Friday, May 4, 2012

Musings: Bynum Cleared


County Prosecutor Shaylene Iseri-Carvalho suffered a major defeat yesterday when Circuit Judge Kathleen Watanabe dismissed a misdemeanor case against Councilman Tim Bynum.

The judge's order came after Special Deputy Attorney General Richard Minatoya conducted an extensive investigation and asked for a dismissal. Minatoya was appointed to the case after the judge recused Shay's entire office for conflict of interest.

"Mr. Bynum is deeply grateful to the Court for removing the Kauai prosecutor from this case and to the Attorney General's Special Counsel for conducting the thorough investigation that proved his innocence,” said Tim's attorney, Dan Hempey, in a press release distributed last night.

The trouble began on April 14, 2010, when planning inspectors Patrick Henriques and Sheilah Miyake — acting on a tip — came onto Tim's property while he was at a Council meeting and peeked in his windows. They allegedly spotted a rice cooker on the counter of his family room and a refrigerator.

The next day, the planning department sent Tim a “cease and desist” letter advising him of two violations of the zoning code, which he then worked to clear.

Some 19 months later, Shay charged Tim with four criminal misdemeanors, claiming that the presence of the appliances transformed the family room into an unpermitted second kitchen. Each count carried a maximum penalty of one year in jail and a $2,000 fine.

Though the prosecutor's office claimed it had not singled Tim out for prosecution, many thought Shay was waging a personal vendetta against Tim, her political enemy from the days they served together on the County Council. That assessment gained credence when Judge Watanabe recused the prosector's office on April 5, saying its continued participation in the case would be highly improper, and there was a compelling public interest for the Attorney General's office to intervene.

As I reported at the time, the recusal hearing included testimony from one of Shay's former deputies, who recounted her office's scheme to mislead and secretly tape record a crime victim in hopes of digging up dirt on Tim.

According to court transcripts of the recusal hearing, Watanabe told First Deputy Prosecuting Attorney Jake Delaplane (emphasis added):

Thank you. I've heard more than I need to hear at this point. Mr. Delaplane, your request to the court and your reasoning for it has supported this motion for recusal. You know, to protect the integrity of the process, and when I say the process I mean the prosecution and the judicial process, your office should no longer be involved in any manner whatsoever with State v. Bynum. And as such this court is ordering that your entire office, and I don't mean just Ms. Iseri Carvalho or you, Mr. Delaplane, but your entire office is disqualified from further prosecuting this case and the matter will be turned over to the attorney general's office.

The idea that Shay was waging a political vendetta gained more traction when she sent a Jan. 19, 2012 letter to the County Council demanding that Tim be recused from all review and deliberations involving her office while the criminal case was pending.

In that letter, which she marked confidential but later released to the media, Shay stated that “Bynum's paranoid belief that the actions taken by our office were calculated personal attacks against him is without any merit and is completely baseless.”

Shay went on to assert that the planning department had investigated the case and referred it to her office for prosecution — a claim later determined to be false. She also said Tim had a “vested interest” in ensuring her office did not function properly.

The case against Tim, which he said cost him thousands of dollars in legal fees and took a toll on his health and well-being, was dismissed with prejudice, which means the charges can never be filed again. It's unclear how much the case has cost taxpayers, or how much more it may cost if Tim decides to pursue a civil rights action against the county.

I'll be reporting more of the gory details in a subsequent post, but in the meantime, check out the initial motion to recuse, which Watanabe granted, as it contains more examples of Shay's smarmy moves in this case.

52 comments:

Anonymous said...

The fact is that "no one peeked in any window". Through the glass door of the illegal dwelling - in plain view were that of a rice cooker, full size refrig, a kitchen counter with other small appliances. PLEASE GET YOUR FACTS STRAIGHT!

Anonymous said...

"Get your facts straight" There is and never was an illegal dwelling Shay, so says the planning department and now the Court. Give it up already. The only one that made this bogus claim was you.

Anonymous said...

The Planning Department stands by the fact that "there was an illegal dwelling and construction without permits"! Call Planning and verify this fact for yourself! I did.

Anonymous said...

For a special prosecutor to come in and recommend dismissal shows the case should never have been filed in the first place

Anonymous said...

Sheila Miyake is so getting sued over this.

Anonymous said...

So what will they do with the slimy planning department 'officials'?

NOTHING!

Anonymous said...

Innocent Sheila, stop picking on the 60+ year old woman who dresses like a lost teenager in shorts and high heels.

Anonymous said...

How can anyone be sued when the planning dept has the proof of the illegal construction and illegal dwelling. we saw the notices.

Anonymous said...

Ha! So the Attorney General conducts a full investigation and finds no crime, but you can call Kauai's Planning Department and they will tell you that the AG is wrong! So stooooopid, Kauai style.

Anonymous said...

"She also said Tim had a “vested interest” in ensuring her office did not function properly."

diagnosis - delusional and not fit for duty.

Anonymous said...

Leave Shayme alone!

Anonymous said...

The AG did not find any crime, and he interviewed the Planning Inspectors. Planning is totally corrupt, and why, why, why was Sheila sending the notice of violation to Peter Nakamura same day it was written? County of Kauai, hold on to your wallet! Sheila, betta get one good lawyer. No wonder prosecutor won't answer any of Tim's questions.

Anonymous said...

How much has this cost the taxpayers?

Anonymous said...

If Planning is telling people today that "there was an illegal dwelling and construction without permits", after Court has just ruled otherwise ----- that's called slander...... lawsuit number 10.

Anonymous said...

Shelia's daughter can represent her! Better yet hire Dan.

ha, ha, ha.

Anonymous said...

I read the actual motion and the letter to council at the end. Mahalo for posting it. Ugly business.

Anonymous said...

WE WILL ALL PAY FOR SHAY!

Anonymous said...

...KARMA... KARMA... KARMA...

Anonymous said...

SUE them *ITCHES Tim! Don't let these *UNTS get away with their crimes! F'em All

Anonymous said...

Robbery at Coffee Bean Kapaa the guy must be connected because TGI no report em

Anonymous said...

At least the story is on the front page. If they would only cover the Pohaku fiasco and Shay's refusal to answer questions without an attorney to advise her. WTF!?! Mel, c'mon, ask Shay to tell us what's going on. What is she hiding?

Anonymous said...

Shay fires dishonest lawyers? She should fire Jake and resign, or was she lying when she said it?

Anonymous said...

Melfeasance

Anonymous said...

Still very HOT!!!

Anonymous said...

POHAKU that seems like a pretty obvious research trail. Go to the County's bid/procurement website, see if the outside company that Shayme hired was ever obtained through the legally required process. Then, see what law she invoked that ALLOWED her to charge money for a company's service that she is already being paid to do.

Anonymous said...

Teen court money was funding to Hale opio then Shayme said, "I can do that give me the funding/money".

Then it turns out she can't actually do the work required for a teen court so she serendipitously hires some mainland company that also gets paid, except this time from the consumer.

follow the money, it smells like Shayme

Anonymous said...

Senior citizen wearing heels and shorts. Come on she looks adorable.

Anonymous said...

what's the connection with sheila's daughter? is she an inside lawyer?

Anonymous said...

Who is still very hot? Shay? Sheila? Tim?

Anonymous said...

The rice cooker?

Anonymous said...

Shay is at war with the mayor,council (with notable exceptions), the county attorney, the courts, the humane society, the lying attorneys that she had to fire, the victim witness employees, etc. She has no regard for victims (so what if I told my deputy to secretly tape the victim to get dirt on my enemy? Is that wrong?) the law (what ethical code? what procurement code? what rules of conduct?) or the truth (the planning department started this whole thing and they referred it to my office. I promise). She must go.

Anonymous said...

Anon 5:56,

That just about says it all. Can't explain all that away but TGI got to report or the masses don't know.

Anonymous said...

You're missing one interesting point. Shay FIRED Minatoya when Minatoya was working as a Kauai prosecutor. This could be Minatoya's revenge to Shay!

Anonymous said...

Vote for Justin Kollar, so we can get Shay (Shamester) off this island! She's a disgrace.

Anonymous said...

I don't think Minatoya was employed in the OPA when Shay barged in. I think he came in when Craig (or Greg as the Garden Island likes to call him) De Costa was the Prosecutor, and then moved on. No?

Anonymous said...

Minatoya left with DeCosta. Shay did not fire him.

Nice try tho. Grasping at straws?

Anonymous said...

Minatoya left in 2006. Shay didn't become prosecutor until 2008. How could she fire him?!? Idiot.

Anonymous said...

Jake is not an idiot. He was still in law school back in Mississippi when Minatoya left the prosecutor's office, so how would he have known?

Anonymous said...

But Jake did convince the judge that he's an idiot when he was handling Tim's case, so maybe you're right.

Anonymous said...

I just read Andy Parx' blog. He gotta cut down on the peyote because he's hallucinating. He's no better than the Garbage Island reporter who at least can claim ignorance because he hasn't been here that long. Where does he get his "facts"?

Anonymous said...

Andy's facts come from Tim Bynam

Anonymous said...

or Andy's BS comes from Bynam

Anonymous said...

Shay......it isn't so!


Dr Shibai

Anonymous said...

Andy Parx is an honorable man and blogger. The feces speak about the nitpickers the same way they do about Andy. Derogatory remarks is a compliment for speaking the truth only the labyrinth sees otherwise.

Anonymous said...

What did they say about Anthony Sommer and the book KPD Blue??? "Killing him softly with his words, Killing him softly, telling his whole life, with his words"... Refugees

Anonymous said...

DeCosta and Guyot was pawns for the Good ol boys, Now they see the light

Anonymous said...

Andy tells half truths and fabricates the rest. He doesn't have the analytical skills that Joan does. His methodology is to throw up shit on the wall to see what sticks. He doesn't get sued because he's on welfare and has no assets that would make a lawsuit worthwhile.

Anonymous said...

The only person more full of shit than Andy is Tony Sommers. Both are a disgrace to journalism.

Anonymous said...

Sounds like you're one of the criminals that was written about in KPD BLUE

Anonymous said...

andy parx is as ineffectual as the methane exuding from his mouth/ass. to say he's a disgrace to journalism though is a joke. he's no more a journalist than any other homeless man is an out-of-work neurosurgeon. it must be nice to live off the state, one hand out taking help, the other typing about how shitty everything is. If he had everything figured out, he'd have a job.

Anonymous said...

If he was really ineffectual you wouldn't put so much effort into discrediting him.

Anonymous said...

Andy is entertaining and sometimes informative but often wrong. He doesn't care. He just wants to stir it up. We need him mainly because the paper doesn't bother analyzing stories. It just quotes the press releases.