Sunday, October 21, 2012

Musings: Had to Laugh

It's always such a marvel, the way the sun is sometimes blindingly bright, while at other times, it can be gazed upon without a blink or squint. Such was the case this morning, as it rose, a wan red ball, from a wind-tossed sea that was warmer than the sand, warmer than the air, and sparkling, giving the foam that shiny gloss, like meringue.

To get there, I drove through a subdivision that now is sporting Neighborhood Watch signs. Except, it's not exactly a neighborhood, because a good 70 percent of the houses are second homes and very high-end vacation rentals, some of which are lacking permits.

I had to laugh a bit at the hubris — the “community” association of an agricultural subdivision with just one farm, that uses low-priced ag water to irrigate its roadsides and often the streets, that has a flawed drainage plan that allows storm runoff to erode the beach and muddy the reef, and oceanfront owners who cut down trees and dump herbicides on the sand, taking the stance that it's watching who comes in and what we do.

It was either laugh, or get seriously pissed off at their cheekiness. Because you know that if one of them calls the cops, the blue and whites are gonna fly. But what about those of us who are watching the other neighborhood, the one inhabited by wild occupants, the birds, the bees, the turtles, seals and fish? When we call to complain about the dirty deeds that some landowners perpetrate, our complaints either fall on deaf ears or are routed into a bureaucratic labyrinth that ultimately doesn't do much, if anything.

I also had to laugh at a comment that was left this morning, and has been left in the past, that I have been promised a job in the Office of Prosecuting Attorney when Justin Kollar gets elected. The assumption that my blogs are motivated by thoughts of personal gain speak volumes, and none of it good, about those who support Shaylene Iseri-Carvalho and the cronyism and corruption that she represents. 

In fact, I have no interest in working for Justin or the OPA, and have never been promised or offered any job. I write what I write because I'm alarmed by the antics and actions of a person who has tremendous power, and the ability to seriously mess with people's lives by charging them with crimes and getting them thrown in jail. 

Today the anonymous — always, they are anonymous — commenter claimed “she wants the job of the OPA blogger.” Actually, there isn't such a position, nor should there be. The person who currently holds that post was hired as an appellant attorney.

Thus far, he has argued two appeals to the Hawaii Supreme Court. He lost the first one, when the high court earlier this week unanimously agreed that evidence that had been improperly obtained by police in a drug case had been properly suppressed by the Fifth Circuit Court.

This week, the OPA blogger argued the second case — State vs James Mundon — which just so happens to be the one case Shay actually took to trial as prosecutor. Mundon, who represented himself, was initially charged with 28 counts. In December 2005, he was found guilty of five counts — kidnapping, terroristic threatening, third degree assault, second degree attempted assault and first degree attempted sexual assault. He was acquitted of the remaining charges.

Mundon appealed, and the Hawaii Supreme Court reversed the terroristic threatening charge, vacated his remaining convictions and ordered a new trial. In the second trial, he was found guilty of attempted sexual assault in the first degree, kidnapping and two counts of assault in the second degree.

Mundon appealed again, and while the Intermediate Court of Appeals disagreed with several of his claims, it did vacate his sentencing, as well as an order of restitution, and directed the Circuit Court to resentence Mundon.

However, Mundon asked the Hawaii Supreme Court to again consider the case, and it agreed, with the OPA blogger participating in oral arguments held this past week.

In other court news, drug charges filed against Shane Johnson following a raid last December of the Oklevueha Native American Church were dismissed without prejudice earlier this week. The OPA felt the indictment had been improperly drafted, because it did not include a reference to the specific mind-altering chemical  substance in peyote, and indicated it needed to be refiled. However, it's unclear whether Shane, who was charged with multiple counts of possessing marijuana, as well as peyote used as a church sacrament, will be re-indicted, or if the case will be dropped.

Shay has taken a strong stance against marijuana, claiming it's a "gateway drug" and recently revealing that she has directed KPD to impound any car where marijuana is seen so a search warrant can be obtained to look for other drugs. She's also argued against the use of medical marijuana for pain. I've often wondered why people who love the booze vehemently oppose marijuana, when alcohol is so much more dangerous to the user and frequently a factor in domestic violence and other aggressive crimes.

22 comments:

Anonymous said...

"she has directed KPD to impound any car where marijuana is seen so a search warrant can be obtained to look for other drugs."

Aloha and welcome to fascism.

Anonymous said...

Fascism indeed! Just like women's issues nationally going backwards so access to contraception and safe legal access to family planning services we thought was settled are now under attack. Now on Kauai with the new unholy alliance of Perry and Iseri ( and Mrs. Perry) we are going to impound cars of pot users? Unbelievable! We all know how dangerous those medical and recreational marihuana users are! I'm sure them and all those disgusting people with full size refrigerators somewhere outside their kitchens (can you believe the nerve of these criminals) are most important.
Surly this is justification for the doubling of the OPA budget under Iseri?

Anonymous said...

Can anyone trust KPD and the OPA with their history? I think setting people up and planting drugs on people have been their practice for years, oh yeah they started opening peoples mail and the corruption and retaliation keeps rolling along.

Anonymous said...

Yep like using A.S., A.C., and the other A to set someone up is not that obvious. We know who these young boys are connected to, Hangmen and their family! All you all have to do is find out who done it!

Anonymous said...

Your enlightened readership knows you write for the sake of transparency and not for any form of personal gain or profit. When I see those types of comments my first instinct is to respond but then I think why waste my time? But you're right, obviously they are so jaded that they think no one can possibly be motivated by a moral ethic.

Anonymous said...

Just let the Prosecuting Attorney drink herself into a racist stupor and manifest her dream of a world free of haloes and pakalolo. C'mon she earned it. She was born here. We should trust in our leaders.

Anonymous said...

http://www.philly.com/philly/news/20121022_FBI_announces_new_corruption_hotline.html

why can't Kauai get an FBI corruption hotline - I'll bet lots of COK employees have evidence of government corruption.

Anonymous said...

I am a long time reader and fan of your blog. Your investigative reporting is wonderful. The public certainly would not have all the information on Shaylene if it was not for you.

As I read your blog last night I was dismayed that you had some of your facts incorrect.

Your statement about those who live here is incorrect. There are 49 lots that have homes on them. You have the percentage almost backwards. It’s close to 70% full-time (35/49) and 30% part-time (14/49) for the lots built out. In the 35 full time are 5 long term rentals. We go according to the county rules that do not allow vacation rentals in this non VDA area.

There is reasonable agricultural water. The developer drilled a well over 20 years ago that we use for ag water. Outside of keeping our common areas green and not dirt, it allows the members to water their trees and land at a rate that is less than county water. If we didn’t have this ag water, some of us couldn’t afford to water our property.

I agree that there is only one full time farmer here that sells an abundant amount of his crop to the farmers market and restaurants. However, a lot of the rest of us are doing our part, growing our own vegetables and harvesting our fruit trees. Most of this group shares with our neighbors and friends or gives it to the food bank. Not everyone can be a full time farmer. It takes a lot of very hard work and some of us that are retired are not able to do that. Not everyone here is wealthy. Some of us are retired on a pension and others are working hard at jobs. If you bought property here in the early 90’s the land was very reasonable and a person could build a comfortable home.

watchdog said...

to anon 3:04 pm: don't let all that enlightenment go to your head. I generally trust Joan's writing more than a politician's, but she is human and could very well have ulterior motives. The fact that the supporters of a politician about whom Joan publishes a lot of dirt come up with some theory does not make said theory improbable or wrong. By leaving the comment with the theory and responding to it, Joan is more transparent and clears up the issue clearly. I think that was the right thing to do.

Joan Conrow said...

Dear 8:38 -- Thanks for being a long-time reader and I appreciate your comments about my reporting. I will accept your correction on the percentages of fulltime vs part-time. However, I am aware of at least three TVRs, as I've seen their signs and advertisements, as well as met people on the beach who are staying in them.

I recognize that farming is hard work, and not everyone can or wants to do it. However, since that land was developed specifically as an agricultural subdivision, it implies that people are supposed to be engaged in farming, beyond just fruit trees and a garden that they share with friends. And I think we both know that a number of people there are not doing even that.

Anonymous said...

Joan:
If you are aware of these illegal vacation rentals I wish you would report them to the county. We did have one that we recently became aware of and have sent them letters to stop the vacation rentals. We do not know about any others.
I wish that everyone was engaged in farming even if it was to grow for the foodbank and neighbors. I believe any food we can give to the foodbank can help to feed those who are in need. Sharing, growing for yourself and others helps with sustainability

Anonymous said...

"If you are aware of these illegal vacation rentals I wish you would report them to the county."

Unless it is Tim Bynum's. He gets a free pass.

Joan Conrow said...

I will report them to the county, and I do appreciate what you do to grow food and support others with your bounty!

To 11:36 -- Tim did not have a vacation rental.

Zelna Smith said...

Great blog, this could be the best blog I ever visited this month. Never stop to write something useful dude!.
Florida Vacation Rentals

Anonymous said...

Charley the Top spinning like a mofo. See what a nice raise can do for your motivation? By the way, did Charley file the opposition to Mundon's request for review by the Hawaii Supreme Court? I couldn't find it online. He has been busy with all of his other "cases" so one could see how it would slip past him.

Anonymous said...

If you really can see the case online then you can also see when Charley the Top became involved in the case and you can also see that you might be attacking someone you like with your comment instead of Charley.

Anonymous said...

When did Charley the Top begin working for the OPA? Was it before the rapist filed for review by the supreme court? If so, wasn't he hired to be the appellate deputy? Wouldn't filing the opposition be his responsibility?

Anonymous said...

The rapist filed for the review on July 25. I guess we can do a records request to find out when he started his job as appellate deputy/deputy blogger.

Anonymous said...

It has noting to do with when Charley started. But obviously you want to make it an election issue. Good luck with that.

Anonymous said...

It has everything to do with when he started especially if he's hired to handle the appeals. Is he going to court? Does he have any other duties? What does he do to deserve the maximum pay?

Anonymous said...

Joan posted a picture of Charley holding sign for Shay on August 1st. The opposition to the rapist's petition for review by the Hawaii Supreme Court was due on or about August 10th. While it's not mandatory to file a response, one would hope that the appellate deputy would vigorously oppose the rapist's attempts to have the case undergo further review. Guess he had more important things to do.

Anonymous said...

Did Charley the Top hit the ground running? Did he wait for assignments to come to him or did he actively seek out all appellate cases? What has he been doing for $101,000? Event planning? Writing press releases? Blogging?