Actually,
Al didn't discredit it at all. He just made it clear that it's one
attorney's opinion. If anything, he was discrediting Shay.
And
if Shay wasn't trying to madly spin the opinion with her first press release, why didn't she
release the document then? Oh, because then we could've seen for ourselves that she was lying. First rule of being in a hole: quit digging.
Thanks for publishing the original press releases.
ReplyDeleteThe special counsel's memorandum doesn't exactly look like something by a lawyer appointed to defend the office of the prosecuting attorney. It is addressed to the county attorney and the county counsel chair as well as the prosecutor, for one thing.
Also, it says itself that "Special Counsel was retained to analyze and assess circumstances surrounding the establishment of the POHAKU program." If he was retained to defend the prosecutor's office, wouldn't it say so?
After reading them both a couple of times, it seems that the county attorney's points are kind of minor and don't really address the special counsel's main points.
Stay tuned folks and dont forget the ethics commission investugations of Shaylene.
ReplyDeleteShaylene cleared? In her dreams!
ReplyDelete"If he was retained to defend the prosecutor's office, wouldn't it say so?"
ReplyDeleteHe wrote what Shay wanted him to write.
I see the county attorney doesn't deny he hired the special counsel.
ReplyDeleteThis will be my last post to Kauai Eclectic. Joan, you have stooped to an all time low. Your obsession to discredit the Shaylene has impeded your ability to write articles of value. This is a shame. I enjoyed following you for many years but I cannot stomach your biased, untrue and damaging stories that generate hatred throughout the community. Even the national tabloids print more factual articles. This is not the Joan Conrow that I used to know. You should be ashamed of yourself as you have brought great shame to your industry.
ReplyDeleteBy the way, I was seriously considering voting for Justin Kollar because I wanted to give him a chance. Your coverage of this race has led me to believe that Justin had to resort to dirty politics, over his experience, to have a chance at winning. It is clear to me that between you, Al Castillo, Tim Bynum and Joann Yukimura, a smear campaign was initiated, and still continues. I cannot support any candidate that is connected to dirty politics just to potentially gain an advantage. I believe that it will backfire, but not before many people are hurt. Please think about what you are doing to the people of Kauai. THIS IS NOT PONO!!
Signing off for good.
Shaylene is not pono. Think about what she is doing to the people of Kauai and the careers of Kipukai Kualii and Mel Rapozo.
ReplyDeleteThank you Joan for continuing to write the truth! I am definitely voting for Justin Kollar!
ReplyDeleteI have a brain, and I VOTE!
"Shaylene is not pono. Think about what she is doing to the people of Kauai and the careers of Kipukai Kualii and Mel Rapozo."
ReplyDeleteLooks like there's less there, there than there appeared yesterday. As information comes out, it seems to be favoring the accused. No doubt Kipukai and Mel know more than, not to mention are smarter than, the majority of commenters on this blog.
The accused? You mean Shaylene, right? Funny that those words are synonymous!
ReplyDelete3:47 can't support a candidate connected to dirty politics? Then that commenter can't support Shay!
ReplyDelete"Special Counsel does believe that a Memorandum of Understanding between the vendor and the Prosecuting Attorney would be advisable so as to be sure that the responsibilities of the vendor and the parameters of the program are laid out as clearly as possible . . . "
ReplyDeleteIn other words, who knows what the responsibilities of the vendor and the parameters of the program are, but it's all good. Yep, Shay got our money's worth for that opinion.
Shay and her campaign is so desperate that she has to put out her defense counsel's opinion about her white collar crime not being a crime.
ReplyDeleteShe seems to be sounding and acting like Sandusky. What a shayme this is a deserate attempt to cover up this scheme and to get it rubber stamped by other agencies.
She'll do anything for Votes, the GOB is so desperate to get her reelected and if she does you all folks better watch out because if you think Bynum's retaliation was bad just wait and see when she and her goons go after you all.
CRAZY
It seems that what we've heard so far are vague accusations of wrong-doing by politicians known for their dislike of the prosecuting attorney.
ReplyDeleteWhen after so much time no one has named a specific law that was violated or exactly what action supposedly violated the law, it's reasonable to start doubting the accusations - especially after a special counsel CHOSEN BY THE COUNTY ATTORNEY says the law was not violated.
First Deputy Prosecutor Jake Delaplane, is the business agent for Strategic Justice Partners, the Nevada for-profit company that has been paid $9,800 to operate the POHAKU Program.
ReplyDeleteUnder Section 20.03 of the Code of Ethics of the Kauai County Charter, the County (including the Prosecutor's Office) cannot contract with a business that is represented or assisted by a someone who worked for the Prosecutor's office in the previous year. The purpose of the law is to make it illegal for someone to set up a contract while employed by the County.
In this case, it appears that Jake, WHILE the first deputy, represented or assisted SJP. That's even worse. You can't serve two masters. You can't play on both sides (and at the same time!) You have a fiduciary obligation (especially as first deputy prosecutor) to the county. You are sworn to uphold the law, including Charter.
But, eh, nevah mind. Vote for Shay. She just appointed this JOJJ (just off the jet joke) first deputy.
Funny - they hired the Superferry's law firm to defend POHAKU.
ReplyDelete"Jake Delaplane, is the business agent for Strategic Justice Partners"
ReplyDeleteTo say Jake Deleplane is the "business agent" for Strategic Justice Partners is to confess complete ignorance of the meaning of "registered agent" under business law.
Under business law, an out of state company must have some person or entity in the state who is designated to accept service of process in case anyone in the state wants to sue the company.
A registered agent accepts service and forwards it on in the US mail to the company. Hardly serving a master.
Unless Strategic Justice Partners has been served with something and Jake Deleplane received the service and forwarded it on to Strategic Justice Partners, then it cannot be claimed that Jake Deleplane even assisted the company in his role as registered agent.
But even if he had - to call that serving two masters? That is a sad clown faced attempt at trying to sell a big nothing as some sensational crime.
The wheels are coming off that wagon.
Look again. She did release the whole document. Joan have you ever once in your little bitchy life apologized for being wrong? I've never seen it. Does that mean you think you are perfect? Never made a mistake before? That's exactly what you think, because only someone that thinks they're picture perfect could ever be as big of a bitch as you.
ReplyDeleteKamakele are you one of Shay's Goons?
DeleteThis comment has been removed by the author.
ReplyDeleteDear KamaKele,
ReplyDeleteI know she released the whole document. I linked to it. What I said was, why didn't she release the document with her FIRST press release?
I'm shocked she didn't release it earlier too. Because it pretty much destroys the crud this blog has been peddling for the last few months. Sheesh. I'm going back to my dope and video games.
ReplyDeleteIf I were the FBI investigator I would subpoena the ID of the comments that are obviously from Shay and Co. to prove they are using county computers for electioneering.
ReplyDeleteDon't you just love the August 3, 2012 3:47 PM annon. post say this is "my" last post.
Why do I piture Shay rolling two steel balls in her hand saying "It was the strawberries."
August 3, 2012, 9:58 PM, are you one of Joann's goons? No? Then what makes you think anyone who is unimpressed with your vague non-specific, if shrill and repetitive denunciations must be someone's goon?
ReplyDeleteWhen u talk, speak, write, annunciate, or forms to communicate like you have a speech impediment then you are a shayme goon ies character.
Delete"Unless Strategic Justice Partners has been served with something and Jake Deleplane received the service and forwarded it on to Strategic Justice Partners, then it cannot be claimed that Jake Deleplane even assisted the company in his role as registered agent."
ReplyDeleteThat's a service that private companies provide to out of state businesses. The first deputy's not supposed to do it whether he's the secret agent, business agent, talent agent or any other kind of agent. The charter doesn't require payment.
Her attorney basically said it's ok to use taxpayer money and government workers to help promote and "administer" a diversionary program run by a private business. Who paid for the POHAKU booth and all the stuff that they handed out at the fair last year? What happened to the $200 that the applicants paid to Strategic Justice? Did her attorney bother to ask?
ReplyDeleteYou mean the attorney Al hand picked?
ReplyDeleteYeah, the one paid for with taxpayer dollars because Shay was scared to answer questions.
ReplyDeleteGo back and read Joan's earlier posts. Al told the counsel not to ask her questions and that she should have special counsel because Al created a conflict when he had Wynn write a memo questioning (erroneously, it turns out) the legality of POHAKU.
ReplyDeleteThere are MULTIPLE investigations of Shaylene being conducted by MULTIPLE agencies right now. The fact that OPA special counsel feels the procurement code wasn't violated by Pohaku program does not clear Shaylene. He does not make the final determination whether she violated the procurement code. The Attorney General initially does; and then if she is charged with a violation, a judge or jury will decide whether she is guilty.
ReplyDeleteHe also doesn't seem to have all the facts. For example, he wrote that it appeared that Delaplane did not benefit from serving as Strategic Justice's agent, but he doesn't actually know whether Delaplane did or didn't benefit. He also seems unaware that funds were spent marketing Pohaku, with all those orange and black goodies given out to people at the County fair and other public venues. And also OPA staff members worked on Pohaku. So was the County subsidizing Strategic Justice's profits? He does not address this.
Keep reading friends. I am sure Joan will report the outcomes of these multiple investigations. Hopefully the Garden Island will too, especially if she loses her attorney license or is charged with a crime.
MULTIPLE.
ReplyDeleteWell, Joann and Tim got it before the ethics board, which will turn out to have been a mistake because the board has some good honest people on it and that decision will likely come down like the special counsel's.
And Al "accidentally" blurted that the AG is investigating. That probably means Al's office sent Wynns rediculous memo that the special counsel just slapped down to the AG. The AG Probably knows Al is just trying to drag it into his political dog fight.
It's becoming pretty obvious that this was a big trumped up nothing. Not sure it was worth throwing away journalistic integrity and reputation for.
I am not a fan of Shay's management style BUT the evidence seems to point out that the POHAKU plan was standard for such programs and was reviewed by the AG's office. Even so, the POHAKU program was acquired by the previous head prosecutor. The purchasing & contracting snafu is in a gray area. The purchasing protocols need to be updated. Shay will be cleared. Stop the witch hunt. (No pun intended.)
ReplyDeleteThere are more agencies than the AG and Ethics Commission investigating Shaylene. Aren't there, Shay?
ReplyDeleteNo one reviewed Pohaku until now and Shay was demanding her own attorney until Al finally caved in. Shay could have told Al thanks, but I'll answer questions without an attorney. What, she only listens to Al when it's convenient?
ReplyDeleteBottomline- there SHOULD be a contract or MOU in place btwn SJP and OPA. And procurement policy in place and adhered to. No hatred needed just basic documents in place.
ReplyDeleteDid Shay ever publicly say that Strategic Justice was going to run the Pohaku program? Or that defendants had to pay Strategic Justice $200 to get in to the program? Or that Jake was their agent? No, she kept pretending that her office was running Pohaku until her attorney finally gave some details about Shay's deal with Strategic Justice. And now her attorney says that she doesn't even have a written agreement. How can he conclude that the deal is legal if it's not in writing? Why does Shay have a verbal agreement with a private company to run her program? What happened to the money?
ReplyDeleteI prefer to wait and see what Mr. Ching, the actual investigator says, instead of celebrating because Shay's lawyer tells us its all pono.
ReplyDeleteIt is a little misleading to put out a letter from your own lawyer to show how you've been cleared...when you have not...
Maybe it is all pono... maybe not , better to wait for the real investigation from ethics ...
That's a funny way to get a lawyer. The person who accuses you of wrong doing gets the hand pick your attorney? I don't think so.
ReplyDeleteAnd if he was Shay's lawyer wouldn't he have said so, instead of saying he "was retained to analyze and assess circumstances surrounding the establishment of the POHAKU program"? And if he was Shay's lawyer, wouldn't he be, you know, representing Shay instead of issuing an opinion and then calling his job done?
No. He obviously was not Shay's lawyer. He was obviously the county's lawyer.
This is just another narrative fail by Al and company.
Joan posted this on April 14:
ReplyDeleteFrom: Shaylene Carvalho
Date: April 12, 2012 7:18:53 PM HST
To: Jay Furfaro , Bernard Carvalho, Gary Heu
Cc: Mel Rapozo, Kipukai Kualii, Dickie Chang, Nadine Nakamura, JoAnn Yukimura, Tim Bynum, Jennifer Winn, Alfred Castillo Jr., Jake Delaplane
Subject: REQUEST FOR SPECIAL COUNCIL
Given these pervasive issues, I will be seeking the assistance of the FBI, the Attorney General’s Office and the US Attorney’s Office to conduct a comprehensive investigation regarding corruption involving the County Attorney’s Office. Until their investigation is complete, the OPA is requesting that the CA’s Office conflict out of any and all matters relating to the OPA so it can be fairly represented, and the public can be assured that no retaliatory actions are instigated.
Now that's a funny way to get a lawyer.
When she does finally get special counsel, you can bet it won't be the guy that wrote the opinion for the county.
ReplyDeleteGreat. Hope the FBI finishes their investigation soon. The County will go broke paying for Shay's lawyers.
ReplyDeletejust post a gigantic apologetic retraction for all the slander you've thrown the prosecutor's way over the pohaku program, like a responsible "award-winning journalist" should. No, you won't do that. You will continue to spin the facts in any manner you can to justify the crap you spew and have spewed.
ReplyDeleteFact: $200 fee was paid directly from defendant to strategic justice.
Fact: fee was used to cover the expenses of administering the program.
Fact: the program was paid for by the defendants that elected to enter it.
Fact: procurement laws do not apply to arrangements in which county money is not used.
Fact: SJP is required by law to appoint someone that resides in the county as an "agent" for service and Jake Delaplane agreed to be that person to allow SJP to operate in Kauai so Shay could have her Pohaku program. You don't get paid to be an agent for service purposes unless you are running a service of process business.
Fact: Al Castillo hates Shay, and hand-picked someone to write analyze and give a legal opinion regarding the Pohaku program.
Fact: Shay is not being represented by the people that defended the Superferry. That is the law firm she requested, but Al Castillo denied her that, and picked this guy instead.
Fact: Al Castillo did not like the answer he got, so like a petulent child did a press release of his own in response to Shay's. Shey then released the entire opinion so the people could judge for themselves who was playing spin-doctor and who was telling the truth.
Fact: Joan Conrow came here and accused the OPA of "tragic deception" with all of these facts staring her in the face. That's called spin.
You can title your "musings" whatever you want, but the facts don't change, no matter how much you wish they would. You and the rest of your little cult followers are like the republican party, wishing ill upon the economy and the country just so the democrats will get voted out. You wish ill upon all the actions of the prosecuting attorney, spinning everything they say and do in a negative light just so you can get ur little boyfriend into the office. What's in it for you Joan? Are you going to be hired as the "press release" girl if he wins? But then, I doubt even Koller's that stupid.
But seriously, my guess is your national politics is as blue as they come, but how does it feel to be engaging in the same tactics as the Tea Party, or George W Bush screaming "but they've got WMD's!"? Cause that's what this whole pohaku witch hunt that al castillo, joann yukimura, tim bynum, and YOU have basicaly done. You think Shay cost the county all that money for special counsel and bla bla bla? Uh, no. It was you little idiots, chasing shadows, pointing the finger in random directions and sicking your dogs to go see what they can dig up. And when they found nothing, you want to say it was SHAY's fault? lol. that's the true "tragic deception" here.
And for Joan's little troll comment moderators, I'm not shay. I'm not Jake. I don't work in the Office of the Prosecuting Attorney.
ReplyDeleteAnd if I were using a county computer right now, who gives a shit? You think that's a big deal? "county resources?" Tell that to the county attorney's office, who just DISGUSTINGLY settled a lawsuit brought by the families of two tourists who fell off a waterfall to their deaths, awarding, guess how much, TWENTY MILLION DOLLARS of kauai county money to two tourists who were stupid enough to fall off a waterfall and die. But somehow that's our fault because it happened here? Um no, anyone with a moderate understanding of the law, which does not include mr. castillo, would have known to take that lawsuit to trial and defend our county from such a frivolous lawsuit. But what does the county attorney's office do? Oh yea, give them 20 million dollars so that office doesn't have to do any actual work, like defend a lawsuit. It's easier for them to settle, you don't have to draft motions, or go to a trial, or, you know, be an attorney.
Joan Conrow, if you are concerned AT ALL about our county's RESOURCES, why aren't you "musing" about that gigantic waste of our RESOURCES? B/c it doesn't suit your political agenda? It's better for you to harp about someone using a county computer to respond to your blog? For 20 million dollars, I could buy 20 million computer and respond to your blog 20 million times. Now which is the priority really? In the face of that kind of injustice to our island, the crap you harp on looks nothing short of petty, and small, and it makes you look petty and small too.
20 million dollars to some ignorant haoli tourist that couldn't respect our island enough to not go look over the edge of a cliff, and we're paying our money to that. Another example of haoli tourists RAPING our island, and you care about county computer usage and jail diversion programs. good god who are you?
ya'd think someone so interested in "facts" would know that waterfall case happened on state property and was handled by the state, not the county.
ReplyDeleteMr. Troll, get your facts straight. The County was not involved in the lawsuit involving the tourists who fell to their deaths. That was the State. Go rant at the Attorney General.
ReplyDeleteFact: $200 fee was paid directly from defendant to strategic justice.
ReplyDelete--Don't forget the deputies giving the defendant the deposit slip and instructing them to go to Bank of Hawaii to pay the money or Shay traveling to the mainland to check out Strategic Justice's programs, or Shay holding 50 (according to her) community meetings to promote Pohaku. Oh, that's only administrative. No biggie.
Fact: fee was used to cover the expenses of administering the program.
--Until there is an accounting, only Strategic Justice and Shay know what the money was used for.
Fact: the program was paid for by the defendants that elected to enter it.
--And the defendants who could afford the $200. Equal justice, yeah?
Fact: procurement laws do not apply to arrangements in which county money is not used.
--That remains to be seen. What about the Pohaku booth and paraphernalia used to market the program? How did Shay travel to the mainland to check out the program? Was that paid for with county money?
Fact: SJP is required by law to appoint someone that resides in the county as an "agent" for service and Jake Delaplane agreed to be that person to allow SJP to operate in Kauai so Shay could have her Pohaku program. You don't get paid to be an agent for service purposes unless you are running a service of process business.
--And Jake shouldn't be providing a service to a private company while he's the first deputy. Even the special counsel said that it created the appearance of impropriety and that if the program is resumed, "no one from the Prosecuting Attorneys Office should occupy such a position".
Fact: Shay is not being represented by the people that defended the Superferry. That is the law firm she requested, but Al Castillo denied her that, and picked this guy instead.
ReplyDelete--Mr. Troll, if Shay requested the firm that represented the Superferry, then that's what she got.
http://www.courts.state.hi.us/courts/oral_arguments/archive/oasc29035.html
"And if I were using a county computer right now, who gives a shit? You think that's a big deal? "county resources?""
ReplyDeleteShay and Jake agree with you.
From http://www.kauaieclectic.blogspot.com/2012/07/musings-in-and-out-basket.html
"But someone felt that redacted information should see the light of day, so it was leaked. And lo and behold, what does it show? Cyndie asking if OPA has a “spare computer” she can use to write her testimony and Jake replying: “We can set you up with a computer to use here anytime tomorrow.”
Sure enough, she came in and used the computer and drafted a letter, which Shay and Jake then further doctored before it was sent over to the Council.
Now we all know that county facilities and equipment are not be used by people who do not work for the county. And Jake and Shay must know it, too, or else they would not have redacted those incriminating statements."
No ethics, no problem!
August 4, 2012 11:28 AM
ReplyDeleteDidn't you say yesterday you were making your last post on Kauai Eclectic? lol If only.....
"For 20 million dollars, I could buy 20 million computer and respond to your blog 20 million times."
ReplyDeleteOr buy a new brain.
obviously, i'm not an attorney and I thought it was the county, but even still, what I do know, what my point was, and what none of you losers want to hear, is that our island AND our state, have much bigger problems with waste of county AND state resources than someone using a county computer for casual use.
ReplyDeleteIt is against policy, haven't you heard of rules, laws and policies. If people don't follow them or abuuse it then there is a problem with compliances.
DeleteLame man terms you MAY not use county/state computers for personal use and you Shall not use county/state computers for personal use. The equipment is solely USE for county, state business ONLY. Its like da gas, , no can take gas from county or state pumps because it is fo the county and state vehicles ONLY.
Plain and simple: Not For Personal Use.
DeleteAinokea if u been doing dis since da 80's, 70's, 60's, or wheneva. No Can Use! No Can Use! No fo personal Use.
You are right. There are bigger problems. Like a prosecutor abusing the powers of her office to go after her political opponent.
ReplyDeleteoh come off it
ReplyDeleteBynum not Kollar.
ReplyDeleteLianne Parongao was hired to run Pohaku. Isn't her $55,000/year salary being paid for by the County? So I guess Pohaku is costing the County (us taxpayers) a nice chunk of money.
ReplyDeleteSubpoena Lianne Parangao about the POHAKU program, her role, duties and responsibilities and also her credentials.
Delete"Another example of haoli tourists RAPING our island..."
ReplyDeleteyes they died at the waterfall. And you perceive them as having raped the island ... nice... and then can't resist adding their race .....
Ignorant racist.
Forget about her. Subpoena Strategic Justice's financial records and follow the money.
ReplyDelete1. Shay's trip to the mainland to check out Strategic Justice.
ReplyDelete2. Pohaku marketing (booth, bags, bracelets, fans)
3. $55,000 salary
4. Deputy prosecutor's time to explain benefits of Strategic Justice's Pohaku program, instruct defendants on payment to Strategic Justice at bank
5. 50 or so community meetings that Shay, Jake and a couple of staffers attended to promote Strategic Justice's program
6. Jake's free mailbox and delivery service for Strategic Justice
No, no taxpayer expenditures. No problem. It's all good. Go on, move along.
I wonder why POHAKU Staffer Lianne Parangao just resigned from the Prosecutor's Office.
ReplyDelete""Another example of haoli tourists RAPING our island..."
ReplyDeleteyes they died at the waterfall. And you perceive them as having raped the island ... nice... and then can't resist adding their race .....
Ignorant racist."
I couldn't agree more with the person pointing out yet another example of ignorant racism which is, BTW, inaccurate in this case. The two women who DIED (and left young children behind) weren't "haoli..." they were Colombian. Just because one had blonde hair doesn't make her less deserving of LIFE. But you know what? if you base someone's right to LIVE based on race or religion (hi, li'l Hitler) then why don't YOU "nofogetfoleave" and get off this rock? I don't care whether you were born here, your hatred is pilau, and doesn't represent Native Hawaiian ideology.
Peace out, piece of shit!
KAUAI'S WORST TRAGIC DECEPTION: Bissell, Singer, Galas, Jackson, Thompson, and Kagawa.
ReplyDeleteThese women were MURDERED and KAUAI does not care. If people on Kauai cared then something would have been done.
Look yourselves in the mirror and ask yourself if these women were your spouse, sister, mother, daughter, friend, coworker, or neighbor would you have the human decency HELP them in anyway possible.
Ask our leaders to lead Kauai us out of corruption for the destruction has been done far more times over then it should have been or have our leaders investigated as people who conspire and in collusion to cover up these MURDERS.
Downplaying a murder as superficial wounds and a overdose is a Tragedy in itself.
KPD gotta investigate. It's not Shay's fault if the case is not solved.
ReplyDeleteThey are all involved in the cover up, just ask the Kagawa family how badly beaten she was and how KPD put a press release that the last person to see her alive and drop her off at her moms house was not a person of interest or being sought after for information. There is chatter that more than one person was involved and are both being protected by people who we are suppose to trust.
Delete