Wednesday, September 19, 2012

Tim Sues Shay and Sheila: Claims Constitutional Rights Violated


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.

Bynum's lawsuit stems from the criminal prosecution, which the complaint says was based on no probable cause, and Iseri-Carvalho's subsequent efforts to stifle his freedom of speech. Earlier this year, Iseri-Carvalho released a letter demanding Bynum be recused from Council discussions about the Prosecutor's office while he was facing criminal charges.

Bynum, “fearful of the Prosecutor's unprincipled ire,” sought an opinion from the county Board of Ethics, which later concluded he did not have a conflict of interest.

The misdemeanor charges were dropped earlier this year after Judge Kathleen Watanabe recused Iseri-Carvalho’s office from the case and appointed special deputy attorney general Richard Minatoya to investigate the matter. He determined the case was unprovable.

Iseri-Carvalho and Miyake are being sued as individuals, and in their official capacity. Other defendants could be added as the lawsuit progresses.

Through the civil action being taken, I look forward to demonstrating how baseless and without merit the actions against me were,” Bynum said in a personal statement released tonight. “More importantly, my hope is that holding these individuals responsible will help prevent abuse of others and ensure that this kind of deliberate mistreatment does not happen again. I look forward to putting these issues behind me so I can focus fully on my family and my responsibilities as a Councilmember.

Bynum is alleging that Iseri-Carvalho and Miyake harbor longstanding personal animosity against him that was heightened by his 2008 vote on the vacation rental bill.

As has previously been reported in this blog, in 2010, Bynum allowed a family friend, Victory Yokotake, to reside at his house, where five years prior he had built a county-permitted addition that included a counter top/bar and sink. Yokotake was assaulted by one of her friends, and the police officer responding to the call “incorrectly characterized the addition … as a separate apartment,” the complaint states.

An unknown person with access to the police report allegedly informed Miyake and Iseri-Carvalho that Bynum was illegally “renting out a portion of his house.” Though Miyake allegedly knew the identity of the person, she treated it as an anonymous complaint. Miyake allegedly stated she pursued the complaint because “Kaipo Asing was asking.”

Bynum's complaint goes on to include an email correspondence between Iseri-Carvalho and former Planning Director Ian Costa, in which she asks if its illegal for Bynum to rent out a portion of his home and is told no — the violation would lie in whether he had installed a second kitchen, which would make it a multi-familly unit rather than a single-family residence.

While Bynum was attending a Council meeting, Miyake and inspector Patrick Henriques allegedly walked through a gate and looked through the windows of his house, where they reportedly saw a rice cooker and refrigerator in the addition.

Miyake told deputy county attorneys Mike Dahilig and Ian Jung what she had done and seen, and they advised her she had engaged in trespassing and a warrantless search, and that the presence of a rice cooker did not constitute a kitchen.

Despite their advice, Miyake went ahead and had Henriques issue a notice of zoning violation to Bynum, the complaint states. She emailed a copy to former County Clerk Peter Nakamura, who reported directly to Asing, with the subject line reading “4 your eyes only.” Bynum did not receive a copy of the notice until a month later.

The complaint alleges that Miyake sent Nakamura the email with the intent that it would be made public and used against Bynum in the election.

The complaint also maintains the planning department failed to properly train its inspectors in search laws and the county zoning ordinance, with Miyake stating that “each inspector has his own kingdom,” and that such determinations are made ad hoc, arbitrarily and in this case, capriciously and maliciously.

It details as well Delaplane's attempt to enlist another deputy prosecutor to surreptitiously solicit information from Yokotake that could be used against Bynum. The action ultimately led to the OPA's office being recused from the case, which opened it up to investigation by an outside source.

Though Bronster , in the press release, stated “I have spoken with Kauai County Attorney, Al Castillo, and he seems to understand the gravity of the situation,” Castillo said he had not seen the complaint and had no comment.

In his written statement, Bynum, who is serving his third term on the Council, said, “I also knew that politics could be tough and at times even ugly.  But I had no idea that I would be the target of major abuses of power planed and perpetrated by County officials for purely political reasons.  This blatant abuse of power has led to the difficult decision to take legal action by filing a civil rights complaint in Federal Court.  These actions by a small group of powerful people led by Prosecutor Shaylene Iseri-Carvalho have had a huge impact on my home, my family and myself.

"Many people on Kauai are coming to the realization that serious wrongdoing by our Prosecutor in a number of areas is truly hurting people, programs, institutions and our community," he continued. " It needs to stop.  Being wrongly charged and labeled a criminal required me to hire attorneys to defend myself.  In the process of clearing my name we have discovered overwhelming evidence of misconduct by Ms. Iseri-Carvalho and her allies.  The complaint we are filing speaks for itself and highlights just some of the evidence of abuse.”

49 comments:

Anonymous said...

Prosecutors will be violated!

Anonymous said...

Tim I commend you for what you are doing, what the power groups on Kauai has to realize is that we are still apart of the USA and Kauai is not a seperate Kingdom. These people have saturated every department on Kauai and that's why the island is so Corrupt. All the victims who have suffered through other crimes these group of gangsters on Kauai have done to protect their not so secret sick society of evilness.

What you are doing is identifying the terrorists that exist on Kauai and the GOB and their militia must be brought down by every US Federal Law enforcement agency. This is gonna be as big as when the FEDS took out the New York Mafia. We are talking about every department of Kauai being infected. All the crimes, unsolved murders, illegal guns, drugs, corruption, and payback retaliation s are tied to the abusive power group of GOB. Andy Parx predicted this in his blog years ago, so the prophecy one day will be realized.

Anonymous said...

Jake taped Sheila for two hours and gave the tape to Bynum?

Anonymous said...

This is the time in History that Kauai needs to unite against the GOB. If Kauai is sick of the criminals getting away with crime because they have connection, if Kauai is sick of unsolved murders, If Kauai is sick of the No bid contracts, if Kauai is sick of abuse of power, if Kauai is sick of a corrupt judicial system, if Kauai is sick of syndicate cops, if Kauai is sick of the militias, if Kauai is tired of all that these criminals in office have gotten away then now is the time to fight against Kauai corruption.

There was a blogger who bragged about these groups having money, power, people in place, connections, and all that they needed to destroy anyone who goes up against the GOB, they even had the audacity to call out the FEDS and show them up that there's nothing the FEDS can or will do for Kauai.

Kauai Unite against the Powers and End the terror reign of the GOB.

Anonymous said...

Hempey, DeCosta, Trask, and the Judge needs to be brought to justice also.

Anonymous said...

Here we go, point the finger at everyone else. Shay and OPA can do no wrong no matter how clear it is. Blame and acuse others of wrong but never accept any responsibility yourself. It's getting old. Its childish and weak.

Anonymous said...

Time for Shay to wind up Charley the Top. He's really gonna earn that hundred grand now.

Anonymous said...

Here's the saddest part: many, i repeat, many will vote for Shay. That's a clear statement on the condition of Kauai. I'll let you decide what that statement is. Tim, thank you for doing the right thing. As a taxpayer, I don't want to fork over money for this but if it means change and the removal of some of the more corrupt politicians then so be it.

Anonymous said...

I predictt Shay will be drinking heavily on flight back from NY

Anonymous said...

this is great news, mahalo tim. if incidents like these continue, who'll stop the reign! (kudos to creedence)

Anonymous said...

Ok, point taken Ms. Bronter, Shay needs to pay out of her own pocket for her stupid mistakes. But being from Third World I gotta say it didn't sit well with me your comments about Third World. And they're not even factual, given the level of corruption in the state and in this country. At the very least you were ignorant, but for sure completely insensitive and the stereotype of a patronizing ugly American.

Anonymous said...

We all pay for Shay!

Anonymous said...

Bronster is respected and powerful.

Anonymous said...

Does anyone still need to be convinced that Shay has got to go?

Elaine Albertson said...

11:39 Anonymous (of course)...

Hempey? Part of the problem? Because he takes on the cases of those who have been violated? Right...thanks for the comment. Sounds like someone who maybe used to work for Hempey, but does not now.

Anonymous said...

Wow! Shaylene's First Deputy Delaplane secretly records a planning department employee and damning statements are preserved for use against Shaylene and others? Is Delaplane undercover for the FBI? Is Delaplane a hero? Or just really dumb?

Anonymous said...

The poor grammar at the 11:39 comment sounds like Shaylene.

Anonymous said...

What's a/the GOB?

Anonymous said...

(GOB) Good Old Boys; a powerful network calling the shots in a community

Anonymous said...

I hope Delaplane is an undercover FBI agent here to take down the GOB.

Anonymous said...

The GOB have a way of blaming everything on the Haole, yet conspiring with rich Haoles to create large projects from which they benefit....not the Island.

Getting rid of the pit bull Shaylene will put a damper on their shenanigans.

I am glad that Tim is suing her. The cancer that she is must be identified via biopsy. Perhaps this litigation is the "biopsy" for all to see and smell.

Dr Shibai

Anonymous said...

strongly recommend you all read the bronster claims cited in joan's excellent report -- it's a clear picture of the depth of the criminality in all this.
btw, if an attorney can tell us if the defendents can be prosecuted criminally for their official illegal actions, that would be great!

Anonymous said...

If Council Chair Asing (legislative branch of government) did push Planning Department Officials (executive branch of government) to pursue Bynum (fellow member of legislative branch), it could be a charter violation. There would criminal penalties.

It would be interesting to see if a new prosecutor would follow up on that.

Anonymous said...

I feel a Halloween costume coming on... think I will go as Delaplane's recording device!

Anonymous said...

"I hope Delaplane is an undercover FBI agent here to take down the GOB."

I'm sure he wishes he was an undercover agent, too, instead of Shay's fall guy.

Anonymous said...

Another Halloween costume idea:
Shaylene holding a Justin Kollar sign and a couple bottles of wine.

Anonymous said...

I am starting to feel sorry for Shayme.

Perhaps......a life changing event to exorcise the evil spirit living inside her?

Got Ayahuasca?

Anonymous said...

All the Victims supports Tim Bynum, the terror must END!

Anonymous said...

Hempey, De Costa and Mauna Kea are the three most handsome defense attorneys on the island, in that order.

Anonymous said...

Shay kept her fingers crossed when she took the oath to uphold the law.

Anonymous said...

Abuse of power, abuse of authority - it's a prevalent practice by the power-that-be in the county. Morale is at all-time low, if you dare to ask and find out for yourself, Joan. Don't just pick on OPA and Shay.

Anonymous said...

There is a cancer in the current administration, more deadly than Shay.

Anonymous said...

More deadly than Shay? Give us some facts.

Anonymous said...

The Planning Department has been a cesspit of racial discrimination, bribes, and bias for years. No one is putting up with this BS any more.

Anonymous said...

How did Sheila get her job? Thank Maryanne Kusaka.

Anonymous said...

Yes but he has strong ties with Shay.

Anonymous said...

Lt Col (ret) US Army MP Anthony Sommers and author of the book KPD Blue who wrote about the corruption on Kauai must be contacted by the FEDS to find out who is his contacts. Thanks to Sommers the deadly secrets of Kauai's Mafia has been exposed. Little Bill and Hop Sing can walk into the sunset knowing the stories will be told.

Anonymous said...

That tape is a head scratcher. What was Jake thinking? Should he be praised for revealing the conspiracy or scorned for participating in it?

Anonymous said...

Didn't the GOB call Sommers crazy and his book was full of lies. This is the same thing that the GOB said about Rolf Bieber and Tim Bynum. This was the same thing that the GOB did to 2 police commissioners during their successful attempt to retaliate against a police chief that wasn't a GOB and to put in place a puppet police chief. There are more than just 1 group of GOBs, they were originally apart of the same team but seperated because of greed and family fueds.

Anonymous said...

Kusaka should be in jail for her crimes.

Anonymous said...

Shay gave the tape and other documents to Minatoya because she thought he would continue to go after Bynum. They were wrong, Instead he acted with integrity and dismissed the baseless case and appropriately turned over the illegally withheld evidence to Bynum's attroney Hempey.

Anonymous said...

That was stupid. Corrupt and stupid. What a combo.

Dawson said...

You can't let up the pressure on the GOB network, even after individual GOBAGs (Good Ol' Boys And Girls) go down. Especially after they go down. Like a cancer in the body of society, individuals cells rise and die, but the mass continues spawning new cells until it is completely removed and the conditions that nurtured its growth are changed.

The growth medium of Kauai's recurring cancers is the decades-old social habit of GOBism: the wink-and-nod network of power mongers and political backscratchers who play power games on the public payroll, combined with the resigned expectation of ordinary folks that "this is the way things are."

In any community, most everyone knows who the GOBAGs are. The residents may think they're benign or cancerous, but they're rarely invisible. Anywhere they grow cancerous, it's where they weren't called out early enough and vigorously enough.

Every time a Shay goes down, a replacement is already feeling the breeze from the power vacuum and imagining how they can fill it. That's the time for the community to send a powerful message that GOBAGS need not apply.

Anonymous said...

It's called the POHAKU and Keiki POHAKU programs to protect and defend the families, friends, and kids of the GOBAGS.

Anonymous said...

"That tape is a head scratcher. What was Jake thinking?"

Seems likely that the tape doesn't say what the Bronstress says it says. Why don't they release the tape? Bet they won't.

Anonymous said...

Why was the tape was withheld by Shay and Jake in the first place? They were supposed to turn it over at the beginning of the case. The AG dismissed it after conducting his own independent evaluation. It should never have been charged in the first place. Shay is going to cost the County a lot of money. She has to go.

Anonymous said...

Aaah the tape mystery. I think the ironic problem is that inexperience lead Prince Jacob to not realize that the tape held exculpatory evidence so he thought Richard the lionhead would just use it to hang Tiny Tim. Not realizing that Richard (and thus Jacob) were obligated to turn it over. Such is the lesson learned as to why under Kauai County Charter young Jacob is not qualified to replace mean Queen Shaylene when Shaylene is removed from office after she wins the election due to all the gullable voters who still plan to vote for her.

Anonymous said...

What Tim is doing is commendable.

GOTTA RE-ELECT TIM BYNUM.

Anonymous said...

Gotta love how one of our ELECTED officials, who is supposed to protect the interests of the PEOPLE of Kauai, has agreed to a settlement of 250k from the County in a lawsuit he has filed. I wonder who is gonna have to foot that bill...

http://www.hawaiinewsnow.com/story/24835632/exclusive-kauai-to-pay-more-than-250k-to-settle-wrongful-prosecution-case