And Prosecutor Shaylene Iseri-Carvalho asked the Hawaii Supreme Court to remove Judge Kathleen Watanabe from the Darren Galas murder case, and sanction her for alleged improper conduct.
Ironically, the two events are linked. The mayor's action — taken in response to an officer who felt Perry had ignored her harassment complaints — had a profound domino effect. It drove a wedge between KPD brass, with two top officers still out on leave. It also caused a rift between the chief and deputy county attorney Justin Kollar, who is running for prosecutor. This led to Perry and Prosecutor Shaylene Iseri-Carvalho forming a political alliance.
One result of that alliance was last Friday's arrest of Galas in the highly publicized “Never Forget Sandy G” murder.
Now court documents are making it increasingly clear that Shay took extraordinary steps to get the Galas murder case to the Grand Jury before the election, and lied about Judge Watanabe to the state's highest court.
In her response to Shay's request for a writ of mandamus, which I reported on yesterday, Judge Watanabe says that Shay convened a grand jury session on Friday, without the court's prior approval. She also disputes many of the allegations that Shay and her first deputy, Jake Delaplane, made about the circumstances related to the Grand Jury's return. The state attorney general, representing the judge, argues Shay is not legally entitled to the writ.
Jonathan Chun, grand jury counsel, filed a declaration that backs up Judge Watanabe. He also outlines how Shay unilaterally decided to bring the grand jury in on Friday, and was repeatedly warned of time constraints by both the judge and jurors, but still pushed the proceedings too late.
Meanwhile, Shay stirred the pot further today, filing additional documents with the high court asking for Watanabe's recusal and claiming she and her staff had engaged in judicial misconduct.
The high court yesterday ordered Judge Watanabe to hold a hearing to receive the grand jury's return, but gave her two days to respond to Shay's request for the writ. Shay claims the judge used Monday afternoon's hearing to subject her to 15 minutes of “lambasting” in “retaliation” for filing the writ:
Judge Watanabe further called the integrity and veracity of the Prosecutor and her staff into question by suggesting that there were “misrepresentations and clear untruths” contained within the Petition for Writ of Mandamus, without detailing the substance or nature of these alleged lies or giving the Prosecutor an opportunity to respond. It appeared, from the repeated nature of Judge Watanabe’s attacks, that the purpose of the open session had transformed into a forum by which Judge Watanabe was attempting to harass, embarrass, and retaliate against the Prosecutor for filing the Petition for Writ of Mandamus.”
Oh, poor little Shay-Shay. She turns the judiciary upside down with her highly-politicized, drama queen antics, potentially jeopardizing a murder trial, and then cries about getting scolded by the judge she's just burned. What, Shay, you didn't think you'd ever run into Kathleen again?
You'll love this, a classic case of Shay calling the kettle black:
Judge Watanabe’s statements were shocking, improper, and devoid of qualities that promote public confidence in the integrity and impartiality of the judiciary.
Unbelievably, Shay also tries to make like Judge Watanabe revealed Galas as the subject of the grand jury investigation. Uh, Shay, what about those two press releases — one from you and an identical one from KPD — announcing Galas' arrest? Seems you should have held off on the publicity because it doesn't take a genius to figure out the guy in jail on $1 million dollar bail was the grand jury focus. Not to mention you made it pretty darn clear in your writ of mandamus, which is a public document available on line.
But Shay wants more than just to have the judge recused and sanctioned. She also wants the state Supreme Court to initiate an investigation into the supposedly improper comments that the judge's staff supposedly made to me in yesterday's post, and prohibit the judge and her staff from making any further statements.
One can only wonder what the Justices will be thinking as they read these documents and realize they've been sucked into Shay's sandbox. One can only hope that they will censor Shay and Jake for their unethical conduct in politicizing a murder trial and trying to discredit a highly reputable Circuit Court judge.
Or who knows. Now that Bernard clearly has the legal authority to suspend department heads, maybe he'll step in and remove Shay and Jake before they can do further damage. Wouldn't that be interesting.
Finally, I asked Chief Perry if he had a comment on the ruling, and he replied: “As you know, there is an appeal process so if you don't mind, I would like for the Police Commission to explore that avenue before commenting on the judge's decision."
Eh, Chief, just get your wife to comment for you.
I find it pretty interesting that Shaylene went the grand jury route to obtain the arrest warrant for Galas. She could have gone through the preliminary hearing or even filed an information charge (which allows for written, rather than live testimony and is much cheaper, refuting one of her arguments). The problem with the other alternatives are that both require a judge to make a determination for probable cause. The grand jury can be manipulated, especially on this island where everyone knows the Sandy G case. As Mike Green, Galas' lawyer has said, "you can indict a coconut in this state."
Mike Green is a fantastic trial attorney. Shay better be damn sure she wins this case -- could you imagine if she gets voted in again and then loses this? She won't be a prosecutor four years from now, that's for sure.
I'm also curious what Valenciano thinks about all this. He's the chief judge. What does he think about the county prosecutor and another judge going to war? Is Shay going to try and get Watanabe recused from EVERY case she's involved in? Will Valenciano have to take every felony case from now on?
What happens now if Kollar gets elected and the case is terrible? Does Shay show up four years from now and claim it's his fault and she could've won?
What a mess.
You love me don't you...seems like you can't stop thinking about me...burns you that I am smarter than you doesn't it?....
Thank you Joan for a very well written and ACCURATE reflection of what is happening. If only Tom Laventure had half of the journalistic know-how that you do as far as researching and discerning facts from opinions/lies, perhaps more people would see what is really going on. It is just a matter of time before Shaylene's latest antics are seen for what they really are . . .which is her latest ploy to malign her current target, Judge Watanabe. Judge Watanabe has responded to her attack as best as she could, with poise and cautious, well-thought out, and truthful response. Shaylene's attempt to improve her reputation right before the election by using the Galas case is actually backfiring right in her face as more and more of the truths are revealed. Rather than looking like a murder-solving hero, we see her for the melodramatic and dishonest person that she really is.
So now bernard is god
Commissions are empowered to hire and fire WITH Mayor approval.......the commissioners get appointed by Mayor and approved by Council...........The Mayor oversteps when he unilaterally dismisses a commission based department
They couldn't present the case on Thursday and took six plus hours on Friday after saying they would only take three. Six hours is a looooong time to present a case to the grand jury. There's no judge and no defense attorney. The prosecutor picks all the witnesses and asks all the questions. Did they make the grand jury and the court wait around for a few hours while they got their act together or did they spend six hours establishing probable cause? Either way, they appear to be clueless. And they're complaining about the judge? Unlike most of the men who cower before her or kowtow to her, Shay has big balls.
A quote from Charley Foster's Blog:
"Just in time for a quick lunch time iphone post" .....accounting for his blog time vs county time. Spin, Spin, Spin!
Isn't blogging what he gets paid for? You didn't see his name on the writ even though he's the appellate attorney.
With all due respect to Valenciano, I think this ruling is in error and will be reversed on appeal...which I hope the Commission pursues. The Charter is clear in its wording and intent...unless the reader skipped high school English. The Mayor having absolute control over law enforcement is NOT a good thing.
I had to chuckle at the "you can indict a coconut in Hawai'i" because I've heard the same phrase from several quality attorneys.
Hopefully Kollar will win, and then have the chance to perhaps clean up the mess.
It is true that there are people in the OPA and KPD that have sold their soul to the devil. Make deals with death and death becomes you. It is sad to see that it was Shay who caused the seperation of leaders within KPD. How many employees under shay either quit or had been fired because they would not sell their souls. I think the number is around 10 -12 and they are all voting for Justin. Hows that!
And Al Castillo is proven right! Time to get your wife to make another radio ad.
And ShayCo. is now calling judges liars too..
GET THEM BOTH OUT!!!!
Wanna bet the Supreme Court issues a sanction order just in time for election?
Get the hell out of the Prosecutor's Office first, and then loose your license to practice law for all your evil doings...my two wishes to Santa Claus this Christmas! But I'm asking Santa to deliver my presents a month and a few days early. Please Santa, I've been a good boy- And NO, I'm not Bernard, Tim, or Al, but don't beat your brains over trying to figure me out ok?
If this County Council gives that Chief one red cent to Chief to file an appeal we need to vote out every single one of them. Our council needs to grow some spine and STOP letting our tax money be used a personal funding for grudge wars of small minded people.
Who cares (besides chief and his wife) whether police commission or mayor can suspend the chief ?
We have a ruling now lets move on.
The Chief is a cry baby! We sure would like to see him and the Shay go down the river enough of costing us taxpayers money ! GET THEM OUT NOW KAUAI.....
Joan, you're smack dab in the middle of this shit storm. Shay and Jake have made your conversation with the court staff one of the main allegations of misconduct against Judge Watanabe. Wow! Gonzo journalism?
I tried to tell you all that you can't trust these people for their political games are to please the good ol Boys and gals. I believe that Gary Hooser called the FBI to investigate these fools and what became of it was more cover ups by the syndicates in office. I know I am marked for death by retaliation but I am willing to sacrifice my life to save Kauai and the people from this reign of terror. None of these top officials are free from guilt for they will use any and everyone in collusion to get you back by any means and at any cost. It was easy to expose some of the original gangstas when Shay and her minions made their push to gain public trust by announcing that they would be having neighborhood meetings. The pohaku program even though information has been witheld by the PA has been exposed as a criminal heiau. Crime has risen out of control on Kauai because we have evil people in our public offices. These people belong to a organized crime group that believes that they are hidden in darkness by their not so secret society. If elected will Gary Hooser and fellow council members call upon our Governments federal task forces to End the corruption on Kauai.
the sad truth is that the system is so corrupt we can't even tell the good guys & gals from the bad ones. bernard & crew are highly suspect w/justin's boss the sleaziest of the CA's in recent years. justin is so far in debt to his bosses that the puppet strings are embossed w/$lime from the GOB machine. shay has dug such a deep whole that even the local sheeple may not be able to retrieve her. the anyone but shay vote may decide this but i'm skeptical of that and think the dickie and ross fans will turn the tide for her return to office. the great white hope that justin supporters wish for may not materialize unless he wants to grow a spine and some cajones to buck up against machine that Bernie & Al represent.
You guys don't really believe that we didn't know what Adam was doing and why he did it. I guess the trip was a reward for his role but don't you guys think that we really did not know your involvement and how it was gonna be played out. You all made it obvious and easy to identify.
Joan you are way off target. You are bringing a basketball to a football game. Too funny
What the True Shayme is.....
The people who are voting for her....have NO IDEA what is going on.
It's a good thing they arrested this guy but more importantly, they were able to write two press releases in time for the Sunday paper.
Ross fans- Bullshit! Where is the last county council candidate forum meeting that was held in Princeville? Hoike promised it was going to be shown before the General! That's another bullshit story, Ross Kagawa looked like an ass in front of the people, especially about the question where he said he didn't know what the question was pertaining to, What the hell is so hard to understand, "What words of wisdom would you provide a parent whose child was bullied from a teacher, (from a teachers perspective, being that he is one) and also with the understanding by ALL that there are NO LAWS (HAR OR HRS) that supports students from teachers who bully. He responded that he didn't understand the question, is he ignorant? Watch how the guy talks, and make your own judgement call. he knew exactly who that question came from and why that question was asked! He later called the parent out with raising two hands up and gesturing "What". It was after the forum that he walked up to that same parent, whose child he bullied, and threatened to get him outside of the school setting, and tried to take her hand and apologize for what he did to her son. Now that's bullshit! And everyone was there to witness it all! Well good for that parent, she spoke on behalf of her son, who is currently attending school in Arizona, and she assured him, in so many words, that this is not over, that not only will she pursue justice for her son, but will make sure that by his example more publicity of this will be made to create a law that will hold these teachers who act in this fashion, ACCOUNTABLE! He even to this woman, amongst other desparate suggestions, said that he would be able to help her son, he would get him whatever kind of job he wants, get that one! Of which the mother to this child said, "if and when her son returns from school, he would get employment on his own good merits, and she or he didn't need any f...ing favors! The people at that forum who was in the room heard it all! And that ain't a lie! For those who were only an earshot away, they were blowing up other peoples text asking what was that all about. Right Mel? And when Ross found out, by following the family out into the parking lot that he couldn't do anything to change the families mind, he got in his car and left, how else was he going to explain it to the people, as to why this incident took place in the middle of the building, for everyone to see and hear- Vote for Ross Kagawa? I think not!
I'm just adding prayers that shay will go back to the private sector after the election,
and get out of our purse, and our hair, and our theater.
The year in review. Shay vs. Humane Society. Shay tries to teach the HS her retention policy for employees that disagree with her sober decision making. Pohaku. Shay enters into a verbal agreement with a Nevada corporation to provide Hawaiian cultural values to defendants who can fork over $200 to the Nevada cultural practitioners. Apparently Shay verbally agreed to drop charges too. Who knows what she agreed to. Shay's deputy, proving that aloha knows no racial or ethnic boundary, agrees to act as the company's agent for service of process, which is normally provided for a fee. Shay v. Bynum. Jake revealed. Really? He's the first deputy? That alone should convince you to vote for Justin. Shay v. Teen Court. What can you say? She loves kids, but only if they choose Keiki Pohaku. Now, Shay v. Judge Watanabe. Hey, I would want everything on the record and in writing if I was a judge dealing with those two. Especially when something smells fishy. Shay v. Taxpayer dollars. Who can tell? Excessive salaries, travel, per diem, use of county car and gas for commuting, lawsuits, settlements, Shay and Jake spending countless hours doing everything but legal work, etc.
You forgot that they just went to a forensic conference and all of a sudden they solve a murder case that's six years covered up. Unbelievable!!!!!!!!!! Together they can fool all you all! But none of us!
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