Saturday, August 11, 2012

Musings: Slimmest of Leads

It was one of those rare election nights when I didn't get that sick feeling in my stomach when I checked out the results.

Instead, it was go Tulsi — yes, she whopped the Muff. And Ed Case was rightly trounced by Mazie Hirono, who should be able to beat Linda Lingle, even if the Koch brothers are throwing piles of cash into her campaign. 

Then I quickly scrolled down to the Kauai prosecutor race and whew, Justin Kollar was ahead of incumbent Shaylene Iseri-Carvalho at the first printout, and he stayed that way, though he ended the night with just the slimmest of leads: 
        Justin: 7,081 (45.4%) 
        Shay: 6,969 (44.7%) 

Crucially, there were 1,549 blanks, or nearly 10% of the total. This is the swing vote the candidates must cultivate, while also encouraging better turnout at the general election in November.

Right up through today people were asking me, do you think Justin can make it? Nobody was really sure. Now we know the answer is yes. So while the race is still way too close for Justin to claim, I think his strong showing tonight will work to boost his following. Plus Shay still has to navigate another three months until the general, and I know of at least three pending revelations that could damage her campaign.

Looks like this one is going to be a cliff-hanger. 

The Council race was no surprise at the top of the pack, but down at the bottom, it's gonna be every vote counts, with Dickie, Tim, Gary and KipuKai scrambling for the last two seats. Quite frankly, I thought Gary would have a stronger showing. One friend said Kauai voters don't take kindly to elected officials who don't finish their term, a reference to Gary's resignation from the Senate to run for Lieutenant Governor. But another friend observed that Gary hasn't really campaigned, either. Newcomer Ross Kagawa, on the other hand, has waltzed in with ease. 

Still, there's time to shake things up a little before the general. 

NAKAMURA, Nadine K. 9,388 8.6%
FURFARO, Jay 8,366 7.7%
YUKIMURA, JoAnn A. 8,355 7.6%
RAPOZO, Mel 8,264 7.6%
KAGAWA, Ross K. 7,799 7.1%
KUALI'I, KipuKai L.P. 7,165 6.6%
HOOSER, Gary L. 7,063 6.5%
BYNUM, Tim 7,013 6.4%
CHANG, Dickie (Walaau) 6,634 6.1%

As for our legislative contingent, Rep.Derek Kawakami can take comfort in knowing he got the smallest percentage of blank votes, 21%. Sen. Ron Kouchi got the most — 29.8%. 

47 comments:

Anonymous said...

Good news reading Justin Kollar is ahead in the election.

This makes sense. The community deserves a Prosecutor like Justin Kollar.

What would become of Kauai if Shay is re-elected as Prosecutor? It brings tears to my eyes when I think about the families and innocent people Shay has hurt.

Some families lives have been impacted, changed forever. These families, and innocent people, will never be able to return to the life they knew before their fate was put in the hands and power of Shaylene Iseri-Carvalho.

Too many people hurt; too much harm brought to the community.

And, the story reads 3 pending issues around Shay hanging in the balance. What has she done now?

Justin Kollar has proven he will truly serve the community.

Congratulations Justin. The community is letting its needs be known.

Best of luck in the coming months.

Anonymous said...

Walter Lewis On POHAKU:

The events described are “below the radar” of the typical citizen. It requires detailed examination to recognize the dubious and shrouded behavior of the CA in the issuance of the opinion, in the delay in and the questionable handling of the appointment of the OPA Special Counsel and in the Council executive sessions, which resulted in the Ethics Board investigation request.

The power of the CA in an executive session is huge — as there is no opposing counsel present. Since in the public view the accusation of wrongdoing is almost as damaging as its proof, contentions of the nature made should not occur without convincing evidence. The available record to date contains no such evidence.

The attempt to smear the POHAKU program and those who would employ it and benefit from it seems an unworthy vendetta. Our County government would be more respected and would operate more efficiently and at lower cost if those involved were identified and sanctioned. Perhaps then this type of occurrence could be prevented.

Anonymous said...

POHAKU is but one of many problems in Shay's OPA. Anyone who continues to support Shay because they believe she is the victim of an injustice or conspiracy perpetrated by the CA over POHAKU is in denial about her other prosecutorial shortcomings.

Anonymous said...

Retire Shay in November! See Ya!

Anonymous said...

The special counsel's opinion was based on the erroneous premise that the Pohaku program did not involve the expenditure of public funds. As Joan and others know, Shaylene used county funds to market Pohaku on behalf of the vendor, Strategic Justice. Was this part of the oral contract? Unfortunately, only Shaylene, her minions and Strategic Justice know the truth. Walter, do you find it odd that an attorney as experienced as Shaylene would enter into this arrangement without a written contract?

Anonymous said...

Reduced to attacking the OPA's promotion of ithe diversion program. This attack is getting weaker and weaker. The special counsel and now attorney Walter Lewis are much more credible than the political drivel on this site and comments. Better usher out the "three pending revelations" that Joan and Al and Joann and Tim have planned.

Anonymous said...

Can't wait! Walter is drinking the Koolaid that Glen Mickens gets from Shay. I'll bet Shay didn't tell her attorney all the facts before he wrote that opinion.

Anonymous said...

Was there really nobody in Mufi's group to advise him that associating closely with Kusaka was a horrible idea? They insulted our intelligence.

Anonymous said...

TGI has all the vote totals wrong.

Anonymous said...

". I'll bet Shay didn't tell her attorney all the facts before he wrote that opinion."

You should learn to read better. The special counsel said he revirewed info provided by all sides. I'm sure Joan's side, I mean Joann and Al, told him all about the OPA , gasp! , promoting the program.

Anonymous said...

Tell us more about TGI "has all of the vote totals wrong".

Anonymous said...

Great job Justin Kollar
SIC gonna have to adjust tactics. Will she be meaner still or try play nice for a change?

Anonymous said...

As soon as Shay turns over her Pohaku records to Joan , she can give it to Shay's lawyer and he can revise his opinion.

Anonymous said...

I still say, why didn't Shay just answer the questions posed by the County Council? Perhaps if she would've answered the questions instead of getting all defensive and secretive, just be up front and honest, the County (aka us taxpayers) could've saved the $15,000 to pay for Slovin and the Council could've moved on to other matters.

Anonymous said...

Probably for the same reason she won't turn over the records "of all expenditures for accessories identified explicitly or implicitly with OPA's POHAKU diversion program, including, but not limited to, orange and black T-shirts, orange and black shopping bags, orange and black hand-held fans, pens, baggies of Hawaiian salt and bracelets, as well as OPA POHAKU booth fees for the County Farm Fair in August 2011" to Joan.

Anonymous said...

"I still say, why didn't Shay just answer the questions posed by the County Council?"

That's exactly what Al wants you to think. He engineered this situation. His office accused POHAKU of illegality and announced he has a conflict and cannot represent OPA on any POHAKU matters and told OPA it needs independent counsel before it testifies before the counsel. Now he stands by a smirks while Joan spreads the smear that "Shay should just answer the questions."

Anonymous said...

"Tell us more about TGI "has all of the vote totals wrong"."

Looks like they used an early printout that did not include all the votes.

Anonymous said...

12:02 PM

Poor, innocent, victimized Shay. Set up by a conspiracy involving all the lawyers, bloggers, politicians and judges on Kauai.

Right.

Anonymous said...

I am sad that more people don't recognize that gary is someone with total integrity and we are so lucky to have him in any office.

Anonymous said...

"Shay should just answer the questions" is a smear? She's spending taxpayer money to campaign ("Pohaku" booth at the Farm Fair, orange and black T-shirts, orange and black shopping bags, orange and black hand-held fans). Shay should just answer the questions without a lawyer paid for by the taxpayers.

Anonymous said...

Shay figures if she just waves her arms and acts outraged enough she will confuse people and unfortunately she's probably right

Anonymous said...

What was voter turn out today?

Anonymous said...

only 33% of Kauai's registered voters turned out.

Anonymous said...

41.7 percent in state overall

Anonymous said...

Kauai turnout 39.2%
Statewide turnout 42.3%
Wilcox school turnout 48.6%
Hanalei school turnout 28.6%
Kilauea turnout 36%
Chiefess mid school turnout 44%

Anonymous said...

Hooser will move up to the first five come November.

Anonymous said...

The Sleeping Giant is awake.

God Blesses Kauai.

Shay's orange and black is in the Red.



Anonymous said...

MUST READ-TOXIC PACIFIC RAINBOW: on Island Breath

It's a little history lesson about agent orange and how hawaii was a testing and proving grounds of these deadly chemicals.

The voices on the westside of Kauai grows weak as CANCER spreads like a Colorado wildfire, we must not let these GMO companies RAPE and KILL the Land, People, Sea, and Air. The westside was already victims of a Rape and Murders cover up so you must wake now for the paycheck is not worth dividing the heart and the minds of the community.

Anonymous said...

Hooser got a wake up call

Anonymous said...

The POHAKU program as simplified was launched in April 2011. The first indication of an effort afoot to disparage the program and/or the OPA arose in April 2012 with the receipt by the prosecutor of an unsolicited opinion from a deputy county attorney who after admitting limited knowledge about the program offered a litany of legal concerns about it without any specific conclusion on any of them.

A major concern expressed in the deputy’s opinion letter was one as to the structure of the program and the relationship between OPA and the provider. Procurement of goods or services by the county are subject to complex rules, which are discussed at some length in the opinion.

However, the program, as amended, involves no agreement between the OPA and the provider. Rather it is the accused who deals with the provider. As the county has no contractual relationship with the provider and no public funds are expended one wonders why procurement practice issues are in the picture.

The opinion then wanders on to inconclusive speculation about possible violation of the ethics code and the scope of OPA powers. The real pretext for the opinion remains shrouded.

The Kaua‘i charter establishes the CA as the legal representative of all county agencies, but it is recognized when there is a conflict the CA should withdraw. Recognizing the nature of the CA office opinion letter, the CA acknowledged a conflict that would preclude its representation of the OPA. Under the circumstances, and on April 26, the OPA requested the appointment of Special Counsel. When the request was approved by the Council, despite the announced conflict, the CA insisted on handling the process causing a number of problems, and to date — after three months — the appointment has not been fully resolved despite multiple requests by the OPA.

Meanwhile after executive sessions requested by the CA, the County Council adopted a communication from one of its members, which requested the Ethics Board to determine whether the POHAKU program would result in a violation of the County Ethics Code. For the Board to have proper jurisdiction under the Charter to consider the request it must be considered a complaint.

Whether the terms of the request constitute a complaint is a legitimate issue, but apparently the Board has so accepted it.

Despite the CA caused delay in obtaining the assistance of promised Special Counsel, the OPA has submitted preliminary materials relating to the POHAKU program to the Board. However, until the appointment of Special Counsel for the OPA is completed, it would seem appropriate that further action should be deferred

Anonymous said...

Blah bla blah. Shay didn't need to remain silent just cause she was in between lawyers. That is what criminals do.

Anonymous said...

"Shay didn't need to remain silent just cause she was in between lawyers. That is what criminals do.'

Spoken by either a person who doesn't understand the law, or by a liar.

Anonymous said...

Her lawyer has spoken. She can answer questions now.

Anonymous said...

Criminals and innocent people invoke the Fifth. It's just strange when the prosecutor does it.

Anonymous said...

"However, until the appointment of Special Counsel for the OPA is completed, it would seem appropriate that further action should be deferred."

One of several erroneous statements in Walter Lewis' opinion. Special Counsel was appointed. Given that, there's no need for further delay.

Anonymous said...

If special counsel has been appointed, then why is there no special counsel? Al just hired the last guy to write a report, not represent the OPA.

Anonymous said...

Gee, I wonder why Gary Slovin refers to himself as "Special Counsel" in his memo to Shay?

Anonymous said...

Gee I wonder why Gary Slovin is no longer special counsel. Oh yeah, it's because al told him he was just to prepare a report and then get lost.

Anonymous said...

One more clarification because I thought I clarified it last time, but Mr. Bynum continues to state that the prosecutor refuses to answer questions. But the fact of the matter, and Mr. Castillo can attest to this, in fact it was the county attorney’s office that advised this council not to discuss and ask any questions to the POHAKU program.

So that’s the reason for us not asking and that’s the reason for not getting any responses. I just want to make sure that clarification is made as well because it was again on the advice of the county attorney that the POHAKU program not be discussed until, in fact, special counsel be provided.

Mel Rapozo, May 23, 2012, Kauai County Council meeting

Anonymous said...

Shay could have waived her right to counsel and answered questions. She didn't have to listen to Al's advice. Right, Judge Mel?

Joan Conrow said...

7:18 pm -- If you're going to lift other people's work, you should provide attribution. That piece was written by Walter Lewis and published in TGI.

Anonymous said...

"Shay could have waived her right to counsel and answered questions. She didn't have to listen to Al's advice. Right, Judge Mel?"

Incorrect. Al told the council no questions about pohaku. Blame Al if you have a problem with it.

Anonymous said...

No, not true. Al said that he had a conflict. Mel stopped Joann from asking questions. Watch the April 20 meeting. Mel kept cutting Joann and Tim off. You can hear Shay flipping out in the background.

http://kauai.granicus.com/MediaPlayer.php?view_id=2&clip_id=611

Anonymous said...

One more clarification because I thought I clarified it last time, but Mr. Bynum continues to state that the prosecutor refuses to answer questions. But the fact of the matter, and Mr. Castillo can attest to this, in fact it was the county attorney’s office that advised this council not to discuss and ask any questions to the POHAKU program.

So that’s the reason for us not asking and that’s the reason for not getting any responses. I just want to make sure that clarification is made as well because it was again on the advice of the county attorney that the POHAKU program not be discussed until, in fact, special counsel be provided.

Mel Rapozo, May 23, 2012, Kauai County Council meeting

Al knows (and so does Joann, for that matter) that it would be totally improper to let the OPA answer questions about a program the county attorney claims has legal problems without outside counsel. Al can't let Shay answer questions without an attorney.

Anonymous said...

Read Joan's April 20 post:
http://www.kauaieclectic.blogspot.com/2012/04/musings-strange-but-true.html
It covers Shay's presentation about Pohaku and Mel's stopping Joann and Tim from asking Shay questions.

Anonymous said...

"Al can't let Shay answer questions without an attorney."

Shay can tell Al to take a hike, as she has in the past, and answer questions.

Anonymous said...

The harasser Should resign.