Thursday, September 17, 2015

Musings: Jumping the Gun

The Kauai County Council yesterday killed a thinly veiled attempt to give defeated Prosecutor Shaylene Iseri a job at the police department.

Councilmen Mel Rapozo, Ross Kagawa and KipuKai Kualii, all longtime Shay supporters, supported Mel's bill to allocate $124,165 to create a legal analyst at KPD. Shay wasn't in the Council Chambers yesterday, but she testified in support of the position at last week's meeting of the Council's Budget and Finance Committee, which failed to endorse the proposal.

Though everyone seemed to agree that KPD needs some legal support, they differed on how to provide it. County Attorney Mauna Kea Trask suggested a deputy position be created within his department that could serve both KPD and the county's overall legal needs. Though an analyst could do some of the work that KPD needs, such as assisting with accreditation, he/she couldn't offer legal advice, render a legal opinion or sign off on policies.

“I did not want to be put in the position of creating division between the KPD and the County Administration,” Mauna Kea said. “There's been enough of that already. I like to think I can always find a silver lining, and I like to try. Given what they [KPD] want, and the job that needs to be done, a deputy county attorney gets the job done.”

“It basically comes down to control. Who does that position report to?” said Deputy Chief Michael Contrades.

Mauna Kea said the deputy county attorneys have legal and ethical obligations to the county, regardless of whether they're assigned to KPD or his office.

Ross noted that under Mel's bill, Police Chief Darryl Perry would be able to choose who he wants, whereas he would only be able to weigh in on the selection of a deputy county attorney.

“That's why this was done, so the Chief can hire who he wants,” Mel said.

Who the chief wants? Or who Mel and the boys want? We all know that Mayor Bernard Carvalho Jr. would never hire Shay for the county attorney's office. 

And indeed, after her blatant abuse of power in the Office of Prosecuting Attorney, which prompted voters to toss her out on her ear, she should never hold another position in county or state government.

Councilman Aryl Kaneshiro departed from his usual place with the “gang of four” to vote against the measure, saying a deputy attorney position offered "the biggest bang for the buck.”

KipuKai termed the deputy position "overkill," while Mel said it was an effort to prevent the chief from having any power.

Then Mel and Councilwoman JoAnn Yukimura got in a tiff because she wanted to make another comment, and he wanted to have the last word.


I got no problem with giving Chief Perry some power. But giving him Shay ain't the way to do it. 

In other news, foes of the Mahaulepu dairy have decided that the best defense is an unrelenting offense. By jumping the gun, and presenting a petition opposing the dairy to Gov. Ige before the EIS has been completed, they've shown they have absolutely no intention of even considering the EIS that they demanded.

So what does it prove, that Friends of Mahaulepu were able to gather 3,300 signatures from their fellow naysayers? I mean, other than it's easy to get people to oppose something before they have all the facts, which they can't possibly, given the absence of the EIS.

It also proves that the Sierra Club and Surfrider Foundation of Kauai, both of which supported the petition drive, can't be bothered with gathering the facts, or waiting for studies, before taking an opposing stand.

Is it any surprise that all three groups lack credibility?


Anonymous said...

Joan is Ross a Shay supporter or just a Yukimura, Bynum, and Hooser hater? Big difference. I don't think he supports Shay, but I guess being aligned with Mel gets him that assumption. And I don't think Shay would get that job, where did that come from? Did somebody announce that or are you like Hooser making accusations without fact? You realize that Joann seems to be losin' it, she seems like she has some type of brain disfunction going on. Hooser thinks he's God. Mason is hot, as about it, no balls.

Anonymous said...

Why would the police department need their own attorney? They are charged with enforcing the law. If they screw up, and KPD attorney isn't going to help any more than the County Attorney. And they KPD certainly won't be asking for advice before they take that stupid action. Just a waste of money for an necessary position only contemplated because the idiots that control our County government, including department heads, do such stupid things, like Hooser's illegal anti-GMO bill, and ignore the legal input they get preferring to push ahead and pass ill-conceived illegal laws that cost us hundreds of thousands of dollars to defend their incompetency. This is all about petty childish infighting within the County at the expense of the taxpayer. None of our ill-named representatives actually represent us. They've all got their own personal self-glorifying agendas and push them at huge cost to us taxpayers.

Anonymous said...

Another case of fear without facts fantasy trying to trump reality.

Anonymous said...

It's nice that Mel is looking out for Shaylene ;)

Anonymous said...

The outside agency that audited the county of Kauai proves that the county is out of control and this bill by Melvin to create a position for his side dish is another example of how fraudulent, wasteful and abusive this county council is.

Anonymous said...

That means he's a puppet slave to do the dirty work for his master.

Kauai needs LEADERS and not the same Ol good Ol boys and girls that we're accustomed to.

Anonymous said...

Because the same brute cops keep on abusing their authority and have to go to Kauai police commission for their misconduct complaints.

Yes there's an open civil lawsuit right now on 2 of the same boys that just don't get it. Over and over again and again they keep on having to explain their unbecoming of a police officer.

Guess who will have to pay the tab on this one once again.

Anonymous said...

Because we all know how successful the monopoly game imitation of paying $200 to get out of jail free.

Shaylene created the protect a criminal friend or relative program called POHAKU.

Anonymous said...

Creating an attorney position just for the police department would just open the door to more division in the county. I'm glad Arryl is not doing what people assume he would.

Anonymous said...

This is why KPD needs attorneys.

Police recover KCC safe
Cash taken, items recovered, investigation ongoing

By Michael Levine - The Garden Island | Posted Jan 22, 2009

LIHU‘E — Police have recovered the safe taken from the Kaua‘i Community College bookstore last Tuesday and have a lead in the ongoing investigation, according to Kaua‘i Police Department Det. Randy Chong Tim, the detective handling the case.

Chong Tim said yesterday in a phone interview that the safe had been found in an “unusual location” — on another police officer’s property — with cash missing but a collection of items left inside.

He said the thieves left coins and other items, which he declined to describe, and were “only interested in the cash.”

“Most burglaries happening recently are going after money, not looking for objects they can trade or sell,” Chong Tim said. “It’s just a sign of the times. … They want money so they can get their drugs, and a lot of the dealers aren’t taking property right now, only cash.”

The safe had nearly $10,000 in it when it was taken after the second day of classes, bookstore manager Jolynne Uyesono said last week.

Chong Tim said the 300- to 400-pound safe had been opened, likely by prybars and other instruments, in a secluded area where at least two thieves “had some peace and quiet to work on it.”

The detective said the burglars “know what they’re doing,” as officers tried to take fingerprints at the scene but were unsuccessful. Chong Tim said smudges in the bookstore were an indication that the thieves were wearing gloves.

Anonymous said...

Give KPD its own lawyer and let the lawsuits of COK v. KPD and vice-versa begin.

Anonymous said...

Shay doesn't show up to Council meetings because she's a concerned citizen. She's only there if there's an item related to Tim Bynum or an opportunity to get back on the County gravy train. While Joan may be jumping to conclusions, I wholehearted agree with her assumptions that Shay is eyeing the Legal Analyst position or even one of the vacant Auditor positions. If she return to county employment, the county had better make sure to increase their insurance coverage. The taxpayers are still paying for all the personnel atrocities she left in her wake when she was the prosecutor.

Anonymous said...

How is she still able to practice law in the state of Hawaii after all the damage she has manifested.

Why can't the State of Hawaii AG and the Judicial Commission can't figure out that Shaylene is not good for the profession and the general public?

Just like Judge Valenciano's 'reprehensible' conduct merits impeachment.

Anonymous said...

Why ruin Poipu with a dairy when you can ruin it with exclusive subdivisions for wealthy Californicators or resorts for other Richie Riches?

Anonymous said...

So now Mel is going to squeeze the Mayor and continue to throw temper tantrums until he bullies his way to success and gets his girl a job.

Anonymous said...

Anyone even considering hiring Shaylene needs their head examined.

Anonymous said...

Kauai Chief: ‘Officers We Know Should Not Be Here Are Coming Back’
A neighbor island police chief discusses his struggles to deal with officer misconduct.
APRIL 17, 2013 · By Nick Grube

Editor’s Note: Civil Beat‘s recent investigative series, In The Name Of The Law caught the attention of Kauai Police Chief Darryl Perry. He invited a reporter to visit him on the island and discuss the realities of running a small police department where a strong union and a tight-knit community.

Misconduct Numbers Misleading
Terminations for misconduct are rare at KPD. So are the suspensions.

Civil Beat obtained 15 years of annual misconduct reports KPD is required to submit to the Legislature. From 1998 to 2012, there were about 40 incidents of misconduct. Only three KPD employees were terminated, the rest received suspensions ranging from one day off without pay to 20.

Wrongdoing ranged from failing to investigate complaints and turn in reports on time to sexual harassment, use of force and criminal behavior. The summaries of the incidents, however, are only a single sentence long, leaving the reader guessing as to what actually transpired.

Shame On Us’
Not all bad cops are terminated. This is the case throughout the islands due in large part to the police union contract that includes a multi-tiered grievance process for disciplined officers.

The State of Hawaii Organization of Police Officers (SHOPO) represents more than 2,800 employees, and is considered one of the more influential public sector unions in the state.

At HPD, for example, 22 officers were discharge notices between 2000 and 2012. Civil Beat found that eight of those officers got their jobs back and two were allowed to resign. This included individuals who had pleaded guilty to crimes, committing acts of domestic violence and lied to investigators.

KPD has had similar run ins with the SHOPO contract and the independent arbitrators who sometimes give officers their jobs back.

Anonymous said...

Shaylene may have been a little over zealous in trying to capture Bynum's rice ccooker, but she is a good attorney and a strong advocate.
Shaylenes' action with Bynum was wrong. a small thing. These type of things happen every day. But Timmy saw an advantage to make dough and he did. Big dough. If Tim didn't push this...all would be well.
The County picks and chooses what laws to enforce. IE BnBs, who gets building permits or water meters, who keeps their hardened seawalls, who can cut off beach access....the County is pregnant with favoritism, preferential enforcement and colossal over spending.
Shaylene is a sideshow. The main attraction is Bynum, Hooser, JoAnn, and JAy who perpetuated and endorsed, promoted and happily paid Tim Bynum 300K and let the County spend another 800K in court costs to give it to him. Shame to the max. Shame.
And y'all don't get a little perturbed that Da Hoos is off island much of the time acting like he is sent by the County when in fact he acting as an individual...where are the priorities?
Certain of our Council people get away with real BS today and we pillory Shay for a small infraction. The County is doing BS preferences in Tax Assessments. Police investigations ad nauseum...wake up.

Anonymous said...

Shay would be great as the county auditor, county attorney or an HD director. She is more than qualified than the incumbent. Heck she can be mayor too.

Anonymous said...

SHOPO is a HUGE part of the problem. It's preventing KPD and the other police departments from becoming transparent and accountable. Shay was and continues to be part of the problem. Why is she even a consideration for any public office regardless of elected, appointed or hired? Mel, don't you have a bit of a conflict of interest in this? Arryl, good for you. Stand on what's right. I do think KPD needs its own analyst / advisor / attorney but something just isn't right about the circumstances surrounding the current consideration. Mel, thank you for standing up to the mayor. He can't micromanage a needed resource at KPD. Further, thank you for pointing out that we went through this 7 years ago. The mayor still hasn't addressed it properly nor has he addressed other important issues including drug treatment solutions, a viable landfill, county road deterioration, county park deterioration, overtime abuse, etc. He has been a great ambassador for the island but I'm not sure he's leaving behind a legacy that includes truly moving Kauai forward. He moved the budget forward. He moved individuals' careers forward. But, what ARE his main accomplishments??

Anonymous said...

It's funny that you only bring up Bynum's retaliation case but leave out many others:

(1) Her vendetta against an old boyfriend.

(2) The turmoil the office of the OPA was constantly in.

(3) Going after the wrong person for personal reasons in the county has theft ring case.

(4) The EEOC lawsuits that the county had to pay for her inability to manage and lead professionally.

(5) Her personal Vandetta against the Mayor, Lenny and his wife Janine.

(6) The creation of a criminal protection program that family and friends paid $200 to get out of jail and committ more crimes.

(7) The screw up of the Aurero Moore case that got him killed.

(8) The Lauren Kagawa murder cover up.

(9) Having a 1st deputy drive her around in a county vehicle to every bar in town to have a few.

(10) Her willingness to go after people to settle own and new scores.

Kauai was very dangerous when she was the PA and the danger came from her and her associates.

Anonymous said...

The scary thing about Shay is that she is both smart and evil. I just wish she were smart enough to understand that she truly needs psychological help. She needs anger management therapy too. The Monica Alves issue seems long dead, or at least until Mel tries to run for Mayor. Aside from that blemish on his career, what else could she possible have on Mel to force him to continually make such bad decisions when it comes to Shay? What's the big dark secret that perpetuates her power over Mel? It must be really juicy.

Great job 9:13 for reminding me of all the other evils committed by Shay. Additionally, there was the attempted political coup and the withholding of exculpatory evidence by Pasion, Perry, and Iseri in "gas gate", along with the constant yammering by their talking head puppets Mickens, Taylor, and Rosa that make this group dangerous. The FBI and OPA ought to investigate the whole lot. The fact that Mickens and Taylor freely admit to have seen an investigative report that was sealed by the courts indicate either Pasion, Perry, or Iseri leaked confidential material. Nevermind the AG ultimately exonerated the Mayor, the axes of evil doesn't want to have any of it.

Anonymous said...

For those of you who are posting comments about Mel or any other person or political figure, please remember that these individuals have spouses, family and children. It's hard enough that they are constantly in the public eye and scrutinized daily. They choose to serve and do the best that they can. If you believe that they are not doing a good job, simply run for office or be quiet. They're shoes are not easy ones to fill.

Anonymous said...


Anonymous said...

I was very knowledgeable about police activities during the Monica Alves incident. Mel was not directly involved, nor did anyone testify he was. Mel was being investigated because although at his desk, he was the superior on duty. When Mel resigned, he had a very good chance of being exonerated or facing disciplinary action short of dismissal.

Anonymous said...

Can't wait for Shays to work for the county. She's a mover and a shaker to a sleeping County operations. We need excitements!

Anonymous said...

What is Nicolas Corson doing as the county attorney for police department?

Anonymous said...

It would be good for KPD's attorney to have experience with civil lawsuits, just not as a defendant.

Anonymous said...

I don't know Shay but I applaud her going after the whiny-faced fat man Bynum who thought he was above the law and trashed the public's trust he swore to uphold. What a two-faced crook that man is. I'm disappointed that his actions hurt his wife and children. Frankly, I'm surprised anyone would marry such a turd. I guess you get what you buy. His poor children tho are innocents until he able to brain-wash them into his corrupt thinking.

Anonymous said...

9:13 Absolute garbage.
1- nonsense
2- and the OPA is fine today? There are more people leaving fewer felony cases etc.
3- BS
4- EEOC lawsuits are part of many employees pension plan. Big bucks allowed because of a terrible CA office.
7 and 8- How f^cking dare you involve these poor souls. You must have a vacant spirit.
9- So what?
10- She prosecuted when a law was broken, friend or foe.

Today there is a low level of felony prosecutions. many of the ones that have been adjudicated were started during Shaylene's tenure.
Justin is a nice soft guy. Shay is kind, but can be tough....there is no toughness at the OPA today. It is all feathers and donuts.
You have written some dangerous words that are complete crap.

Anonymous said...

3:02 and guess what? word is Tim Bynum is going after the Med Ganja clinics. Of course with a straw man.
That is why we must have complete public disclosure of all K-1s distributed by any dope seller.

Anonymous said...

You do know that Shaylene told Sheila to lie under oath and being the prosecutor at that time and telling someone to lie under oath violates all her hypocritical oath she swore to uphold as an attorney.

If you didn't know then let me refresh your memory:

Tim Sues Shay and Sheila: Claims Constitutional Rights Violated

Wednesday September 19, 2012

Kauai Councilman Tim Bynum today filed a federal civil rights lawsuit against Prosecutor Shaylene Iseri-Carvalho, planning inspector Sheila Miyake and the county, claiming his constitutional rights were violated by their abuse of power and malicious prosecution.

"False and malicious criminal prosecution of political enemies is something you expect to see in the Third World, not in Hawaii,” said his attorney, former state Attorney General Margery Bronster, in a press release.

The suit alleges that Iseri-Carvalho targeted Bynum for prosecution of zoning violations, both as political payback and to keep him from questioning financial practices in the Office of Prosecuting Attorney.

Both Miyake and Iseri-Carvalho committed acts “that amounted to an indifference to or purposeful deprivation” of Bynum's constitutional rights, the complaint alleges. As a result, he suffered severe emotional and physical distress.

It also claims that Bynum suffered significant financial hardship when a county planning employee falsely told buyers that the alleged zoning violations would transfer to the new owners, prompting them to cancel escrow. No dollar amount is specified as damages.

The complaint, which you can read in full here, also implicates former Council Chair Kaipo Asing as orchestrating events, though he is not presently named as a defendant.

The lawsuit is partly based on a secret tape recording that first deputy Jake Delaplane made of a two-tour conversation he had with Miyake.

“Incredibly, they made tape recordings discussing their plans and they joked on those tapes about committing perjury if ever caught,” Bronster said in the press release. “Councilmember Bynum’s rights were severely injured and we plan to bring everyone involved to justice.”

According to the complaint, Miyake was recorded saying, “It's all political, but I will never say on stand that it is political. It will be my demise.”

Miyake also reportedly was taped saying she and former Planning Director Ian Costa pursued the zoning violation, against advice from deputy county attorneys, “because Kaipo wanted it. Kaipo was asking. And I gotta answer to the Council Chair.”

Iseri-Carvalho then waited a year — “until the next election cycle,” the complaint states — to file four criminal charges against Bynum.

Anonymous said...

(7) Her witness was murdered on her watch.

Now people might or might not know the details that's not being said but there's people who know what I'm talking about.

Dangerous words that are crap? There is factual evidence to prove all of this and Melvin you ain't shit you no neck syndicate bitch ass slave.

Post the conflict of interest and the details about Aurero Moore's murder.

You fleas think you got away with setting it up.

Fuck the Kauai Mafia yah heard me

Anonymous said...

So what!

You people are so stupid to not notice that these people will be on a database for the DEA and DOJ to track.

It's not yet federally approved so these people are taking the risk.

Anonymous said...

Dangerous words: you trying to threaten me?

Fuck you and the syndicates

I conquered you inbreds

I am your KING

I am Legend

Anonymous said...

Well. That deteriorated quickly. I sense a bit of psychosis.

Anonymous said...

September 19, 2015 at 6:49 PM
Tim's house was filthy. Dirty, dirty, dirty.
It was on the market forever, long before the manufactured loss of sale due to so-called County interference.
As far as Tim's mental state? Sheesh. Ever since he was elected he slowly evolved into a whiny, crybaby snap head. The sale of his house had nothing to do with his lack of integrity, tantrums and all around lack of manhood.
He intelligently and with slick calculation manufactured the County lawsuit. The goal was to get money. He was privy to ALL County payouts and knew that the County limpdick attorneys would NEVER challenge a lawsuit. The County blames the Insurance company for the settlement...this is nonsense. The County should have and could have taken Bynum's claim to court.
The County is doing a good job of hiding this bad era of Council conduct.
Jay Furfaro is forever tied to allowing Tim to get the jackpot..he had control. He knew that JoAnn and Gary would follow as they are of the same anti-GMO hi-bred as Timmy. These Anti Hi-Breds stick together, closer than any surfactant mixed with Paraquat. And the JoANN, MASON and Gary trio is as poisonous to the County as Paraquat is to an unsuspecting hila-hila.
Thank the Great Jehovah that we have Mel, Kipu, Arryl and Kagawa to serve us. They care about ALL of the people and not just newcomer wealthy Rambutan growers.

Anonymous said...

Can someone please advise Arryl to stop using biggest bang for the buck. Not sure what this guy stands for. We will not vote for him ever again.

Anonymous said...

Joan your blog comments reflect very badly on the underlying information you provide. Anonymous character assassination and downright unstable rants serve no positive or useful purpose.

Anonymous said...

Ya 1:42, We hate Anonymous comments!!! Like yours! Oops!

Anonymous said...

PS - 1:42 PM You can't assassinate something that's already Bynum's "character".

Anonymous said...

Joan your blog comments reflect very well on the underlying information you provide. Anonymous commenters serve a useful, fun and important perspective.

Anonymous said...

Daddy Kaneshiro is the one that pushed for gentleman McMansions on AG land and Arryl works for GMO companies.

So that's where "biggest bang for the buck" comes from.

Anonymous said...

Funny how assassination comes out in someone's character but will never come out on the Aurero Moore and Lauren Kagawa deaths.

Move along because there's nothing to see here.

Anonymous said...

I rather see that police will have its own attorney/legal analyst and this position reports to the chief. I know for a fact that the mayor dislikes the chief, more so if Shay is being considered. They are political enemies. Me thinks Shays is what the county needs, smart and no-nonsense. What you see is what you get unlike this mayor and his cohorts, all back stabbers.

Anonymous said...

To Sept 20, 5:50 PM:

If you think this county "needs" Shay, please find a shovel, dig a hole and bury your head back in the sand. Apparently, your head was there for the entire time Shay was in office and you are clearly ignorant of how ignorant you are.



Anonymous said...

I would vote for her again, IF she got her one year AA sobriety chip.

Anonymous said...

5:08 and how is the County better off now. Some number of assistants leaving. No trials, no prosecutions. No nothing. With Shay the level of prosecution was higher, the douchebag criminals knew it, the cops knew it. Justin is a scared little boy compared to Shay. Justin should maybe become Caitlyn, same machismo and no more enjuiciar.

Joan Conrow said...

How is the county better off now? Well, there haven't been any EEOC claims filed against Justin by the departing deputies and staff, as there were against Shay, nor has he been named a defendant in a civil rights lawsuit filed by a Councilman. We haven't seen any wild outbursts or shouting matches when he's come before the Council either. Saving money and showing decorum seem pretty significant improvements to me.

Anonymous said...

Rumor is Daddy Kaneshiro also out for marry wanna permit.

Anonymous said...

And Justin's first deputy is an experienced Kauai prosecutor, not some 2nd year junior law boy plucked from the back woods and left to wreak havoc on an unprepared justice system.

Anonymous said...

Justin will not get re-elected. He's a softie. We need a tough PA like Shay.

Anonymous said...

Yes, and we need another auditor like Pasion, and we need a county manager, and let's pave the power line trail too!

Anonymous said...

I'd vote for Shay but she gotta bring Jake back. We need the dynamic duo fighting crime with hidden microphones and ass kicking courtroom antics.

Anonymous said...

Shay for County attorney/legal analyst in the Police Department. She's smarter than Trask, the pretty boy and more experienced and competent than her arch enemy in HR and most of the council.

Anonymous said...

Shay should run for the council. She is a sure winner

Anonymous said...

She does have lots of experience as a defendant.

Anonymous said...

Shay for mayor, 2018.