Sunday, July 1, 2012

Musings: Spectacle

It was earlier than usual when the dogs and I went out walking, with no light save for that provided by a spectacular array of Jupiter, Venus and Makalii (Pleides), lined up vertically in the eastern sky, gilding the edge of a cloud that drifted near as two Newell's shearwaters wheezed out calls enroute to their mountain burrows.

It provided quite a wholesome contrast to a spectacle of another sort: Prosecutor Shaylene Iseri-Carvalho's expletive-redacted, and no doubt spittle-flecked, rant of finger-pointing, blame-shifting, cry-babying, reputation-tarnishing and boomerang political-paybacking that appeared in today's newspaper.

Yes, The Garden Island finally covered the POHAKU Board of Ethics referral in a piece that proves it really is possible to shoot yourself in the foot and then stick it in your mouth.

Though the article disappointingly left out two key details — Shay and POHAKU are also being investigated by the county Finance Department and state Attorney General's office — it does helpfully provide a “POHAKU flow chart” graphic (wtf?) and a few eyebrow-raising revelations from the Shayster herself.

Like her disclosure that the Office of Prosecuting Attorney doesn't have contracts with any of the agencies that provide it with services, including the YWCA, which got a big chunk of money that previously supported the victim-witness program. Oh, and that the Ethics Board had already launched an investigation by the time the Council finally approved such a request of its own.

Then there was her revelation that she had tape-recorded Chief Procurement Officer Ernie Barrera on Wednesday. Wonder if he knew, or if it was another one of those secret tape recordings for which Shay and her top deputy, Jake Delaplane, have such a perverse penchant.

And let's not forget Shay's claim that “the county Finance Department told her the [earlier] Ethics investigation was initiated after a request by 'council members.'” Now either Shay and/or the reporter mixed up the Ethics investigation with the Finance Department's procurement investigation, or Finance is revealing confidential or false information to a person it's supposed to be scrutinizing.

Still, nothing matches the hubris Shay displayed in accusing Councilman Tim Bynum — a man she prosecuted for a non-existent crime out of her own desire for political retribution — of engaging in political payback. Meanwhile, she again smeared Ti'ms name by referencing the zoning charge — thankfully, the reporter noted she'd been pulled off the case, and it was dismissed — and a theft charge against his son. I'm sure that will help fuel Tim's impending lawsuit against the county.

And I couldn't help but wonder if former Prosecuting Attorney Craig DeCosta is contemplating his own lawsuit now that Shay has publicly, and almost certainly falsely, accused him of illegally accepting money in exchange for dismissing cases. 

Sadly, Shay is so busy dealing dirt and shifting blame that she never does explain why, if she was aware of all the misdeeds Craig supposedly committed in setting up a contract with a service provider, that she didn't then follow the correct process herself.

Then there's puzzling diatribe (emphasis added):

JoAnn (Yukimura) has got to be so full of (expletive deleted), because we received absolutely no money, and they know that Craig (De Costa) received monies because they saw the contract, but they don’t want to bring out Craig’s stuff because they’re only out to target our office because it’s an election year and they want Justin Kollar to win because that’s their candidate,” she said.

Wait, what about $9,800 paid by the 49 people who supposedly have gone through POHAKU? Where did that money go?

And I loved the part about how she's “threatening to file a complaint against Castillo and Deputy County Attorney Mona Clark 'for lying to the council.'”

Mmmm, what about all your lies to the Council, Shay? You know, the bogus crime stats, the BS about why you eliminated Erin Wilson's victim-witness position, the claims that all those deputies you fired were dishonest, when their real “crime” was being mainland haoles, the utter crap about how Tim couldn't ask you any questions because he was being prosecuted for a crime and would withhold funding for your office.

Then there's the biggest lie of all: that you couldn't answer any questions about POHAKU during budget hearings unless you were given a special attorney to protect your rights. Yet you have absolutely no compunction about indiscreetly blabbing to the local paper, where you pretend you wanted the attorney only because you didn't want to implicate Craig unnecessarily — after you've just dragged his reputation through the mud.

Whoa. Like I said, it's a spectacle. A sad and sorry spectacle.

In all the court proceedings I've ever sat through, taking personal responsibility for one's actions is considered paramount. Indeed, it's a prosecutorial mantra that people should have the book thrown at them if they fail to accept responsibility for what they've done.

So how about it, Shay? When are you planning to own up and take responsibility for lying, mismanaging the OPA, using your office to engage in politically-motivated prosecutions, and treating your employees so badly that at least two have received EEOC settlements from the County?

Or should we just go ahead and render the harshest judgment, impose the stiffest sentence, by giving our votes to your opponent, Justin Kollar?


Anonymous said...

Thank you Joan, for clearly showing that the Empress has no clothes!

Anonymous said...

From the Garden Island article:

“That is illegal conduct, there is no question in my mind, and that’s why we stopped execution of those terms,” said Iseri-Carvalho, explaining that it’s illegal to collect money in exchange for dismissing a person’s case, “and that’s what Craig (De Costa) was doing.”

That's what Shaylene was doing with Pohaku! Except the defendants were paying $200 to get the case dismissed, not $150. Who does Shaylene think she's fooling with this bull (expletive deleted)?

Anonymous said...

I find it strange that there was no mention in the article of Jake's role with SJP, I guess we have to accept sub standards in reporting.

Shay: excuse # 1- Well officer I wasn't the person who robbed the bank, I was only the driver of the getaway vehicle so it was him, her and its fault.

It wasn't my idea, I just went along with it because they got away with before.

Anonymous said...

If Shay was your child, would you discipline her or just go along with her lies.

TGI article on Shay is a C- at best, it focuses more on how everyone is out to get her.

Shay needs to put the ICE pipe down and shay no to drugs. HR and Al needs to get a physic evaluation on Shay. Maybe Chief Perry's wife can help the county on that one.

Anonymous said...

Hereʻs a dilemma for me.
If I am to be prosecuted for anything related to drug/alcohol abuse and be sent to a program to fix myself, I get a resentment that the person sending me there and prosecuting me is taking no acceptance and responsibility for their own substance abuse problem.

The fact is they donʻt get ʻcaughtʻ or prosecuted because they get things fixed and donʻt get a record.

To do so, to admit the powerlessness and the problem, would be a noble thing and it would not end in punishment but set a high standard.

I am at a loss as to the amount of drunks in government positions and Iʻm not talking about only Shaylene. ALL of them are alcoholics and many drug abusers.

It is time and long overdue for drug/alcohol testing of ANYONE in public office.
That would include legislators, most of whom believe they are above the law.

There is not enough space on your blog, Joan, to list them by name. As well the despicable crimes they commit and have them buried in executive sessions or settlements.

Anonymous said...

I am really glad I donʻt have to subscribe to the Garden Island Paper anymore.
Not only is it newsless and yellow journalism most of the time but now thereʻs no commenting available; the trolls (DUXes) pretty much ruined it.
But now the paper is voiceless and completely excluded their customersʻ voices.
They want you to BUY the paper but donʻt want to here from you on anything.
TGI, got ʻnewsʻ for you: we are the news.

Anonymous said...

Did anyone notice that, coincidentally, today TGI changed it's on-line commenting policy as follows:

Change in online commenting policy

Starting today, The Garden Island will change how it monitors the online commenting portion of All comments will go through an approval process. Not all comments will be approved. Priority will be given to those that are topical, remain within our comment policies and contain the author’s full name and hometown.

We encourage continued use of our online comment feature as well as the Letters to the Editor in our print edition. The Garden Island values reader input and encourages thoughtful debate.

The timing of this policy change is curious to say the least...

Anonymous said...

What is the county's NEW HR department's budget for drug testing CURRENT employees?

We all KNOW of plenty of COK employees that smoke pot regularly but they only had one drug test 5, 10 or 15 years ago. Yet they all have driving privileges or are required to drive COK vehicles for their jobs.

An investigation into the drug use of county employees is immediately necessary. That would be the 1st step in eliminating and culling the dead wood of useless employees on our taxpayers dime.

Anonymous said...

New fiscal year, new anti drug policies?

One could only hope that the anti-drug department has a budget for the drug testing of employees. All grant money right?

If you use county property you should have to regularly be tested for illegal substances.

Anonymous said...

The program was established and a so called contract was entered into for three years with SPJ prior to Iseri - Carvalho taking office. Yukimura said the council was not aware of an ongoing investigation, and when council members asked Castillo whether OPA was being investigated, he did not answer.
A simple “Yes” by The County Attny would have ended it all. Wasn’t the Deputy County Attny who is running against Iseri-Carvalho a former deputy prosecutor of that time?
One week before the election there will probably be a third investigation. A political ploy, S-E-T U-P number three.

Anonymous said...

Council members Mel Rapozo and KipuKai Kuali‘i were the only ones who voted against Yukimura’s request, saying it was redundant.

“This is a duplication of efforts; this matter, as far as I’m concerned, is being addressed,” Rapozo said at Wednesday’s meeting.

No thanks to Melfeasance. He did everything he could to stop this from being investigated.

Anonymous said...

Kuali‘i said the move was premature, unprecedented, not prudent and unnecessary.

“I think we shouldn’t be jumping the gun for whatever motivation,” he said.

Not prudent to examine the ethics of your political allies, Kipukai? What's your motivation for trying to bury this?

Anonymous said...

"The program was established and a so called contract was entered into for three years with SPJ prior to Iseri - Carvalho taking office."

That's not what Shay said in the Garden Island article:

"When Iseri-Carvalho first took office at the end of 2008, she said she had no idea of such a contract, and that when she found out, she stopped it because of legal issues, even though the contract was to run until 2013."

So Shay stopped Craig's contract and made her own deal with Strategic Justice. You know what the difference is between Craig and Shay? Craig ain't the prosecutor anymore. The Board of Ethics can investigate Shay because she is still a County official. Chief Perry, what is KPD doing about these alleged white collar crimes?

Anonymous said...

"So Shay stopped Craig's contract and made her own deal with Strategic Justice".

This is where the proof is in the pudding. I have read nothing of a new deal in the article. Everything quoted was from the article. If you are privy to confidential information lets have it. If not it's just conjecture.

Anonymous said...

Shay did Kipu a huge favor by dismantling the crime victim witness in the OPA office and gave all funding to Kipu and the womens shelter.

Kipu gets to hire who he wants and everybody who helped him get elected is happy.

While many low income families are targets of abuse and drug infested housing controlled by guess who. EBT is given to dealers for drugs, just like food stamps were.

Mel gets to double dip Kauai tax payer monies as a county council and as a no bid private investigator for the OPA.

Hey You! Clean up the dirty laundry!

Anonymous said...

Plus Shay hired Mel as an Investigator in the OPA. Favors all the way around.

Anonymous said...

"This is where the proof is in the pudding. I have read nothing of a new deal in the article. Everything quoted was from the article. If you are privy to confidential information lets have it. If not it's just conjecture."

This from the Garden Island article:

"The program was created after a bad-check restitution program offered by former County Prosecutor Craig De Costa fizzled out."

I know it's hard for some people to read such a lengthy article and put 2 and 2 together, so let me try to explain it for you. In the article, Shay said she stopped the contract that Craig had because of "legal issues". She then started the Pohaku program after Craig's program "fizzled out." How do you think Strategic Justice got involved? How do you think Shay's picture and endorsement got on their website? How do you think Jake became their agent? How do you think money was being deposited into Strategic Justice's bank account? Are you saying there was no deal, written or otherwise? No, I'm not privy to confidential information, but I have been reading Joan's blog. You should try it (reading) some time.

Anonymous said...

This whole affair is discusting. Shay has serious problems. We are all wittness to her self destruction. Mel and KipuKai are a different story. Assuming they are not suffering from a disorder there is no excuse! Period. You guys are so obvious while you attempt to distract, misinform and cover up. You should be 8th and 9th in the upcoming election. Of course that assumes some justice on Kauai which is something in short supply since Shay has been in office.

Anonymous said...

It is all sort of hard to understand. But I think Iseri-Carvalho is saying that DoCosta's program was totally illegal because it had a written contract and the company he worked with went bankrupt. So Iseri killed that program and renegotiated a verbal contract (not a written one) with the same guy who owned the previously bankrupt company, but instead of the $ going to the County's general fund like DoCosta was doing, it now goes to this California company - so its now not illegal like DeCosta's program was .... and anyway, even if its illegal its OK, because the Council is only investigating this to get revenge over Iseri's bull (expletive removed) abuse of power over Bynum... Is that Close? The loonies are running the asylum!!!

Anonymous said...

It's easier to understand if you focus on the facts involving the current prosecutor. She's trying to drag Decosta into this to muddy the water.

There are two laws involved (at this stage):

1. The state procurement code, which requires the state and county to obtain goods and services by going through a procurement process.

Shaylene obtained services from Strategic Justice without going through the procurement code. It doesn't matter if she had a written contract or not.

2. The county ethics code, which prohibits county officials from:
a. using county time or resources to benefit a private company (doesn't matter if it's for profit or not) and
b. using their position to "play favorites".

Shay used her time and her first deputy's time to benefit Strategic Justice by having payments directed to Strategic Justice, and using Jake and the prosecutor's office to act as "agent" for Strategic Justice. Shay played favorites with Strategic Justice by entering into an agreement (written or otherwise) with Strategic Justice without having it go through the procurement process and by having her first deputy act as Strategic Justice's agent.

Craig Decosta may have violated the same laws but that is a separate matter, unless having your predecessor violate the same laws is a defense.

Anonymous said...

All Iseri Carvalho is saying is that if DeCosta can get away with this white collar crime so should she.

Throw all these heifers in Jail to set a precedence and take away their law licenses so they can't practice law in the state of hawaii.

Get these criminals out of office and you will see crime drop on Kauai because criminals will have to serve real jail time for 70 charges not just 2 frickin years.

Anonymous said...

Who is this guy Balino connected to?

70 Charges and only 2 years in jail?

He had every dangerous drug , guns, knives, weapons, 12K a month, Big trucks, plenty toys, and everyone knew he was a big time runner.

There's more of him around the island-the protected and connected.

Knowing this makes Kupunas, families and children feel safe huh?

Anonymous said...

To9:52. If they're not smoking on the job its not the county's business or yours

Anonymous said...

Is that a COK employee right or privilege to use and abuse drugs or alcohol on or off duty?

Anonymous said...

Workers of the world unite, you have the right to drink and drop legally prescribed meds when you're not at your job. Like the rest of the citizenry, you are subject to the laws that prohibit trafficking, possessing or consuming illegal drugs at all times.

Anonymous said...

I'm not a fan of Shay but she did give statements that seem to defend her position. Let's leave it to the Ethics board and AG to decide.

Anonymous said...

The voters will be the ones to decide. Share what you know to educate others.

Anonymous said...

No need contract. It's what she wants it to be.

Anonymous said...

Isn't it crazy that The Garden Island News is censoring comments about the Prosecuting attorney.

Let all your friends and family know of this and the Shayme it brings. Boycott and cancel your subscriptions to TGI and let them know that this is not communist China.

Anonymous said...

Shay did give points to defend her position. Yet she has a reputation in the County and in the legal community - for lying.

Anonymous said...

TGI is censoring all comments on all articles.

Anonymous said...

Leo reported on the council action and talked to both sides for details. Good job, I say. We need this from our local paper.

Anonymous said...

Charles Aiona seems like a logical person, if he is not connected to the GOB or any Kauai power hungry families i would like to see him run for County Council.

Anonymous said...

Shay has close ties with members on the board of ethics and the AG so we have to sit back and see if these people will try to pull a fast one on us.

Anonymous said...

And for those of you calling for a boycott, I say you must be the communist for trying to shut down an important voice in the community. Yes they could do a better job and the community should encourage the Garden Island to do so. If they did more stuff like this I would subscribe.

Anonymous said...

How did Leo leave out one of the most important things about Jake Delaplane and his role as SJP rep and County of Kauai 1st deputy prosecuting attorney.

Is that a conflict of interest?

Where is the 10K?

If Shay like she says DeCosta program was illegal then why would she committ the same illegal act if she says she knew it was illegal.

Spin as much as you can darling but your two step dance with Rapozo and Kipu is about to hear the over weight lady sing (Mrs Thronas).

Joan Conrow said...

Leo reported on the council action and talked to both sides for details. Good job, I say. We need this from our local paper.

July 1, 2012 7:40 PM

I agree.

Anonymous said...

Boycottt TGI Boycott TGI Boycott TGI Boycott TGI Just like the short lived Nazi WWII Gleichschaltung propaganda newspaper

Anonymous said...

If and only If they reported more like this (OPA story) then they would get more subscriptions and papers bought.

Key words they shall or may report stories like this If and only If they want the people of Kauai to trust and respect TGI.

Until then TGI is garbage

Anonymous said...

Leo has some great quotes:

Iseri-Carvalho said SJP used OPA’s address because the company is based on the Mainland and needed a local address.

“If you had your house in Minnesota, you need to have a person on the island to accept your mail or be a contact person,” she said. “That’s all that our address is provided for.”

Really Shay? Is that the best that you can come up with? Your office has some kind of loosey goosey deal with this company that includes your first deputy acting as its agent for service of process. Most out of state businesses have to pay for this service. Why is your office providing this service to Strategic Justice?

Anonymous said...

Shay took the fifth so that Joann couldn't ask her about Craig but Joann is full of (expletive deleted) because she didn't want to bring out Craig's stuff? That Joann is one enigma. Eh, stop being so obtuse and let us know what is going on Joann. What you stay hiding?

Anonymous said...

Who opens Strategic Justice's mail? What do they do with it after it's opened?

Anonymous said...

Chief Perry and KPD is not gonna do a damn thing, this is like an unattended death or unsolved murder. Case never opened and it will always be closed.

You can take this to pohakus bank and then try to find where the money is later, but you must hurry before a mysterious fire destroys evidence.

Anonymous said...

TGI missed this:

Friday (june 29), employees at the Young Brothers terminal at Nawiliwili Harbor spotted one running between shipping containers—a little more than a mile from the first trapping.

Anonymous said...

Friday, employees at the Young Brothers terminal at Nawiliwili Harbor spotted a 2nd MONGOOSE running between shipping containers—a little more than a mile from the first trapping.

Anonymous said...

The Mongoose probably had cocaine or meth on it because the cameras can see the cocaine flying over the fence.

Young Brothers should be investigated and TSA needs to open up shop at nawiliwili or can the coast guard screen and inspect containers with x ray machines and drug sniffing dogs.

Protect and Defend Kauai

Anonymous said...

Ask Jake because Shay will probably tell you that mail is sent electronically and the OPA only accepts spam.

Shay :You've Got Mail! Oops it's one of you chain email letters of oppression

Anonymous said...

All Jake is good for is opening the mail.

Anonymous said...

Shay refused to answer questions about Pohaku without an attorney because she didn't want to "implicate Craig unnecessarily"? That's so Shay. Always looking to protect Craig's reputation unless she's accusing him of definitely doing something illegal.

Anonymous said...

Wrong TGI is censoring only on the OPA comments. The letters to the editor is open for commenting.

I believe TGI is doing this because information about certain people has been exposed as the truth.

Like in the Amber Jackson murder, The Dr Spear Whores that are connected to the GOB, The outrage on KIUC, KFD fishing excursion, The Mayor and Chief fight for power and control, and the many comments that leads to informing the public of Kauai's dirty little secrets.

To protect and serve Tourism

Anonymous said...

She's losing this election all by herself, and faster than you can say Betty Ford clinic!

Cursing at reporters. Inappropriate council outbursts. Employee abuse and turnover. Lets help this poor woman get some help. From the outside, its fairly obvious.

Shay was rather entertaining as a councilwoman - at least then her relentless mean-spiritedness and vendetta-ing was just entertaining. But its gotten too serious now.

And what was the latest recusal about? Has she now botched a shooting case? Was alcohol involved.... AGAIN?

Anonymous said...

COK druggies and alcoholics maybe you like read your union contract to help protect you from drug testing?

Anonymous said...

Shay and the DSM IV - mmm -

narcissistic - check
egomanic - check

any other guesses to her not fit for duty condition?

Anonymous said...

drug testing is to start with Public Works, move on over to Parks, Planning, Solid Waste, cull the useless dead weight living on our taxpayer's dollars.

Anonymous said...

Delusional- Check
Paranoia -Check
Manic- Check
Suffers from Anxiety -Check
Abuses Alcohol-Check

Not Fit to be County of Kauai PA-Check

Anonymous said...

If the county of Kauai started drug testing it would lose 75 percent of its workforce including management.

Lots of these people have family that sell drugs, they sell them to COK emloyees.

This is how money is circulated here on Kauai, COK gets pay raises and drug dealer family members get pay raises.

Anonymous said...

Shay is not losing the election all by herself. She's getting lots of help from Jake.

Anonymous said...

And Jake's backpack (the one with the recording device)

Anonymous said...

Mel Rapozo and Kipukai kualii reminds Kauai of the dirty political games played by Kaipo Asing and Darryl Kaneshiro.

Anonymous said...

Bernard, please stop protecting these criminals.

Unless you are part of the solution to the numerous drugged out county employees, you are part of the problem.

get a grip and get rid of the useless dead weight. No one will re-elect you unless you deal with these druggies.

Anonymous said...

Borderline personality disorder-check

Anonymous said...

Fucking mental-check

Anonymous said...

All this blog needs is a cast iron kettle over a slow burning fire, a few brooms, some eyes of a gnat, and toes of a toad and slowly stir while you chant you’re sick comments. Well Joan the GI trolls have found your home. Hahaha too funny!

Anonymous said...

Yeah, sick! She hasn't even been charged with a crime and people are going around saying she broke the procurement law and the ethics code. This is America and even the prosecutor is entitled to remain silent and to the presumption of innocence. Perhaps we should treat her better than she would treat us. Perhaps we should forgive her for her trespasses. And maybe, just maybe, look deep into your souls and see the human condition embodied in her tortured soul. Let us join hands and form a circle of forgiveness. You too,Tim, even though she tried to screw you with bogus charges. And you too, Joann, even though she said you're full of . . . yourself. And you too, Kipukai and Mel, even though she screwed you politically by making you run interference at council meetings broadcast on cable and the net. And all you employees, past and present, who got shafted by Shay, get in here. Except you, Jake. You stand over in the dunce corner. You're beyond redemption and you're not very sharp. Let us bow our heads.

Anonymous said...

Poor Shayme, I feel nauseous thinking about how awful all these mean comments must make her feel.


Anonymous said...

Check out the anti drug program is listed front and center - yet perhaps 50% of the county employees are stoned on something or another.

Amazing the hypocrisy of this 'adminstration'.

What a joke.

Joan Conrow said...

OK, last commenter, you have made that point about a dozen or so times. Enough already.

Anonymous said...

I would like to say Great Job to the authorities that shut down the businesses that are fronts for illegal drugs.

Congratulations on a Job Well Done.

We need you to continue the fight against organized crime, there's still many out there.

"Ad Serviendum ac protegendum Kauai"

Anonymous said...

Two EEOC complaints? How many others has the county settled? How many have been filed?

Anonymous said...

Council has heard 12 cases in 2012. That is fairly common, right?