The
mayor's office, hoping to fend off today's planned demonstration at
the Kekaha landfill, has agreed to meet with westside residents this
afternoon to discuss the ongoing shipment of contaminated soil from
Kilauea to the dump. Per the mayor's instructions, the soil will be
halted for today only. In sending out an announcement of the hastily
called meeting, county spokeswoman Beth Tokioka said:
"Our
apologies for the short notice, but due to rising tensions in the
community as reported to us today, we felt it was important to meet
with the community as quickly as possible."
In
an email exchange with Kekaha community activist Jose Bulatao, who
was none too pleased with the short notice and being pressed into
service to spread the word, Beth added:
“We
are hopeful that those who were planning to demonstrate tomorrow will
instead attend this meeting and participate in healthy, meaningful
dialogue.”
The
opposite of healthy, meaningful dialogue is underway in California,
where chemical
and processed food companies have poured some $22 million into an effort to defeat Proposition 37, a bill to require labeling of
genetically engineered foods. Biggest contributors? Some of our
westside “neighbors:” Dupont Pioneer, Bayer Crop science and BASF
Plant Science. Monsanto alone has kicked in $4.2 million. But
despite the influx of cash from corporate giants like Coca-Cola,
PepsiCo, Nestle USA, General Mills and ConAgra, the “No on 37”
group falsely bills itself as “a coalition of family farmers,
grocers, small businesses, and food producers” against food
labeling.
Council
Chair Jay Furfaro, who has bent over backwards to accommodate County
Prosecutor Shaylene Iseri-Carvalho, finally got fed up yesterday with
a falsehood that she and her first deputy, Jake Delaplane, keep parroting — namely, that an opinion written by Gary Slovin, who was
hired as Special Counsel for the Office of Prosecuting Attorney,
“clears” the POHAKU program.
Jay's
comments came following a lengthy discussion about implementing a
keiki POHAKU program, with Councilmembers expressing concerns about
inconsistencies in the OPA's procurement process and financial
reviews, including applying for a grant without first getting the Council's approval.
Councilman
Tim Bynum said he was prepared to vote for a deferral, but wanted to
note Slovin's report “wasn't an independent opinion, it wasn't a
decision, it didn't clear anything, it was the opinion of the
attorney hired to represent the Office of the Prosecuting Attorney.”
Jay
agreed. “What Mr. Bynum just said needed to be said because Mr.
Slovin is your attorney and he was hired by money from...”
Jake
then began shaking his head and saying “that's incorrect” from
the audience, prompting Jay to call him up for some questions.
“Did
this council approve money for legal services for your office?”
“They
did,” Jake said.
“Did
Mr. Slovin, was he selected originally to be your counsel?”
“Not
by our office and not to represent our office.”
“Your
office is not solely responsible for the selection of the attorney by
Charter,” Jay said. “Let's make sure we're following all the
rules. Those selection processes are made by the county attorney and
not by the department that got approval. And I do also want to say
that Mr. Slovin gave an opinion which is his
opinion as a special counsel that was hired. He didn't give an
opinion as it reflected the judgment of the courts. Now if you want
to write me anything more about the three things I just said, you're
more than welcome.”
“I
will, and I will make that public also,” Jake said.
“You
make it as public as you want,” Jay said. “I wanted to clear the
record. Mr. Slovin was hired with special counsel monies provided by
this council for the purpose of defending your office.”
“That
is incorrect and I will be submitting the correct characterization in
writing," Jake said.
“Well,
I know what I voted for,” Jay said, “and what I voted for was
special counsel for your office.”
“What
you voted for and what actually happened are two different things,”
Jake countered.
“Then
you speak to that in your response to me. But if you check the county
records...what I voted for was for defense and legal counsel for your
office. If it was different than that then you may write me and I
will take it up personally with the county attorney.”
“Defense
was nowhere in there,” argued Jake, who then went on to claim that because Slovin was acting as a county attorney, his opinion “is just as if the County attorney himself wrote
an opinion.”
“And
that is your opinion,” Jay said. “He was to give you counsel for
the POHAKU program only on civil matters, not criminal. That was
never a question here. Let's leave it at that.”
As I've reported previously, the contract with Slovin's firm states:
Scope of Services. Special Counsel shall provide all such professional legal services as may be necessary to represent the Office of the Prosecuting Attorney limited to civil matters related to the POHAKU program.
County Attorney Al Castillo, under questioning from Tim, also took issue with Shay's claim that his office had directed OPA to stop referring defendants to diversionary programs. “Blaming another department for the delays, I would say it's using the County attorney's office as a scapegoat. No, we didn't block anything.”
Early
on in the session, Council regulars Glenn Mickens and Ken Taylor
complained about the Council calling a special meeting to discuss the
OPA's diversionary grant programs and scrutinizing the applications
so carefully. Ken characterized it as “witch
hunting.”
Ummm,
I guess they didn't realize the matter was on the regular agenda last
Wednesday, but Shay guys were busy with the primary election, I mean
a critical “cold case.” So they asked for a deferral and Jay set
up a special meeting just to accommodate OPA's supposed need for
urgent action. Amazing how Shay so often gets special treatment, yet she and her supporters complain that she's treated unfairly.
Posts
112 comments:
I used to respect mickens but he is a total sell-out on this issue. wonder what he thinks of the literal "witch hunt" in rice-cookergate? is that a manini matter -- the state fabricates a criminal charge for political reasons? can't he understand that misuse of ANY public funds should be a concern of all citizens? or should the county just sweep it under the rug so mel and kipukai can rule with shayme?
Bynum wasn't accused of a rice cooker. I lolled at the file at the court house. They will let you have it at one of the windows. I think circuit court. The lady there gave it to me but I had to stay in the room to read it. I wrote down the case number. 5PC12-1-131.
Now that every County Department will have to get Council approval before they apply for a grant, goodby grant money. No one ever had to get Council approval before they applied, only after they were given the grants, they needed approval to accept & expend. I hope Bynum & Yukimura remembers that when their favorite departments come up.
Whatever it was that Bynum was accused of, the Judge ruled that OPA should not be involved at all, and the Attorney General very quickly decided that there was no case...... and dismissed.
So unless you believe the OPA that it was all a big conspiracy between the A.G. and a deputy county attorney and Circuit Court judge and a defense lawyer, it sure smells like a vendetta.
I think individual departments in the County can apply for any grant as long as they qualify. If the individual grantors feel the department qualifies, the department is awarded the grant. The department must then request approval from the County Council to use the grant money. The grantee doesn't need to ask permission of the County Council to apply for a grant, only to use the grant money. It's all a part of the checks and balances system to ensure that grant money, any money is being spent legally, ethically and according to the terms of the grant.
It used to be like that until yesterday!
It would make sense to get approval first. Why spend time to apply if Council says no to project?
Joann and Tim hammered on Jake Deleplane for applying for the grant before going before the county council. They acted like it was unheard of. Liars.
For many years the standard for every new grant is to come to Council for permission to "apply, receive and expend" before you submit the grant. It is in the budget ordinance. The agenda item under discussion said "apply, receive and expend." Look it up.
When you go to the County's webcast site and click the agenda item, Shay's letter says that they're asking for council approval to "apply, receive and expend". Why was she asking for approval to apply for the money if she didn't need it? Why not just ask for approval to receive and expend?
Prosecutors ethics should be beyond reproach. Can anyone really say that is true today.
Wow the OPA is out of control!
I used to respect mickens and taylor but now they look like kipu and mel, screw them bootlickers.
I am proud of Jay for calling out Jake and his masters for their falsehood.
There's needs to be some serious investigations by the FEDS for this POHAKU (Protect Ohanas As a Korrupt Union).
Watch out for the keiki version (child slavery for drug and crime expansion for the GOB).
That seems a little extreme. It's typical Shay and Jake b.s., but child slavery and drug and crime expansion??? Shay should be criticized for naming Jake her first deputy - seriously, Shay, you couldn't find someone smarter in your office than this guy - and hiring Charley to write press releases at a deputy prosecutor's salary and for a whole lot of other stupid choices but they're not committing federal offenses.
For those who've forgotten the facts of "Rice Cooker-Gate" Shay claimed no involvement whatsoever in the actions of the planning inspector who trespassed and saw a rice cooker through a window in Tim's family room . But an email from before the event between her and Ian Costa surfaced showing she not only knew but directed it.
Glen blindly supports Mel and Shay because they were the only ones to question the bike path... that simple.
Think of it in this way, you are in the dope or crime business and you have kids or little nieces and nephews that have a security blanket program if they get caught peddling or committing criminal acts. The criminal enterprise is protected by a cheap get out of jail or record program. They pay a couple hundred dollars yet make thousands or even millions for their masters. This will be Kauai's version of Kony, Baader Meinhoff Terrorists, and somali child soldiers.
If you think child slavery does not exist then you are blinded by your own ignorance.
Jake lied! Well, it's not shocking news but at the 5:30 mark of the webcast of the special council meeting Jake told Jay Furfaro that his office did not select Gary Slovin to be the special counsel. In fact, the selection of Mr. Slovin was made by John Murphy, Jared Auna and Sam Jajich, all of whom are deputy prosecuting attorneys under Shay and Jake. The selection committee met on May 23, 2012 and Mr. Slovin was their first choice. Jake, it's public record. How stupid can you get?
If you cut and paste the link below, it will take you to a pdf document:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CEIQFjAB&url=http%3A%2F%2Fwww.kauai.gov%2FLinkClick.aspx%3Ffileticket%3DQIEWAl0mFSQ%253D%26tabid%3D533%26mid%3D2473&ei=-_MtUPSRNqa6yQHYsYGgBA&usg=AFQjCNFoa3PHZKFs9H8n_-1bs2pAahcTIA
This is already happening in the continental US, where Gangs and pimps use and abuse young children to do their work because they know that kids won't get punished harshly as an adult who commits the same crime.
Jake's rebuttal: That is incorrect-I said neither Shay or I seleced Slovin as a defense attorney and as a whole the OPA did not select mr Slovin but other deputies might have selected but neither Shay, I or the OPA as a whole selected Slovin as an attorney. That's All Folks!!!
Great performance! Almost as good as "The Glove does not Fit, you must aquit".
Now the whole OPA and Jake will be busy opening cold cases, pale ale or stout? What a effin excuse
10, 20, 30, or 40 years ago who on Kauai would have thought that ICE (Meth), Unsolved murders, and RX drugs would be the most dangerous things for the communities of Kauai.
Crimes and Drugs have expanded through the years on Kauai so Do Not Down Play the seriousness of these life altering public safety Deadly threats of Kauai.
A US postal worker was busted for being a Fast and Furious Illegal Guns dealer. Just look through the years of all the deadly illegal firearm weapons these felons and drug dealers have in possession in the TGI arrest logs.
Internal Memo
From: Shaylene
To: Jake
Date: August 12
Given my defeat at the hands of the white boy who shall remain nameless because just typing his name causes me to spit uncontrollably, I will not appear at Council meetings until after the November election. Your mission is to appear at Council meetings and lie, lie, lie. Also, kiss up to Glen and his chubby sidekick. They're kind of gullible. Just mention that you hate the bike path and Glen gets excited.
Go ahead and be as big of an asshole as you can be. If I lose this election, immediately book a plane back to Alabama, as I doubt you'll be extradited for all of the manini offenses that I had you commit. And don't pay attention to all your critics who say that you're an idiot for blindly following every drunken order that I give you.
Thank you for taking one (hundred) for the team.
P.S. if you do get extradited, I'll make sure that Strategic Justice waives the $200 Pohaku application fee.
PPS don't worry if you get caught in a lie. The majority of the Council doesn't seem to mind whe we spoon feed them bullshit. Some of them actually savor the flavor.
Andy Parx is parroting Tim's lawyer's lies. Tim got a letter from planning telling him to fix his illegal apartment and make a appointment for an inspection to make sure he did. Instead of doing what the rest of us would do and fix the problem and let them come see, Tim refused to fix it and lawyered up. So like any of us would, he got prosecuted. Now he's bitter at Shay because he thinks he's above the law because he in a council member. Screw him.
Instead of doing what all the other department heads do when they appear at the council, Shay refused to answer questions and lawyered up. So, like any other prosecutor who takes the fifth, she got investigated. Now, she's bitter at Al, Tim, Joann, Jay, Judge Watanabe, the Humane Society, Erin, Diana, Tracy, Justin, Rosa, Lori, Shannon, Lucas, Mark, her old boyfriend, Dan, . . . She's screwy.
Andy Parx is stating the truth. Shay was involved in the rice cooker fiasco from the beginning. When the case went to court, Jake's unethical behavior and incompetent courtroom skills were exposed for all to see. I saw Jake's performance that day, as did a lot of others who came to court with an open mind. It was hard to believe. While the abuse of power by Shaylene was bad, her decision to let Jake take the lead in the Hilario case is even more disturbing. Jake does not have the skill or the intellect to try the Hilario case.
I saw Jake telling council how OPA did not pick Slovin. Now I read that Jajich, Murphy and Ahuna did pick him, all from OPA?
What gives? Did Jake learn his truthiness skills from Bill Clinton?
He learned from his master, Darth Shayder.
3 deputy prosecutors (paid with money they take from me in taxes), have a meeting to decide which lawyer will be hired (with my taxes) to defend the Prosecuting Attorney before a Council (paid with my taxes) who refuses to answer questions about her own program, and of course they pick the most expensive law firm in the State. Then the 1st Deputy (paid with my taxes) goes before Council claiming that was not the right lawyer ... so more meetings....
Meanwhile someone is being denied food stamps due to a lack of funding.
First deputy making $100 grand plus says whatever pops into his lizard brain with no apparent consequence. Shay once said she fires dishonest lawyers. Jake lied to Judge Watanabe, lied to the council, lied to the media but he's still there. Nice.
"Andy Parx is stating the truth. Shay was involved in the rice cooker fiasco from the beginning."
Yeah sure. And the CIA is going to arrest all the people you don't like on Kauai. You guys just say whatever shit you make up. Most people get a letter from planning saying you got violations, you better fix um and call us for a inspection after, most people fix it and go on.
Not Tim. He better than the rest of us. He said no to the planner. Told the planner no. He wasnt going to fix up or let them inspect. He signed an agreement on his ag property and he broke it. Why are you people supporting that haole liar? What's in it for you? You would not get away with what he got away with. No way.
We wouldnt have been prosecuted for what Tim did. He was singled out because Shay and co. hate him.
Yeah but what about the email that showed Shaylene Iseri Carvalho was involved since the beginning? Was it a fake email?
Has planning ever once before told someone to unplug their rice cooker and then demand to come inspect the inside of their house? What country you living in? Oh and why did Sheila Miyake send a copy of the supposed zoning violation to the County Clerk months before Tim even got it? Everyone who followed this story knows it was political payback. But keep clinging to your story that it was all a conspiracy with the judge and the Attorney General and the County Attorney protecting an evil rice-cooking haole. You just got caught sista.
Your rice cooker story is a lie. somebody said the file at the courthouse has pictures. I'm going to hear that lie enough times I'm going to get that file and put those pictures of his kitchen on the internet. THat will stop the "rice cooker" lie.
You say there's a email proves the prosecutor was in on the beginning? Prove it. You all liars. We not going to take your words for nothing. Got to prove it.
"keep clinging to your story that it was all a conspiracy with the judge and the Attorney General and the County Attorney protecting an evil rice-cooking haole."
Bynum is the one claiming there's a conspiracy! The prosecutor conspiring with planning? Ha! That's the first hole in your story. Prosecutor and planning don't cooperate on anything!
I hear rumor there is another tape where Sheila M told Jake that they went after Bynum because Kaipo wanted it done. Any truth to that?
Tim was one of several flagrant zoning violators prosecuted at that time. He got away with it because he's a sniveling wimp who shamelessly used his position to claim he was treated unfairly. Of corse the AG declined to prosecute when the stupidest judge in Hawaii recused the prosecutor. Why would they want to try a county zoning violation against a county councilman? They wouldn't.
This is a COURT FILED document in State v. Bynum. GO to page 12 of the document. The emails show Shay's involvement way at the beginning stages of this case - back in April 2010. Clearly, she is looking for something to pin on Tim Bynum.
http://lauhala.com/hinano/20120504-074140-Bynum---Motion-to-Recuse.PDF
Oh look. Daniel G. Hempey gave Joan Conrow a copy of a motion he filed for Tim Bynum, and Joan Conrow uploaded it onto the same lauhala.com server where she puts all the external documents she puts online, and then she or Daniel G. Hempey wrote the comment.
Where is the picture from court of the large refrigerator and the counter and cabinets and spice rack and the KITCHEN SINK? Watch for that picture soon Mr. Bynum.
What does the email show? That somebody sent planning and the prosecutor a complaint because Bynum was renting out part of his house. Probably an angry neighbor after the cops had been called to they Bynum residence a couple of times on the loser, low life tenants he rented to.
So even though the prosecutor was very well known from her council member days as being strongly against rentals on ag lands, and even though she had prosecuted other people with illegal rentals, she better not touch Massah Bynum or his lawyer will tell everyone Shay is out to get Massah.
Give us a break. We are not stupid. Bynum got away with one because he is on the council and he fought back against the prosecutor. You people are shameless.
We need to be supporting the prosecutor right now to fight crime on the island. The prosecutor wanted funds for diversion programs but Bynumm and Yukimura put their petty politics ahead of the community's needs!
Mel Rapozo and Kipukai Kualii are there supporting Kauai law enforcement every meeting. Yukimura even maneuvered to have Kipukai kept out of the discussion! Disgusting. She is so slimy.
Ken Taylor and Glenn Mickens were exactly right. It's ugly politics and the people are sick of it. Why do you think Bynum did so poorly in the primary and Yukimura did much worse than usual? Duh. We're getting very sick of them. They look like spoiled children up there at those meetings. Who can watch those meeetings and not see that they are brats!
Good for them. Do the right thing. Make her follow the rules. She's the prosecutor and she is supposed to uphold the law.
Good thing Dan gave Joan the motion. The Garden Island didn't lay out the story like Joan did. Jake just full on lied to the judge when he said he didn't have a conflict. What are you Shay supporters saying, that the prosecutors always try to trick witnesses and secretly tape them? That is so unethical.
Here's what Judge Watanabe had to say about the prosecutor's office and Tim Bynum:
“Your entire office is disqualified from prosecuting this case,” she told deputy prosecutor Jake Delaplane. “It will be forwarded on to the Attorney General's office.”
The judge later noted: “The court has very serious concerns about how this matter was handled.”
Lucas Burns testified he was working as a deputy prosecutor when Jake asked him to contact Liberty Yokotake, who had been assaulted by another woman while living at Tim's house. He said Jake coached him to use the assault case as a guise for asking questions about the layout of Tim's house and the location of various appliances, which could be evidence of a zoning violation. And all the while, Lucas would be surreptitiously tape recording the conversation.
The plot was foiled when Lucas refused to play along. "I thought it was inappropriate to secretly tape record and try to come up with reasons why these questions were being asked when it was really to investigate Mr. Bynum," he told the court. "I thought doing this with a hidden tape recorder and without the full knowledge of the victim was inappropriate and not something the first deputy should be doing."
http://www.kauaieclectic.blogspot.com/2012/04/musings-down-rabbit-hole.html
More from down the rabbit hole:
Jake contended his office had no conflict, and said “how we proceeded in this case is entirely proper.”
But the judge wasn't buying it. “I cannot fathom why you would not have anticipated a conflict,” she said.
“We did,” Jake said, which is why his office had sought the motion to quash Lucas' subpoena so he couldn't testify.
“Now you're changing your position,” the judge said, noting that originally, they asked her to bar Lucas ' testimony because it was work product. “Now you're saying it's because I knew what he was going to say and I didn't want you to hear it.”
Typical Jake. BS the judge. BS the council. And he's fooled a lot of people.
Watanabe is the stupidest judge in Hawaii and every lawyer on Kauai knows it. Valenciano is sick of her because she can't keep up with half a case load. Half the lawyers want to impeach her. She's an idiot. Perfect for the strategies of Daniel G. Hempey. What a sucker.
Lucas Burns also choked on his lie that he told Jake he wouldn't wear a wire because he thought it was wrong. When Jake reminded him that what Lucas really said was that his family was Bynum supporters, Lucas hummed and hawed and said, well I MIGHT have.
Jake lies, gets caught in the lie and you attack Judge Watanabe. Lucas Burns doesn't agree to Jake's unethical tactic and you attack Lucas. Can't dispute the facts, so you disparage those that disagree with you. I can tell you this, Judge Watanabe and Lucas Burns are ethical people. Can you really say the same about Jake?
And Judge Watanabe was smart enough to catch Jake lying. He's kind of stupid, yeah?
Name one person Shay prosecuted for rentals on ag land. There are dozens operati g right now as TVRs without permits but she never touched any of them. Waranabe is a great judge. Shay just doesn't like her because she's on to Shay's shit. Like everyone else who has a brain.
"Lucas Burns doesn't agree to Jake's unethical tactic and you attack Lucas. Can't dispute the facts,'
You are denying that Lucas back pedaled and admitted that, well he might have, when Jake challenged his lie that he said he wouldn't do it for moral reasons and really said he wouldn't do it because his family were Bynum friends? Check the CD. Liar.
I don't know who is leaving these pro-Shay comments but you aren't helping her because you are so nasty. Yuck. Revealing though.
"I don't know who is leaving these pro-Shay comments but you aren't helping her because you are so nasty. Yuck. Revealing though."
Oh. You should go back through this blog and see all the nasty anti-shay comments. The pro-Shay comments here don't hold a candle.
"Check the CD. Liar."
Saw it live. Jake looked really bad. I think everyone was kind of stunned by Lucas' testimony. Really, Jake, you didn't know that you'd have to take the stand and refute Lucas and that once you testify you can't go back to being the lawyer? The district court deputies who just passed the bar know more about court room procedures and tactics than Jake.
I'll bet none of them go to Jake for advice. You think Jared or Sam or John think, "wow this is a complex issue and Jake is so experienced and smart, let me ask him what I should do"?
If Jake looked bad it was only because Lucas lied on the stand. If he looked bad it was because he was naive about the depth of Lucas' deceit.
It doesn't create a conflict when a witness lies on the stand and the lawyer who interviewed him becomes a witness. Watanabe had no reason to declare a conflict. She is ignorant. The witness-lawyer becomes a witness and is replaced by another lawyer. It happens all the time. Again, Watanabe is ignorant.
Jake looked bad because he's not very bright, to put it kindly. Here's the rule:
Rule 3.7. LAWYER AS WITNESS.
(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness except where:
(1) the testimony relates to an uncontested issue;
(2) the testimony relates to the nature and value of legal services rendered in the case; or
(3) disqualification of the lawyer would work substantial hardship on the client.
None of these exceptions apply. Lucas' testimony was contested or Jake wouldn't need to testify. The testimony did not relate to the nature and value of legal services rendered (although it did touch upon the nature of Jake's unethical behavior). The disqualification of the prosecutor's office was no big deal, as the attorney general can take any case from the prosecutor, as often happens when there is a conflict (Humane Society, Rego, etc.) If Jake had half a brain, he would have known this going in to the hearing.
Jake looked bad because he's not very bright, to put it kindly. Here's the rule:
Rule 3.7. LAWYER AS WITNESS.
(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness except where:
(1) the testimony relates to an uncontested issue;
(2) the testimony relates to the nature and value of legal services rendered in the case; or
(3) disqualification of the lawyer would work substantial hardship on the client.
None of these exceptions apply. Lucas' testimony was contested or Jake wouldn't need to testify. The testimony did not relate to the nature and value of legal services rendered (although it did touch upon the nature of Jake's unethical behavior). The disqualification of the prosecutor's office was no big deal, as the attorney general can take any case from the prosecutor, as often happens when there is a conflict (Humane Society, Rego, etc.) If Jake had half a brain, he would have known this going in to the hearing.
In summary.
Hawaii County prosecutor Lucas Burns lied under oath, for a dishonest defense attorney, who tricked a stupid judge to protect Bynum and help Kollar. And then the Attorney General dropped the whole case for no good reason.
This must stop. Vote Iseri-Carvalho.
Here's the rule:
Jake was not likely to be a necessary witness until Lucas unexpectedly lied on the stand.
Your rule only applies in this case if it was predictable that Luke would lie.
Rule 3.7 doesn't require that the examining lawyer assume that a lawyer on the stand will lie. That's on the lying lawyer.
You're rule doesn't prove shit.
nobody says stupid watanabe was trying to help koller
Why would an attorney general prosecute a local zoning violation against a sitting county councilman? What sane AG would? Of course the AG isn't going to prosecute that - even if the county councilman is 100% guilty. The AG's running away from this is no proof of Bynum's innocence.
The pictures prove Bynum wasn't innocent!!!
You keep saying stupid Watanabe when the truth is she's smarter than Jake and Shay. Combined You are really grasping at straws if you think everybody was wrong but Jake and Shay.
"Combined You are really grasping at straws if you think everybody was wrong but Jake and Shay."
Was Bynum renting out an apartment from his house on ag land? Yes.
Did it have a room with a refrigerator, kitchen sink, cabinets, cooking utensils, food? Yes.
Did he get off scott free? Yes.
Was he a public servant at the time? Yes.
Who was wrong? Bynum.
Oh my god bynum's house had a room with food in it! Someone please alert the FBI!
How many others were prosecuted for having a kitchen? Zero.
"Your rule only applies in this case if it was predictable that Luke would lie."
But this is what Joan reported back in April:
"Watanabe questioned why the prosecutor's office hadn't foreseen this possibility when Lucas was first presented as a witness.
Jake replied that it had, which is why it had sought a motion to keep Lucas from testifying."
So Jake knew what Luke was going to say, whether it's true or not, and Jake knew that he was going to be a witness beforehand. Is this Jake? Still can't figure out the rule? Judge Watanabe did look perplexed that day. She, like the spectators who witnessed Jake in action that day, had never seen a donkey in a suit and tie.
If sounds like Tim had a second kitchen. If so, he intentionally broke the law. As an elected official, he broke the publics trust. Getting off on a technicality doesn't absolve him. He is not fit for public office.
The collusion to retalliate against Tim Bynum for his due diligence to have a transparent county government is SICK. The GOB got rid of Lani Kawahara and now they are conspiring to work together against Tim because Together They Can.
If we have Gary, Joann, and Tim on council for the island of Kauai, we will soon end the reign of the POHAKU (Protect Our Hanai As a Korrupt Union) style GOB Mafia.
The PA reign of terror must END, we must vote her and her pals out of office.
Regardless of whether prosecuting Tim B had a kitchen or not, I think the first deputy ought to be able to win a routine zoning violation case.
If it wasn't routine, then it was funny business.
What technicality? According to the attorney general, the case was dismissed because it couldn't be proven. That's not a technicality. Why were the prosecutor and first deputy involved in a zoning case in the first place?
"Calling some statements county Prosecutor Shaylene Iseri-Carvalho made to a grand jury “irresponsible” and “sloppy,” 5th Circuit Judge Kathleen Watanabe on Wednesday dismissed 32 counts of incest against Kenneth Bray of Kapa‘a.
...
Both Watanabe and De Costa called that “prosecutorial misconduct,” with De Costa making a motion to dismiss the incest charges based on such.
...
“I have to tell you that it’s a real struggle for this court to do this based on the seriousness of the charges,” Watanabe said of dismissing half the charges against Bray. But people have their rights, she added.
"The people have their rights."
True that."
As Posted on Planet Kauai Blog
Shay? Irresponsible? Sloppy? Committing prosecutorial misconduct? And Charley posted about it? Uh oh.
The AG made no statement about why he didn't prosecute. Of course they wouldn't prosecute a sitting county councilman for a zoning violation. Why would they step in that?
Okay let's try to simplify this:
First the facts: 1) Shay really does hate Tim Bynum. 2) Judge Watenabe is undoubtedly the worst judge to ever sit in Hawaii. 3) Tim Bynum really did violate the TVR law.
These are all true statements. Now some say that Shay cooked up the whole charge as a conspiracy. This would be wrong. What really happened was a planning commission violation by Bynum was reported to the Prosecutor's office, and Shay's eyes got wide and bright, and a big smile came on her face. She caught him committing a crime and she was gonna get 'em. Bynum, being the weasel he is, pointed out the fact that Shay hates him, and used it as a defense. And...it worked.
In summary, Shay should've conflicted out immediately due to her relationship with Bynum, BUT...Bynum was guilty and got off on a technicality.
What about the email from director Costa to Shay stating nothin illegal about renting or internal lock?
The technicality was he didn't do anything wrong. Like trespass for example.
TVR law only applies to short term tenants silly.
"What really happened was a planning commission violation by Bynum was reported to the Prosecutor's office....."
That is wrong. Planning never reported it to the Prosecutor. She found out about it from a police report and then went after Tim.
2) Judge Watenabe is undoubtedly the worst judge to ever sit in Hawaii.
Only Shay, Jake and their supporters believe this.
August 18, 2012 10:17 AM -- You certainly won't find Charley writing about prosecutorial misconduct these days. That was two years ago. This is why Shay hates Watanabe. She's on to Shay.
Valenciano also knows Watanabe is the worst judge in the state
Randal Valenciano would never publicly comment on another judge. He would also never tell some clown what he thought so he could post it on a blog. On the other hand, the record doesn't lie. Jake Delaplane is hands down the stupidest deputy prosecutor, first or otherwise, in the history of the state. Thank you, Shaylene, for giving us that distinction.
Valenciano is intimidated by Watanabe because she's smarter and more ethical than he is.
"The AG made no statement about why he didn't prosecute. Of course they wouldn't prosecute a sitting county councilman for a zoning violation. Why would they step in that?"
Actually, Jake, here's what Special Deputy Attorney General Richard Minatoya had to say:
"Minatoya said county witnesses would not testify that Bynum’s addition was a second kitchen as designed specifically for use in cooking and preparing food in violation of Section 8-1.5 of the Kaua‘i County Code.
There was not sufficient testimony to show that a live-in family friend who used the addition had placed Bynum in violation of the dwelling ordinance. The resident testified to using the main kitchen facilities, he said."
http://thegardenisland.com/news/local/crime-and-courts/special-prosecutor-bynum-case-could-not-go-to-trial/article_535db33e-9670-11e1-ae59-0019bb2963f4.html
Jake, stop lying. You, following the orders of Darth Shayder, went after Tim Bynum in a politically motivated case. You got exposed in Judge Watanabe's court and either you or Shay keep calling Judge Watanabe's intellect into question. Give it up. You got caught lying and engaging in unethical practices.
Thank goodness Jay Furafaro is seeing the light.
Jake Delaplane says he had direction from Ernie Rezentes to apply for grants without council approval many times then he changes that it was from Barrera.
When I was younger I use to watch wrestling and a charcter that was popular was Jake "the Snake" Roberts. Now I thought there were no snakes on Kauai but like Mongoose sightings, I believe the whole island of Kauai can see a real life human SNAKE on Hoike channel 53 dressed in a Aloha shirt and his initials are JD.
It is difficult to read the comments in this blog. Our community should not be going through this, but when individuals abuse power they need to be held accountable. The truth of this situation is now well documented. Trying to spin the facts and attacks on individuals character should not be part of the equation, but it is what it is.
In 2005 I built rooms on my home to accommodate my new grandson and my elderly father. I submitted plans that were approved and we built according to those plans, no more no less. The County approved, The County inspected, The County issued a certificate of occupancy. Not one thing changed after inspection. The family room has a counter and a sink, but no stove. All legal like hundreds of others on Kauai. As I said how this was misused by a small but powerful group of individuals starting in 2010 is now well documented and time will tell.
Why does he even need a lawyer? Doesn't he know the law?
How about that big full size fridge you had in there?
The GOB Mafia attacks Tim, don't worry Tim we support you! They have the green light on you Tim but we will protect you from the GOB Mafia.
Soon the RICO GOB KAUAI MAFIA will be brought to JUSTICE, The families will be held accountable.
How many people on Kauai have more than one fridge in their home?
Oh no, a full size fridge! Forget the planning violation, call the FBI! He's wasting electricity! And Tim, are you hiding the Haagen Dazs in that extra fridge? Naughty, naughty.
Shouldn't Mel had recuse himself from approval of the grant of the keiki pohaku because he received/receives checks from the OPA, Is this not a conflict of interest?
This is the same as Kipu receiving funds from the OPA and was recused during OPA budget process.
The Devils are in the details.
ll the people who are SICK and TIRED of the same familes getting away with crimes, being protected, dealing drugs, committing unsolved murders, and white collar crimes should vote for Gary, Joann, Jay, Kollar, and definately Tim Bynum.
The GOB is putting a SMEAR campaign on Tim Bynum because he went against the GOB and fought for open governance. The secret dealings, beer buying votes, opening cold cases of Bud Light, various criminals acts, and the retalliation against Tim Bynum by the PA and her First Deputy unraveled because the collusion did not cooperate.
Tell all your friends, families, and coworkers about the corruption in our county of Kauai and if they want to END part of it then they must Vote for. Tim, Gary, Joann, Jay, and Kollar.
I get this picture from the comments. There is a "full size" refrigerator, cabinets, a counter, a "kitchen sink," "spice rack," "cooking utensils," "food," a "rice cooker," "other portable cooking devices."
The Kauai "comprehensive zoning ordinance" (section 8-1.5) says,,
"Kitchen" means any room used or intended or
designed to be used for cooking and preparing food.
It sounds like the planning department inspectors and the county prosecutor has a pretty good argument that council member Bynam had a kitchen in there.
Even if it was his tenant's kitchen, wouldn't the prosecution have to show that Bynum knew his tenant had the portable things in there - spice rack, rice cooker, utensils, etc.
Don't our prosecutor and first deputy have bigger things to spend their time on???!!!! Seriously! How about the Hilario murder case?
Why is Bynum above the law? Why shouldn't he have to live by the same rules as the rest of us?
Seriously, work on the Hilario case and the unsolved murders already. Prosecutors on here three months after losing, still trying to make one case about a damn kitchen.
Bynum isn't above the law. He was charged. The charges were dropped because they couldn't be successfully prosecuted. The same thing happens to other people all the time. Get over it and get on with life.
I'm more interested in whether the Prosecutor/First Deputy and planning inspectors are above the law, or whether they will be held to account for their questionable actions in this case.
"I get this picture from the comments...." ..
well don't be surprised if the picture you draw from the comments here is distorted.
If there were other appliances, you can be sure the able OPA 1st deputy would have brought that up in Court.
Hilario case is washed up because he has connections in the OPA. They're putting a rookie prosecutor to get this guy. Do you guys know there's a lot of connections to this case. How did Moore get set up? Is Shay good friends to Hilario's famil? Was Mel involved in tracking down Moore? Did Mel locate Moore prior to the murder? What was the roles of the co-conspirators? It's a deadly game of deceit that the PA is playing, pay attention my neighbors because there's more than meets the eye in this Murer case.
Q: How can you tell a planning inspector from a peeping Tom? Do you get to shoot 'em?
If a kitchen is any room used for cooking or preparing food, then how is a room with a refrigerator, sink, utensils, and rice maker NOT a kitchen?
The 40 year old CZO requires "installed cooking facilities"
Blame the victim. Bynum should update the CZO to criminalize his situation or pass a law that requires prosecutors to read and understand English.
"Kitchen" means any room used or intended or
designed to be used for cooking and preparing food.
"Minatoya said county witnesses would not testify that Bynum’s addition was a second kitchen as designed specifically for use in cooking and preparing food in violation of Section 8-1.5 of the Kaua‘i County Code.
There was not sufficient testimony to show that a live-in family friend who used the addition had placed Bynum in violation of the dwelling ordinance. The resident testified to using the main kitchen facilities, he said."
Then there must be hundreds of carports in violation. How come Shay didn't go after them?
AG couldn't prove a room with a fridge, kitchen sink, cooking utensils, food, spices, rice cooker, etc was a room used for preparing food? LAME!
Stove, microwave, fire pit, what did they have to cook with? You must be one of those raw food types. Look at Tim. Does he look like he's on a macrobiotic diet? Most judges and juries would ask those basic questions.
Who cares if it was arguably a damn kitchen.
The prosecutor's office has an awful lot of power and is supposed to use DISCRETION in deciding what cases to pursue and investigate.
There are enough laws on the books at all levels that every last one of us is in violation of at least some of them. It is the prosecutors job to decide what is in the public interest and to use their power justly, fairly, and wisely.
The tone is set at the top and the current version of the prosecutor's office is sorely lacking in those qualities.
Wisely said.
Council members, all public servants, should be held to a higher standard. Bynum refused to respond to numerous letters from the Planning Department. He refused to cooperate with the county and instead he lawyered up. His lawyer got him off on a technicality. Bynum was not vindicated in any way.
I want a prosecutor who will do her job and not wimp away just because the wrongdoer is a government big wig. Your guy Kollar would and did be a wimp when he should lead.
Just what we need, a malihini who has lived here for five years, was a prosecutor for little over a year, has tried like two misdemeanor cases, and wimps out under pressure. No thanks.
Just what we need, a malihini who has lived here for five years, was a prosecutor for little over a year, has tried like two misdemeanor cases, and wimps out under pressure. No thanks.
so... we need a racist.
All public servants, but especially prosecutors, should be held to a higher standard. They should be honest, ethical, responsible, hard working and treat everyone equally. They shouldn't lawyer up when asked about questionable practices. They should conduct themselves with dignity at all times, and not be prone to public displays of drunkenness and stupidity.
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