Saturday, May 5, 2012

Musings: Dirty Deeds


The Scorpio moon will be full when it rises at 7:07 p.m., though it was already showing its brilliance last night when it managed to escape the clouds that brought the rain that drenched my garden, priming it for planting.

I've been a little more focused on bees than gardening lately, though of course the two go together. I got the scary kine chicken skin last night when I attended a talk by state apiarist Danielle Downey and heard her say pollinators — bees, bats, butterflies — are declining all over the world. And that spells trouble for fruits, veggies, seeds and nuts.

It's unclear exactly why their populations are dropping, but signs point to the usual suspects: selfish, stupid, greedy humans.

Speaking of which, the folks at Syngenta are beginning construction of a giant poison facility in Kekaha, a building large enough for its big sprayers to drive right in and get loaded up with toxic chemicals. That gives you a hint about the volume  of pesticides and herbicides they're using — substances that ultimately end up in our soil, rivers and sea.

Pioneer, on the other hand, continues to try and polish its tarnished image, most recently with a heavily-publicized donation to the Kauai Independent Food Bank. Amazing how The Garden Island can always find room for a KIFB puff piece — this is the fifth in 10 days — while so many important stories go unreported.

To its credit, The Garden Island made a good effort on its second-day coverage of “rice-cooker gate," with the reporter calling Special Prosecutor Richard Minatoya for comments on why he dropped the misdemeanor charges that Prosecutor Shaylene Iseri-Carvalho had filed against Councilman Tim Bynum.

I wondered if former planning director Ian Costa and planning inspector Sheilah Miyake, both witnesses in the case, had an attorney present when Minatoya interviewed them. I'll never forget the way Deputy County Attorney Maunakea Trask asked Judge Kathleen Watanabe if he could stand beside the two when they testified in the hearing to recuse the prosecutor. Kids testifying in heinous abuse cases don't even get to hold a teddybear, yet Ian and Sheilah wanted Maunakea to hold their hands. 

Nor will I forget the classic response from Tim's attorney, Dan Hempey, who said he couldn't see the need “unless they're gonna be confessing to a crime up there.” That quote came to mind when Shay said she couldn't talk to the County Council about POHAKU unless she had an attorney present.

What the paper didn't make clear was what Minatoya meant when he said the case “wouldn't survive the suppression,” nor did it elaborate on his key statement:

The compliance inspections were in violation of regulations, according to Minatoya. It came down to whether there was valid permission for the compliance check.

To get the gist of what's behind all that, you've got to read the motion to suppress that Hempey filed on March 13. In it, he asked the court to suppress evidence gathered during warrantless searches both by planning inspectors and the person — still unnamed, though not truly anonymous — who made the initial complaint against Tim.

It lays out the sickening scenario of how Shay got her lackeys in planning to do her dirty work of compiling a case against Tim, even though Ian had already told her that it did not appear any laws had been broken.

Though someone — likely either Sheilah or inspector Patrick Henriques — claimed in comments yesterday that no one peeked in Tim's window, the motion states that to see the rice cooker and fridge, a person would have to enter a gate into a fenced back yard, go up a ramp past bedroom windows to the back of the house and across the lanai. Sure sounds like trespassing.

Further, Patrick acknowledged that he “made up excuses” and “so-called” questions in an attempt to gain Tim's consent for a second inspection, using evidence gained while peeping without a warrant.

When you read the motion, you can see why Dan took the case: he was justifiably upset about government intrusion into the private lives of citizens.

And if you read the motion to dismiss that he filed the same day, you'll understand why he was challenging as “vague and overbroad” the county's definition of a kitchen to be “a room used or intended or designed to be used for cooking and preparing food.”

As he notes, “Does this include boiling water? Spreading peanut butter on bread? Microwaving pre-prepared food? Reheating food that has already been prepared and “cooked” at a restaurant? Pouring rice from a bag and covering it in water?”

He contends the vagueness of the statute “invites arbitrary and discriminatory enforcement,” which is the crux of the matter here.

It's obvious that Shaylene trumped up a case against Tim — a case that cost the taxpayers a lot of money, diverted the prosecutor's attention away from other more serious crimes and made it clear she is abusing the power of her office to execute personal vendettas.

The only question now is whether Shay, like the seed companies that cover their dirty deeds with public relations stunts, will be allowed to get away with it.

26 comments:

Anonymous said...

Dirty, foul, SHAYmeful deeds indeed!
What does it take to fire a Department Head who has been proven not only to lie, break laws, ethics, waste taxpayers money (not the end of it yet,)violate procurement rules, mismanage her department, waste time on personal vendettas, the list goes on and on... Isn't it time for the Mayor, the Ethics Board,the FBI, and the State Attorney to step in? Or one could always resign and move to Paraguay! just being helpful.

Anonymous said...

So despite the way "evidence" was obtained in a illegal way was there a violation or not? People talk about a rice cooker and fail to mention a refridgerator. 2 fridges in the same dwelling is strange. Many local families keep a 2nd fridge in the garage for beverages or x-tra storage but in a family room? I understand the whole political vendetta thing and it appears to be the case here, but what still remains unanswered for me is whether or not there was a violation? Dismissing the case doesn't mean there wasn't any violation just that he couldn't prosecute because of evidence obtained illegally and therefore suppressed. Who is the unnamed person but not truly anonymous?

Anonymous said...

"....Ian had already told her that it did not appear any laws had been broken."

Anonymous said...

On April 8, 2010, Costa emailed Iseri-Carvalho, responding that Bynum’s residence was permitted as a “single-family” dwelling based on one kitchen.

“If a second kitchen (area used for the preparation of food) is present, then a violation would exist for an illegal ‘multi-family’ dwelling unit,” Costa said in his email.

So if it was not determined he had a second kitchen, then no violation.

Anonymous said...

Mauana Kea is a dirt bag willing to do anything to prove himself to the good ol boys. If the good ol boys told him to rob a bank or slap an old lady he would do it, just to please the hierarchy and get in the club.

Anonymous said...

He is a loyal servant to the throne

Anonymous said...

Planning eventually said no kitchen was there. The Court and Special Prosecutor said no kitchen was there. If what Tim has is illegal we need to prosecute at least 2000 people because a Mother-in-law space in a home with a sink, counter and fridge is common on Kauai and is not illegal.

Anonymous said...

Right, so is there a violation there?
I think so.
Bynum is a sleazebag.
Hope Hempey got paid well enough to get his hands so dirty.

Anonymous said...

The Garbage Island article doesn't even mention Shay. Where's the context?

Anonymous said...

If it wasn't Bynum and it was one of your friends who was facing a jail term for having a rice cooker and a fridge in the family room - I'm sure you would be against it.

The inside of our own houses has to be off limits to the likes of Shay, Sheila, Mel etc...... There has to be some privacy left. Now that Bynum won, maybe he can help re-write the CZO to make it sensible.

A system where you can go to jail for plugging a rice cooker into the wrong outlet is basically facist.

Anonymous said...

Mauna Kea is a good attorney and a good guy. Talk shit to his face and see what happens.

Anonymous said...

Minatoya was not the most appropriate person to handle this case. He has ties to Kauai and relationships as a former council member and a former Kauai prosecutor that should have negated his impartiality in this case.

Anonymous said...

Cry to his daddy PePe

Anonymous said...

That foul mouth pubic hair of a head case, always swearing at his kids school. Yeah a good guy and good parent.

Anonymous said...

Monsanto is making billions of dollars on their pesticides, and they don't take responsibility for the damage to the environment and people that are exposed to them.

http://www.panna.org/node/1266

We can do better on this island with out more poison.

Better make sure your medical insurance is paid up, because you will need it.


Dr Shibai

Anonymous said...

Except for Jake not too many lawyers would have taken this case to trial. Richard did the right thing. The only ones who disagree are Shay, Sheila and their cronies.

Anonymous said...

Mauna Kea Trask is an excellent attorney. First Deputy Prosecuting Attorney Jake Delaplane has no moral compass.

Anonymous said...

All the resources at her disposal and she couldn't come up with something better than rice cookergate? Pathetic.

Anonymous said...

for those of you who read the transcripts -

Captain/Cheif Inspector Sheila was quoting who's law when she said she could inspect the property at any time with an open permit? does this woman even know the laws she is obligated to enforce?

So now you have an inspector making up excuses to try to sneak in an inspection, who trained this clown? his supervisor? who is responsible for these people actions against the public?

These are tragically sad examples of our government 'officials'.

Anonymous said...

All the resources at her disposal and she couldn't come up with something better than rice cookergate? Pathetic.

May 5, 2012 5:42 PM

Since she can't prosecute a real criminal, why not make stuff up and try a make-believe case?

A complete waste of HOW many County employee's time - oh wait - how much taxpayer money has this wasted? $10,000, $50,000, $100,000?

Anonymous said...

The Prosecuting Attorney must exercise the awesome powers of her office fairly and in the pursuit of justice. She has shown time and time again that she lacks the discretion and temperament to hold that office. It is both outrageous and depressing that the media and the powers that be do not hold her accountable.

Anonymous said...

That definition of kitchen is a problem. Everyone is guilty under that definition, and so Shaylene Iseri-Carvalho can pick who she goes after. And we know what she will do with power. Use it to help horses? No - destroy opponents first. Fascists often start with the zoning laws. They start with property rights.

Shaylene Iseri-Carvalho needs to lose the election, and badly - and ethics should investigate. They can start impeachment process. She should lose so badly that Mel is left mumbling that he really never actually supported her. Hemp for council.

Anonymous said...

In France..... "Asked Friday what he would do if he loses, Sarkozy said simply: "There will be a handover of power."

"The nation follows its course," he continued. "The nation is stronger than the destiny of the men who serve it."

When will Kauai County elected officials realize that its not about them keeping power, but about them serving the people? Shayme.

Anonymous said...

I have a "man fridge" in my garage. I occasionally cook on a grill and use a rice cooker in my garage during cookouts. Is that a kitchen?

Anonymous said...

It depends on whether the planning inspector likes you or not.

Anonymous said...

My friend has the same set up. Fridge, two grills (gas and charcoal) and rice cooker on his lanai. I knew he was up to no good.