Tuesday, April 24, 2012

Musings: Creeping Cynicism


Richard Minatoya has been named special prosecutor in Councilman Tim Bynum's misdemeanor zoning violation case after Prosecutor Shaylene Iseri-Carvalho's entire office was recused for conflict of interest.

As you may recall, Minatoya was a Kauai County Councilman from 1994-96 before becoming first deputy for former Kauai Prosecutor Craig DeCosta. He's now a deputy prosecutor on Maui. And I'm left thinking, of all the prosecutors in the state, the Attorney General's office chose one who is not just a Kauai boy, but one with political connections?

Or maybe I'm being overly cynical. Covering politics does that to you.

Meanwhile, the county Charter Commission last night killed a proposed charter amendment intended to clarify that the mayor does not have the power to discipline the police chief. Although the County Council doesn't have to finalize its proposed charter amendments until August, county staff were telling Charter Commission members they had to decide last night which measures they want to put on the ballot. So they choked under the pressure and caved — even though the only person who testified against such an amendment was the mayor's top assistant, Gary Heu.

Councilman Mel Rapozo urged the Commission to adopt the amendment, saying that given the mayor's current interpretation of the Charter, he could exert power even over elected officials. Council Chair Jay Furfaro said the Council has its own resolution on the issue, but was waiting to see what the Commission did. And now we'll be waiting to see what the Council does...

Interestingly, the Charter Commission had asked for — but was not given — a copy of County Attorney Al Castillo's opinion that supposedly authorized Mayor Bernard Carvalho to first suspend Police Chief Darryl Perry on Feb. 1, and then place him on leave. The police commission immediately voted to re-instate Perry, but Carvalho would not allow his return until March 12.

So fascinating how the County Attorney works. When he wants to give information, folks don't want to hear it, but when people want the information he's given, he doesn't want to release it.

The Charter Commission also wisely nixed Shay's request for an amendment that would have removed her budget from the mayor's oversight. I don't think anyone in their right mind would want to give the prosecutor's office more discretionary power right now, especially over money.

Which brings to mind a couple of things that jumped out at me from Shay's budget session with the Council last Friday, aside from the high drama over stifling public questioning about her POHAKU program. When asked how her deputies have fared, given the rapid turnover in her office and the 58 months that prosecutors positions have been unfilled, Shay replied:

“If attorneys are not able to keep up with working 50 to 70 hours a week and deal with the emotional trauma of having to deal in court every day, they are people just not fit for that job.”

Why should people have to work 50 to 70 hours a week and face the stress of court every day just because Shay can't keep her office fully staffed?

I was also amused when Shay revealed she had wanted her own "protocol officer," but personnel reworked the position. It's bad enough that Bernard hired a valet, but now the prosecutor wants one, too? Of course, such an employee would presumably be paid less than Shay's first deputy Jake Delaplane, who currently plays the step and fetchit role.....

Oh, and after someone left this comment:

what about the County's "Executive Protocol Officer" Sean Texeira getting wasted at a party on county property, getting in a accident, abandoning the vehicle and opening up the county to liability issues should he have harmed someone?


I followed up with the county spokeswoman Beth Tokioka and learned: 

I believe this comment is referring to an after-hours gathering that happened on County property last September.  Because it happened on County property, disciplinary action was taken, but I can’t share with you those details as they are a personnel matter.  As for anything that might have happened off County property – I have no record of that.

And then there was the pointed exchange between Shay and Tim, who finally had the chance to directly address his nemesis. After Shay claimed she had fired “several, oh more than several” deputies for “dishonesty,” she went on to say: “If you are a dishonest person you do not deserve or should be a member in an occupation being paid by the public in the prosecutor's office, and I agree with that, too.”

This prompted Tim to ask: “That criteria would apply to anyone in your office?” To which Shay replied, “About being dishonest? Of course.”

There you have it.

Btw, I did offer both Jake and Shay equal space to respond to the concerns laid out in my post about POHAKU, but I haven't heard anything back.

40 comments:

Anonymous said...

Its time for Shay to sashay....out of the prosecutors position.

Anonymous said...

The Council should make Shay take an oath to tell the truth before she makes statements to them at Council meetings. Didn't she tell Ms. Yukimura she had "done" murder cases during her tenure as the Prosecutor? Wish Yukimura had asked her to name the defendant(s). I don't think there has been a murder trial since she took office.

Anonymous said...

For all of you concerned Kauai citizens please contact the: Duty agent squad Five

Honolulu FBI
300 Ala Moana Blvd
Suitte 4-230
Honolulu, Hi 96813
Phone: 808 566 4300
fax: 808 566 4470

There needs to be at least 20 people to file complaints in order for an investigation to be done. I for one is filing a complaint and I would like you and all of your familiy and friends to file complaints for the safety and security of our people. To achieve social justice, one must have the courage and strength to identify the Crimes committed.

Anonymous said...

Who took down the Mafia? Now it's time for the Honolulu FBI to take down Kauai's Mafia. This will be Historic and the Legacy of the FBI will Live in the Hearts and Minds of Kauai's citizens for one's Lifetime.

FBI Motto: FIDELITY, BRAVERY, and INTEGRITY

KamaKele said...

lol @ calls for FBI investigations...get real. The FBI would look at the evidence and the alleged wrong-doing and laugh at the people begging for their time. What are they going to investigate? Think they care if a county prosecutor asked his deputy to tape his conversation with a witness and ask questions about the insides of Bynum's home? Hell, it's the FBI, they do the same thing, only they tap phones and bug rooms. Hell, call the FBI and you might be giving Jake Delaplane an impromptu job interview to work for the FBI.

I mean, have you thought about how rediculous you sound? Please investigate our politicians for small-time county-level petty corruption that involves no evidence of money or drugs? The FBI has cities like Honolulu, Chicago, DC, Boston, New York...u think they give a rats ass about Lihue?

Anonymous said...

Sean is just one of the drunkards there - surely he was drinking where the alcohol flows freely - three guess which departments those might be?

Then after work, almost any given day, the party is moved to the local bar establishment.

Anonymous said...

It's almost as ridiculous as Shay calling for an investigation of the County Attorney but not as ridiculous as Shay needing a lawyer just to answer questions before the Council. She should waive her rights and just answer the question. What is she hiding?

Anonymous said...

MelMelMel
ShayShayShay,

You must have forgot about the Costa investigation. You must have forgot about the Serial Killer survivor in wailua. You must have forgot how close they were to getting Baptiste. You must have forgot the KPD vice that got busted. You must have forgot of the Kusaka debacle. You must have forgot of the Shapiro pill mill. You must have forgot of Dial a Doc Spear.

Laugh Now, Cry Later :) :(

Anonymous said...

After reading about Jake's performance in the Bynum case and the attempted murder case, I doubt the FBI would offer him a job. He's better off working for Strategic Justice.

Anonymous said...

I see similarities in the alleged westside rapist killer Wilson and the alleged Lauren Kagawa killer Bonachita.

The top dogs cover up for these people and some try to punish these criminals. Wilson was sent back to prison many times for parole violations and when his parole was up, unsolved murdered women on Kauai occurred once again in 2010. Until a certain few that know what really happened to Wilson made the Murders stop on Kauai once again.

In the Bonachita case, he has been arrested many times after Kagawa was murdered. Does that sound familiar, but wait a certain person stated that superficial wounds and the last person who droped Kagawa home where she died was not a suspect. Does thatthat sound familiar to the Westside unsolved rape and murders.

This is in retaliation for what KPD does not want to be embarrassed about. Just ask Dayne Gonsalves and Kraestfer Pinkerton how the corrupt operate their code of conduct to committ criminal acts in retaliation. It's standard operating procedure on how they abuse their position and power so they can trump up false charges and set a person up.

All this can be read in KPD blue (a book written by Anthony Sommer) and Andy Parx News, other information is confidential to the sources

Anonymous said...

Richard Minatoya selected to be the "guest prosecuter"? This is too bizarre to be true. Shay must have powerful friends at the AG's office to pull these kinds of strings. Wasn't Minatoya also in the House of Representatives and on the Kauai Council? Isn't he a buddy of Tokioka and Kouchi? Unreal. This whole thing stinks to high heaven.

Anonymous said...

Some say that the link does not end there, it continues to someone very powerful that has ties to Kauai and he labors in the Capital.

Anonymous said...

a government employee, did their duty and wrote a letter to those federales. nothing came of it.

they are not interested in the small time, small amount of taxpayer wasted dollars, not big enough and they are too busy with what they perceive to be more important.

this is a matter for the local voters and public to act, if it is to file lawsuits, file freedom of information act requests (all government emails ARE [public] why do you think they delete them automatically after six months?)

It is time to take control of the blatant corruption of this government before more innocents are lost.

Anonymous said...

"
This prompted Tim to ask: “That criteria would apply to anyone in your office?” To which Shay replied, “About being dishonest? Of course.”

There you have it."

I donʻt get it. Whatʻs the point here?

Anonymous said...

This standard doesn't apply to the prosecutor or her first deputy. Read all of the posts about Shay or Jake.

Anonymous said...

The 7 lives that were killed because of the Ka Loko dam breach would be alive today had 20 people of kauai complain and file reports to the federales about Pluegher, County of Kauai, and the State of Hawaii for their roles in this mass murder of Kauai Residents.

Pluegher, the County of Kauai and the State of Hawaii departments were found guilty and paid a small amount of money. None of the persons who are held responsible for this mass murder has been sent to prison.

The white collar crime that is being committed through pohaku and strategic justice partners is just a tiny part of the bigger problem. We have a meth and prescription pill epidemic here on Kauai. Who, what, where, when, why, and how is this not being the number one priority on Kauai. We have a law that states that you cannot be at a state or county park or beach from 11pm to 6am but is this really being enforced. These places are where the ice heads hang out at and forget about we won't bother you if you're fishing. That's an ice head tweeking and don't act like you don't know the problems we have here on Kauai. The boats and planes bring in Ice from oahu. Good Ol Boys are the Terrorists that terrorizes Kauai

Anonymous said...

Hey KamaKele, is Shay ridiculous for sending that e-mail "seeking the assistance of the FBI, the Attorney General’s Office and the US Attorney’s Office to conduct a comprehensive investigation regarding corruption involving the County Attorney’s Office"? And the FBI would be interested in a scrub like Jake when he can't even figure out if he's a witness and has a conflict of interest? You must like to kiss their okoles.

Anonymous said...

Kamakele: what might warrant FBI involvement is Iseri-Carvalho and Delaplane's procurement code violation as outlined in this blog on April 21. That for profit company Delaplane is the agent for is registered in Nevada. If Pohaku participants deposit money at Bank of Hawaii on Kauai for that company - it sounds like interstate commerce to me.

Anonymous said...

I doubt there ever was a disciplinary action taken for the exeutive protocol officer's drinking behavior after office hours on county property. He's still the mayor's man-Friday, mind you. What about the mayor's drinking tryst once a week with his campaign supporters?

Anonymous said...

Party animals in the County of Kauai!

KamaKele said...

If you don't think the FBI has mmuuuuchh bigger fish to fry than small-time politicians on this tiny island, you really are kidding yourselves.

And yes, Shay's statements in that email was just as rediculous. I laugh everytime ANYONE mentions the FBI.

Now, say Shay and the Mayor and Chief Perry and some cops were taking bribes from the Triads to overlook human trafficking of young girls being smuggled in from cambodia to be sex slaves...then the FBI might be interested. Get the picture?

Anonymous said...

Yeah the Pohaku, Humane Society and Bynum controversies definitely involve small time county level petty corruption and at least one involves money. Maybe the FBI won't bother with small time crooks but how Shayme. She should resign and take Melfeasance with her.

Anonymous said...

Is the garden island newspaper Shay's campaign headquarters. Did she give TGI some of that 10k or she getting free ress to push for the good ol boys agendas. TGI should be ashamed to call themselves a newspaper as KIUC a CO-OP.

She is painted in the minds of senior voters as a savior yet these seniors that dont have internet cannot read the truth about her and find out she is Judas. These seniors are the voting pool here on Kauai unless a lot of others wake up and vote her out. TGI master plan is to make her look good because we all know on Kauai middle aged and younger voters are scarce. KIUC has a better tactic just make a inhouse count and make it seem that the votes werent rigged ie Dubya Presidential votes. What a Scam of what we have learned today from past history.

Anonymous said...

Is the garden island newspaper Shay's campaign headquarters. Did she give TGI some of that 10k or she getting free ress to push for the good ol boys agendas. TGI should be ashamed to call themselves a newspaper as KIUC a CO-OP.

She is painted in the minds of senior voters as a savior yet these seniors that dont have internet cannot read the truth about her and find out she is Judas. These seniors are the voting pool here on Kauai unless a lot of others wake up and vote her out. TGI master plan is to make her look good because we all know on Kauai middle aged and younger voters are scarce. KIUC has a better tactic just make a inhouse count and make it seem that the votes werent rigged ie Dubya Presidential votes. What a Scam of what we have learned today from past history.

Anonymous said...

Or maybe she has done well to network and step up over the years that she has worked as a public defender and more recently at a prosecuting attorney. One of things that people don't like about Shaylene is that she is bold and direct. Sometimes, maybe too direct for some peoples' likings. I've seen many changes in the OPA as compared to years past and I think that she and her staff have done a good job. Perhaps too much grumbling and obsession with the witch hunt. Get a life.

Anonymous said...

I just don't like her mental illness being afflicted on the people she is suppose to represent.

This women, in my professional opinion, has some serious mental issues. Extended therapy and possibly some prescription drugs should do the trick.

Anonymous said...

her 'dishonest' employee 'rejects' were quickly snatch up by our own county attorney.

what does that say?

Anonymous said...

the nepotism is rampant in this county -

from the assistant's mayor boyfriend recent employment to the appoint of a planning commissioner's son as 'protocol' officer.

why would the FBI care, UNLESS, there is blatant fraudulent expenditures of federal dollars.

That my friends would be something they would be interested in investigating.

this government acts in the best interest of the large land owners, not in the interest of the people of the land.

Anonymous said...

Being bold and direct are good qualities for a prosecutor. Being petty and vindictive, and believing that the law does not apply to you are not.

KamaKele said...

Amen to the person that said enough with the witch-hunt.

Anonymous said...

Shaylene is a smart woman but her behavior at the County Council Meetings are not acceptable for an elected official. She needs to answer the questions and be truthful with her answers. Right now a lot of people are watching and getting second thoughts about voting for her. Mel Shay is a big girl she can take care of herself.

Anonymous said...

The "witch hunt" would end if Shaylene waives her rights and answers questions about Pohaku without an attorney. Who ever heard of a prosecutor needing an attorney to answer questions about a program? It looks like she's got something to hide.

Anonymous said...

The Witch Hunt
Scene 1
Shaylene: I want to do something good for the community to show my appreciation for the trust they have shown in me by electing me the Prosecuting Attorney for the County of Kauai.
Jake: I know, make me your First Deputy.
Shaylene: That's a great idea. I know that you're inexperienced and not very bright, but you're just like me. Honest, sincere and hardworking. Okay, it's a deal.
Jake: I have a great idea. Let's start a diversion program. We'll call it "stoned".
Shaylene: Hmmm. The name needs some work. Let's give it a Hawaiian name.
Jake: Kalani?
Shaylene: Sigh.
Jake: Kapaa?
Scene 2
Jake: I found a way cool company on the Internet. It's called Strategic Justice.
Shaylene: Catchy. What do they do?
Jake: They're full service. They set up your diversion program and they only charge $200 for each participant.
Shaylene: That's a lot of money. What about the defendants who can't pay.
Jake: I guess that's why it's Strategic Justice, you know,targeted for a certain income group that has proven to be less likely to get caught committing a crime and more likely to give you money for your campaign if you let them off the hook.
Shaylene: I'm shocked that you would suggest such an unfair model designed to discriminate against the poor. But, I'm also intrigued by the privatization of a program that sounds eerily similar to the court's probation program. I guess you could call me a compassionate conservative.
Jake: Okay. Hey, another cool feature is that we don't have to worry about those pesky ethics and procurement laws . . . (fade to the dark side)

Anonymous said...

On this Island.....its who you know not what you know.

One can get away with murder

Dr Shibai

Anonymous said...

There is no accountability on Kauai. The Prosecuting Attorney can do whatever she wants. The powers that be are either her friends or afraid of her.

Anonymous said...

Is KamaKele a County employee (an OPA employee?) posting comments during work hours?!

Anonymous said...

Is KamaKele a County employee (an OPA employee?) posting comments during work hours?!

Anonymous said...

Hey Shay and/or Jake can i borrow 10K, I would put that money in Vegas that Kamakele works for the county. The real question is if KamaKele is a Chief or Indian? Viva Puerto Rico/ Mahalo Mahalo nui loa

Smart meter find out the IP address of the county employee who is abusing their position to post comments while at work on a government computer. Hint Hint Al Castillo Duh! go get em boy!

Anonymous said...

I'm wondering why so many people are afraid of this prosecutor? Does she abuse her position?

Anonymous said...

Ask the Humane Society or her ex boyfriend or the two dozen former employees who used to work for her.