Musings: Peeking Through the Cracks

Sometimes, the facade of law and order cracks and we get a peek at what really lies beneath. Like the lurid look into the Kauai jail provided by two federal lawsuits alleging warden Neal Wagatsuma subjected female inmates to psychological violence, sexual abuse and sexual humiliation in front of male prisoners.

The claims are being made by former prison social worker Carolyn Ritchie and ex-inmate Alexandria Gregg. They allege Wagatsuma developed a rogue “treatment program” that involved male inmates videotaping female inmates while they detailed past episodes of sexual abuse and drug-induced sex, with the videos later shown to other detainees.  

Wagatsuma also allegedly held a jailhouse screening of a violent rape film; allowed male detainees to question women during "public sex shamings " which were sometimes videotaped; and harassed female inmates, requiring them to hold up sexually provocative photos of themselves as he called them "whores."

Women also allegedly were directed to write up accounts of traumatic sexual abuse suffered during childhood, with the reports posted in a book that inmates and staff could read. Those who refused to participate were allegedly transferred to other facilities, denied privileges or incarcerated in the most restrictive cell blocks.

As a result, the complaint states, many of the female inmates suffered "from various mental injuries." 

Ritchie claims she and others suffered retaliation after reporting the abuses, which the  state Department of Public Safety allegedly failed to properly investigate. Gregg filed a class action lawsuit that can be joined by female inmates who were incarcerated at KCCC up to five years ago.  They are represented by attorneys Margery Bronster and Dan Hempey.

Though Wagatsuma has won praise for his innovative approach to incarceration, he certainly has no authority to provide any sort of psychological treatment, especially using a homespun model that further victimizes women already suffering the effects of sexual abuse.

Meanwhile, yesterday's County Council meeting revealed a crack in that panel's facade of civility and collegiality. Though far less disturbing than the peek into the jail, it underscores the ugly rift that has developed in our community over the pesticide-GMO disclosure law, Bill 2491/Ordinance 960.

During a discussion on narrowing the scope of the related Environmental and Public Health Impacts Study (EPHIS), Councilman Tim Bynum angrily denounced Councilwoman JoAnn Yukimura, saying she “took command of this process and told the Council, my way or the highway.” He also laid into her during a heated exchange at last week's meeting.

Councilman Gary Hooser quickly piled on, saying JoAnn's amendments “weakened and diminished the intent of both 2491 and EPHIS. I'm disappointed it's not stronger.”

Well, Gary, that's what happens when you get too big for your britches and introduce a bill that you don't actually have the political power to pass — even when backed by fear-frenzied “fisties” and mainland groups.

Gary wanted to hog all the glory, so he made the conscious choice to team up with Tim, the Council's other political weakling, rather than JoAnn or Nadine Nakamura. As a result, he could only sit there impotently as they rearranged the bill — which he helped rush through and voted for repeatedly, let's not forget. So why is he dumping all the blame on JoAnn?

But some members of the Council were in a blaming mood. Though Tim, JoAnn and Council Chair Jay Furfaro all admitted the county should have conducted the EPHIS before it passed Bill 2491 — you know, so they could actually ascertain the scope of the problem before attempting to solve it — they refused to accept responsibility for putting the cart before the horse.

Instead, Jay and Tim blamed the state. “Why did these huge changes come to Kauai without review?” Tim said. “Huge changes were happening here on Kauai and nobody told us. We're here because nobody did the study.”

That still doesn't explain why the Council couldn't have ordered the study before passing the bill. No doubt the state could've done more, but did the county ever hold its feet to the fire?

As Councilman Mel Rapozo noted, in the discussion over whether the EPHIS should include an environmental justice component, doesn't the EPA typically deal with that? “Has anyone from the westside submitted such a request?” Mel asked to a resounding silence. “This Council constantly tries to do the work of others, and that concerns me.”

In eliminating environmental justice, economic impacts and food sustainability from the study, the Council majority also dealt a blow to the Gary-Tim-Mason Chock bloc, which was defeated in every amendment it put forth.

Gary's amendment tried to eliminate anyone “employed by or receiving any compensation or financial benefit from any entity directly impacted by Ordinance 960” from participating in the process, but a Council majority successfully argued that seed company workers are key stakeholders who cannot be excluded.

“If you're currently suing the county and getting paid, you don't get to be a stakeholder,” said Tim, who is suing the county that pays him while continuing to serve on the Council.

Mel pointed out that Gary's amendment also would prevent any of the 150 westside residents now suing Pioneer from participating, prompting Tim to reply he didn't have a problem with that, because “what's good for the goose is good for the gander.”

After the EPHIS vote, Gary announced that he's “been spending a lot of the time at the Legislature.” Yes, we noticed. He didn't mention leading the “shame on you” chant at the People Not Profit rally, but instead focused on his attempts to derail the “right to farm” bills that could pre-empt 2491, which is being challenged in federal court. He said he hasn't asked the county to pay any of his transportation costs, though we are paying his salary while he lobbies the Lege.

Gary lauded state Sen. Ron Kouchi — previously excoriated by the “red shirts” for his ties to biotech — for helping to kill SB 110. That bill was a crude attempt by the Senate ag committee to push the legislation through using a despicable “gut and replace” technique in which the language from a live bill from the last session is replaced with new verbiage, giving the public little time or opportunity to respond. 

This prompted Tim to denounce the Legislature for its smarmy tactics, while conveniently forgetting his own role in the dubious maneuver of slipping Chock onto the Council to override the mayor's veto of Bill 2491.

Yes, once you start peeking through the cracks there's no shortage of sleazy scenes to be seen.