Judge Watanabe was assigned to the
Grand Jury proceedings last Thursday, Oct. 25. Without the approval
of the court, the jury was ordered back on Friday for one more case.
Watanabe told the Office of Prosecuting Attorney (OPA) that she was
available to process the Grand Jury returns only until noon, as she
had appointments that afternoon. The prosecutor requested more time,
and the Judge made herself available until 1 p.m.
First prosecutor Jake Delaplane asked
the judge to do a Grand Jury return after 1:30 p.m. but her clerks
told him she was not available. The judge returned Jake's phone call
when her meetings were completed and discussed his various options
for proceeding, including filing a motion with her court on Monday
asking to receive the Grand Jury's return. She was informed that
prosecutors had already secured an arrest warrant. Gallas was
arrested Friday night.
Today, acting on behalf of Prosecutor Shaylene Iseri-Carvalho, Jake filed a writ of mandamus — which translates as an
extraordinary remedy — with the Hawaii Supreme Court. They are asking
the high court to direct Watanabe to immediately convene an open
session of her court to receive the return from last week's Grand
Jury session.
In the writ, Shay claims that at 2
p.m. Friday, Jake “received
a call from the media informing him that someone in the courthouse
had informed the media that a murder case had been presented to the
Grand Jury that day.”
(You
may recall that Jake contacted KKCR on Thursday afternoon and said he
and Shay could not be on the scheduled radio program because they
were working on a big case.)
Shay goes on to claim: “Because
the media appeared to have access to confidential information
regarding the Grand Jury proceeding and it was unknown as to the
extent that this information was available members of the public, or
even the defendant in the case that was presented, it became a
critical matter of public safety that the defendant be apprehended
immediately.”
According
to the writ, Jake then went to KPD and informed them of what had
happened, and they got a District Court judge to sign the arrest
warrant shortly after 4 p.m. When Judge Watanabe called Jake
back, he reportedly asked her to receive the Grand Jury's return so they wouldn't have
to go the trouble of doing a preliminary hearing. The judge
indicated he could file a motion on Monday making that request.
Instead,
the OPA took the unprecedented step of going directly to the Hawaii
Supreme Court. They are hoping to force the judge to accept the grand jury proceedings so they don't have to stage a preliminary hearing this week — a hearing that would involve some 20 witnesses.
Does anyone still believe that Shay and KPD aren't politically motivated in rushing this? A guy who has been free for six and a half years is suddenly a public safety threat?
Update: The Hawaii Supreme Court did order Judge Watanabe to receive the Grand Jury return by 4 p.m. today; however, the proceedings couldn't be scheduled until tomorrow. Interestingly, the high court also gave Judge Watanabe two days to respond to the order. What's the point, if the proceedings have to be held before she can reply?
It's a little disturbing to think the high court relied solely on the "record" as provided in the writ, since some of that information was wrong. For example, Jake and Shay falsely claimed in the writ:
The reason cited by the Court’s clerk of Judge Watanabe’s refusal to take the return on Monday October 29, 2012 was the cost of bringing back three individuals: the Grand Jury foreperson, The Grand Jury Secretary, and Grand Jury Counsel.
The Judge and her clerk never said that. Jake was told that he, like any other attorney who wanted the court to take up a matter, could file a motion stating that request on Monday. Instead, they went directly to the high court.
Meanwhile, Galas was scheduled for arraignment this afternoon in District Court.
Update: The Hawaii Supreme Court did order Judge Watanabe to receive the Grand Jury return by 4 p.m. today; however, the proceedings couldn't be scheduled until tomorrow. Interestingly, the high court also gave Judge Watanabe two days to respond to the order. What's the point, if the proceedings have to be held before she can reply?
It's a little disturbing to think the high court relied solely on the "record" as provided in the writ, since some of that information was wrong. For example, Jake and Shay falsely claimed in the writ:
The reason cited by the Court’s clerk of Judge Watanabe’s refusal to take the return on Monday October 29, 2012 was the cost of bringing back three individuals: the Grand Jury foreperson, The Grand Jury Secretary, and Grand Jury Counsel.
The Judge and her clerk never said that. Jake was told that he, like any other attorney who wanted the court to take up a matter, could file a motion stating that request on Monday. Instead, they went directly to the high court.
Meanwhile, Galas was scheduled for arraignment this afternoon in District Court.
Posts
38 comments:
you can't file a motion if there's no case to file a motion in. And if there's no charge, there's no case.
Shay requested money from AG for cold cases and got it...........this is a result.
Hands off the political hysteria and let justice and truth prevail
Hmmm. Courts generally don't second guess a judge like this. Sounds to me like the GJ was not convinced about the merits of the case.
Sandy G's babies have been raised by her murderer. It is unconsionable. What a dysfunctional system.
Its called justice, NOT INTRIGUE
Shay's the only one politicizing this. They've botched every other big case of the past four years and now desperation leads to this. Auwe.
The Grand Jury was definitely not convinced, and that's the point.
The intrigue has been created by Shaylene's timing. It's that simple.
The PA had to cover her buttocks from the Mundon Pohaku debacle. It's frightening to see the P A without her robe. See what these people get away with and you wonder who the real criminals are.
I've updated the post to reflect the high court's ruling and also misinformation contained in the writ.
Who was leaking grand jury proceedings in The Garden Island's comment section?
Joan, you make all of these accusations. Why don't you call up Sandy's parents and tell them what you think instead of politicizing this. By the way, the press release didn't come from the prosecutor, it came from KPD.
OPA starts presenting the case on Thursday, the presentation continues on Friday, which apparently wasn't planned. There is a leak to the media, but by whom? Those proceedings are held behind closed doors and few people beyond the grand jurors know what happens until the defendant is arrested. It couldn't have come from the court staff because they're not in the courtroom when evidence is presented. Then OPA gets an arrest warrant, KPD arrests the defenant and both KPD and OPA issue press releases. Smells bad. Hope they didn't screw up in their haste.
6:48 pm -- Shay also issued a press release to make sure her name was up front and center.
Why did court staff tell Joan who the target of the grand jury was?
They didn't. I got it from Shay's writ.
How did you know a writ was filed. A CI at the court house?
No, the clerk at the Supreme court told me. It's a public record. And btw, I don't have "CIs." That's a loathsome cop practice.
How awful and insensitive for Shaylene to use the Mendonca and Galas families in a last-ditch, desperate attempt to make herself look good one week (conveniently) before elections. She obviously had this up her sleeve and intended to or orchestrate dramatic publicity about "solving" this cold case RIGHT before elections in an attempt to overshadow all the negative publicity that has surrounded her and her corrupt office regarding unprofessionalism, discrimination against multiple employees, and internal corruption of the office. Now she is running to the Supreme Court to pout when she doesn't get her way. Typical of her M.O. . . .playing the Blame Game. We all hope to find justice for Sandy G by finding and convicting her killer; however, it should be done by due process rather than used as a self-motivated political ploy by Shaylene's. We can only hope that the people of Kaua'i vote to get this sociopath out of office so that the integrity of the Prosecutor's Office can be restored.
FRom The Garden Island: Delaplane said the OPA would be filing another petition to have Watanabe recused from the case citing retaliation for the writ.
Retaliation is Shaylene's style, not Watanabe's.
No person is off limits, not even Judges . Don't you people think that the move to jump the gun and go to the State of Hawaii Supreme court was to retaliate against a Judge who kicked the OPA off of another retaliatory case against a count council member. I still believe that Kauai had the most corrupt Judicial system in all of America. In my opinion the Feds needs to wire tap the Kauai Judges chambers and personal phones because there's a lot of back room deals that going on with some dirty attorneys.
WANTED: Deputy Prosecuting Attorney, County of Kauai.
Must be licensed to practice law in Hawaii. Must pretend boss' excessive drinking is normal. In fact, must be willing to drive her home from bars from time to time. Must pretend First Deputy's compulsive secret recording conversations with others is normal. Must not become attached to other deputies, as they come and go pretty quickly. Must pretend not to notice boss and First Deputy lie/tell half-truths on TV to the County Council. Must be willing to work countless hours but not get frustrated by a few favorite deputies doing very little real work, yet making more money than you. Must donate to boss' re-election campaign and/or actively assist on campaign.
Pay: starting in the $70,000 range but will very quickly increase to the $95,000 range if you assist in re-election efforts.
While all this is genuinely laughable - main point is we all get to vote next week. If she doesn't get re-elected, then all this is moot 2 weeks from now..
This is a blatant attempt by the OPA to smear Judge Watanabe.
I'm just disappointed with the idea that confidential information was sent to the paper by a Judges clerk. Makes me wonder what else is going on. Are there no confidentiality ethics in the court system?
You need to get your facts straight. No confidential information was sent to the paper by a judge's clerk.
But if you're worried about confidententiality ethics in court system look at OPA. somebody from OPA leaked news of murder case going to Grand Jury.
What makes any of y'all think a new comer to Kauai can relate to old style local issues? the reason that so many of the so called leaders want Shay out is so they can control the Prosecutions
Just because Jake Delaplane does not know how to file the circuit court motion does not mean that it wasn't possible. How about a Special Proceeding (SP) case? Title of case: In the Matter of Grand Jury hearing held on October 26, 2012.
"doesn't know how to file a circuit court motion" my eye. Jake successfully got a writ of mandamus. The Supreme Court was dutifully unimpressed with Watanabe's shenanigans.
October 30, 2012 3:05 PM - this sounds correct to me.
OPA didn't need to run to the Supreme Court just because they do not know how to file a motion in Circuit Court. Judge Watanabe also called it overkill. Iseri talks about experience being needed at OPA, but its her rookie crew that keeps messing up.
Why couldn't they just file a motion like the judge said? Always wasting everyone's time and money with needless drama. The Supreme Court is not going to like this game playing... don't be surprised to see a sanction against OPA.
Lol... Jake didn't even know what document to file! He started with a writ of certiorari.
The Supremes issued their order based solely on the representations of the OPA. Would you trust Jake? If you talk to him, assume that he's secretly taping you.
I have a good friend in the Police Department who said that he is in a position that sucks because of the Prosecuting Office. He told me that there is some serious political corruption that is going on. This is definitely what I think he is talking about. KPD and Prosecuting Office what a shame that they use this to gain an advantage. Too bad it wont help. What is done should have been done a long time ago. Is it Justice or is it Political. What timing. How can these people be leaders of our community. Lets do something people get these people out of there positions like now! Is this the best we can do?
I understand a writ is not public record until the judge has ruled and the document recorded. The recording date and time was October 29, 2012 at 12:21 pm. Um yeah all of this happened within 34 minutes of your post. Called by a supreme court clerk, how impresive.
You understand wrong. It was available in the ekokua documents where I purchased it for $3.08 at 11:50:06 AM HST.
Seems like OPA needs a refresher in public records.
Why did this arrest have to happen now. They waited this long to figure all this out. 6 years. KPD has some issues. It must be above there skill level to investigate these types of crimes. Why not just contract higher a Homocide investigator who has some true skills and get rid of some of the investigators who take up tax payers money. Who is responsible for training these cops to be skillful in the field. Its no wonder KPD is unsuccessful in investigations. Its no wonder Shay has a hard time getting convictions. Shay I would blame the Police for the lack of intelligence and investigative skills. All they are good at is giving tickets. Kekaha and Waimea is so scared to drive because these cops. Shay should investigate the Police she would probably get better ratings.
Usually when an indictment is obtained, it is sealed until the defendant is arrested and appears in court. Shaylene and her sidekicks somehow manage to turn confidential information into not one, but two press releases. Chief Perry, grow a pair and tell her no for a change.
Omg I have seen this behavior first hand the judge and many lawyers drink till they cant walk or talk this island is so corrupt. When is someone going to do something???
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