauai. He discovered a lot of dirty deeds on Kauai and wrote a book called KPD Blue. The Evil doers have not gone away, they have saturated every inch of Kauai with their criminal activities. The rule of all here is to control the media and what is written in the name of the mighty tourism dollar. Clowns have gone on Americas Most Wanted and told Lies, thats how deep that shit is here. Who will clean this shit up? Not Perry, Not Shaylene, Not Rabozo, Not Carvalho, Not Heu, Not Tokioka -There is No Courage in these COWARDS! We need Courageous individuals like Mickens, Stoesell, Taylor, Conrow, Parx, Hempey, Sommer and others from the mainland to run for office, only then we will see Kauai slowly heal from the abuse that we suffer from.
Mickens has his head so far up Shay's okole that when Mel kisses her, he's giving Glen tongue. I agree, though, Rapozo and Shaylene gotta go.
And don't give me this crap about the virtuous outsider from the mainland. Remember Gary Baldwin? Jake Delaplane? Jeremy Harris?
How few transplants ruin this island yet how many locals keep on destroying the lives of many. It's time for people who have heart, compassion, integrity, courage, and the will to lead Kauai in a new direction for a better present and future. If this budget passes and taxes are raised, it will cause more pain and suffering for the people who are not apart of the largest single employer on Kauai.
The County of Kauai is the single largest employer and nearly all is in the name of nepotism.
Rolf Bieber served on the BOARD OF ETHICS and did an awsome job, Charles Faulks Jr served on the Police Commission and was commendable in his efforts, Karen Diamond fights to protect Kauai. Where arethe they now?
Happy Mothers Day to all the mothers of Kauai, tell all your sons and daughters to open their eyes and see what has caused such a beautiful place become hell on earth and not to follow their footsteps.
The younger generation must have to recognize what is going on here is not working so the we must change how business is done as usual on Kauai. Our Kupunas must say enough is enough.
VOTE like its your first or last time and do not VOTE for familiar names and faces, ask them the tough questions and see if their eyes will tell you to have faith in them. Mahalo
10K, 15K, 25K, 50K, 100K, 115K The County believes that our tax dollars is there to serve them at will. I say "No Shayme" you scavengers of material greed that is powered by deception, who disguise yourselves as public servants but act like Bank executives. Monopoly money is fun to collect and give away when its not yours huh
To be fair Bynum has been trying to lower taxes for local people for two years
Bynum is fighting the against the POWERS is like Leonidas Battle agianst the Persians in The Battle of Thermopylae. The Good Ol Boys are the mighty Persians here on Kauai, Who will join Bynum in this Battle? Hempey was an Arcadian in Bynum's battle against Shayme and the battle was won but we need more Spartans to fight this war against the Persians (GOB). The battle with a deceptive ruler was also won by the blessed Tim Bynum, people voted against Kaipo Asing "The world will know that free men stood against a tyrant, that few stood against, and before this battle was over, even a god king can bleed" "Persian Cowards". Leonidas 300
Furafaro, Rapozo, Chang, Kualii, Nakamura and the rest of the GOB must not serve another day for the people of the County of Kauai. Honorable people and decent human beings of Kauai put your papers in and we "shall" or "may" elect you as County councils.
"I Have A Dream that one day our nation (Kauai) will rise up and live out the true meaning of its creed" "Free at last! Free at last! Thank God Almighty, we (Kauai) are free at last (from the GOB)!". Dr Martin Luther King Jr
Mufi Hanneman made Maryann Kusaka his campaign chair on Kauai. Doesn't he know about Kusaka's involvement in the Kaloko Dam scandal? If not for her stopping the county inspectors from doing their job, Pflueger would not have graded the spillway for the dam, which caused the dam to fail and 7 people to die. If she didn't stop the county inspectors from doing their job, the Pilaa disaster would not have happened either. The good ol' boys include some women too.
Actually There were 8 Lives that were killed, nobody talks about the unborn child of the pregnant lady. Kusaka has punched a one way ticket to Hell for that dirty deed. She should sell the land that she got fromcounty the McCloskeys Kealia Kai Makai and give that money to the families she help Plugher kill. The land was stolen from the Kanaka Maoli of Kauai, and it will continue as Kawakami, Couchi, and Tokioka will continue the tyranny. Kauai No Ka Oi at keeping these kinds of things a secret. HELLO
The petty whining wuss, Bynum, is getting off on all this.
Way to blame the victim Jake.
Jake Delaplane is the man behind the POHAKU mask. Can I get some of that 10K, I want me some Bama BBQ, Catfish, and some grits. Role Tide
I don't care if Bynum is getting off on all this. What's troubling is that Shay and Jake are getting away with all this. Can KPD investigate the Prosecutor?
Yes They Can, but will they? Heck no, Shayme and the Chief are allies. WTF over? We have a 487 if the 10K is not found, will Shayme and Jake be charged with Grand Theft? I highly doubt it, you can get away with anything here as long as you are connected. The people that threw 50K of cocaine over a fence and admit doing so while being video recorded and got away with it, makes you wonder WTF over? How's the Hilarios murder trial going? Media SILENCE and CENSORSHIP is a deafening Trajedy. Boycott TGI
Kauai Up to no good yet again, Some dirty cops with the assistance of, the clan, and the GOB are steadily trying to set people up. People Talk and the coconut wireless is on fire with all of the dirty deeds and continuation of abuse of position. Stalking, entrapment, setups, and other illegal activites by dirty cops was written in KPD Blue. The FEDS have been updated on their attempts, one day real soon you dirt bags will get caught. Good Ol Boys Good Ol Boys what you gonna do what you gonna do when the FEDS come for you. They hire your so called friends, family, coworkers, county workers, community service liaisons, and others to do their dirty work.
We have to encourage our local paper to cover this story.
Yep I heard that Murders made to look like Suicides are common on Kauai. How you gonna have tie marks around wrists and the guy hanging from a tree made to look like a suicide but feet can touch the ground and bruising around wrists and other places. Shibai
They have tried numerous attempts to retaliate against me for many years and keep on plotting against me. I know your pain, i have been given subliminal messages prior to many plots to set me up by their own people. I know his name and his rank at KPD, its high and his subordinates are enlisted hitmen. They used illegal wire and phone taps, stuff is real, life is always in danger from people who swore an oath to protect and serve. I have notified Federal agencies and friends, neighbors, coworkers and family knows if anything happens to me that they need to call all the national news agencies and Federal agencies to give them all the names and connections. Kauai would shocked and awed at the names, yes you talking all levels.
The Shadow of the GOB controls TGI. TGI has no guts to against their Master. We shall see a beacon peaking over the sleeping giant and the cold sun will put an end to these travesties.
Yup they set up guys who not apart of them. Avengers coming to Kauai.
Brah with the ICE problems and crimes, you would think something would be done by now.
Yeah get so much crime from the ICE heads and there eveywhere. Plenty work for county, state, construction, hotels, and they tweek hard.
Thats the same thing as Kaneshiro voting for additional dwellings on AG lands. As well as Beer Gate with Chang, young county attorneys had a beer festival with Chang to get his Vote. Prospects for the GOB doing overtime work during Furloughs. Oh yeah speaking about Furloughs with more than 60 million dollars in excess, the county of Kauai Furloughed some employees and gave the shaft to the lifeguards. In the meantime new FD positions are created and a new FD station is built as well as 100K county positions. While firefighters were caught fishing at Niihau and no mention of who were given or even qualified for the 100K county jobs. Fraud, Waste, and Abuse
still hot baby!
All this talk - I'd like to know how many Anonymouses here are out waving with Justin Kollar, have donated to his campaign, have put up yard signs and bumper stickers, have even talked up his qualifications with island voters. He's not mentioned here at all, yet he's the only path to riding this island of Shay. The locals vote for relatives, the haoles don't vote because they think it's not their right, and the lot of them whine online then go back to American Idol.
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