Wednesday, December 5, 2012

High Court Orders New Trial for Mundon

The Hawaii Supreme Court today ordered a new trial for James Mundon after determining that former Prosecutor Shaylene Iseri-Carvalho had improperly used evidence to convict him of kidnapping and attempted sexual assault.

It was the one case that Shay took to trial during her four-year term, which ended Monday.

This will be Mundon's third trial on charges stemming from a February 2004 attack on a Canadian visitor. He was acquitted of 23 counts in his first trial, and successfully argued that those acts should not have been used in securing his conviction on five counts in the second trial.

The judges did uphold convictions on two counts of third degree assault, but ordered the Circuit Court to hold a new sentencing hearing. Mundon has been representing himself through these proceedings. The appeal was unsuccessfully argued by former deputy prosecutor Charley Foster, who was fired by incoming Prosecutor Justin Kollar.

In a second slap-down, the high court yesterday rejected Shay's Oct. 30 request to have Judge Kathleen Watanabe recused from presiding over the trial of Darren Galas, who is charged with murdering his wife Sandy. 

Shay also failed in her bid to have Watanabe sanctioned for judicial misconduct. Shay claimed the judge's staff had improperly provided me with information — they hadn't — and that Kathleen had both lambasted Shay in open court and questioned the integrity of Shay and her staff.

In their order, the Justices said that Shay had other means for seeking relief, and that the writ of mandamus she had sought was “an extraordinary remedy.”

Wonder how much Shay's display of pique cost the taxpayers....


Anonymous said...

I voted for Justin, and even though he retained and re-hired virtually all of Shay's old picks, I think he'll be a brilliant administrator.

Anonymous said...

As I said before, we will be paying for Shay for many, many years! Her retirement $ would not even come close to covering the cost of her illegal actions. Bur maybe the county should consider going after her retirement $ as partial restitution?

Anonymous said...

10:22 --- he got rid of jake and Charley the worst of the lot

Anonymous said...

10:22 PM, my conclusion as well, we will be paying for Shay's & Jake's damages for years to come.

About families that have been irreparably impacting? What about these victims?

Justin Kollar? We'll see. I don't like canned responses. Gets my radar up.

Let's see what happens with the Moore homicide case. And, to the repeated comment from Kollar that he is "humble"...Don't most humble people choose not to tell people they are humble?


Let's see what Kollar produces. That's all I want to know--his performance. Leave the "humble pie" out of the mix, and just get to work.

Anonymous said...

And all that talk about Justin being the Mayor and Al's "boy", well, hope that's all it is. We'll see if he's independent.

irk said...

A small town prosecuting attorney called his first witness to the stand in a trial--a former reporter. He approached her and asked, "Ms. Conrow, do you know me?"

She responded, "Why, yes, I do know you Mr. Redacted. I've researched your past. And frankly, you've been a big disappointment to me. You lie, you cheat on your wife, you manipulate people and talk about them behind their backs. You think you're a rising big shot when you haven't the brains to realize you never will amount to anything more than a two-bit paper pusher. Yes, I know you."

The lawyer was stunned. Not knowing what else to do he pointed across the room and asked, "Ms. Conrow, do you know the defense attorney?"

She again replied, "Why, yes I do. I've known Mr. Bradley since he was a youngster, too. I used to baby-sit him for his parents. And he, too, has been a real disappointment to me. He's lazy, bigoted, he has a drinking problem. The man can't build a normal relationship with anyone and his law practice is one of the shoddiest in the entire state. Yes, I know him."

At this point, the judge rapped the courtroom to silence and called both counselors to the bench. In a very quiet voice, she said with menace, "If either of you asks her if she knows me, you'll be in jail for contempt of court in a heart beat!"

Anonymous said...

Dec 6th 8:25 pm

The Judge is none other than Kauai's own Valcoruptiano!

Anonymous said...

Judge Valenciano? What about Judge Trudy Senda too? God help us if Valenciano succeeds in getting Judge Senda the top spot when he leaves. He will try.

Did anyone read the TGI, Friday, 7th, Letter to the Editor from Gilbert Norbrega, titled "Valenciano should have excused himself."

Gilbert hits the nail on the head. Judge Valenciano should have recused himself from this case where Janine Rapozoa was named Defendant. Read why in Gilbert's letter. He's got the inside story.
Thank you Gilbert for this LTE.

Janine is the wife of Lenny Rapozo, who is Mayor Bernard Carvalho's closest friend, campaign manager, and given prized employment with the County--thanks to Bernard.

As if it can't get any worse, Bernard gives dismissed Chief Court Administrator who was found guilty of sexual harassment (evidence in emails to female court staff) other prized County position--Admin. of Finance.

Two Chief Court Administrators booted-out for judicial misconduct in less than one 1.5 years apart. And, these State of HI employees are suppose to be lawmakers? Kauai Courts have the worst reputation of all Courts in HI.

In spite of gross misconduct, the Mayor has his friends and family sitting pretty--a bright financial future ahead.

All the while, as Gilbert writes, people are afraid of the Mayor. Gilbert got a jab in his chest by the Mayor. The Mayor is a bully. People are afraid of the Courts and the thugs the Courts protect, too.

Now, why is Kollar so cozy with this Mayor?

Anonymous said...

How did you all think the serial killer on Kauai got away with what he did. He was connected and in the pohaku program before the OPA created a pohaku program. The families that are linked to the powers are well known and it's about time some of you all are paying attention to who and what they are connected to. Kauai's mafia is a terrorists organization that exists only because the people on Kauai let them or maybe its because many are related to these wanna be gangstas.