Friday, February 21, 2014

Musings: Truth vs "Truth"

A resolution of Councilman Tim Bynum's civil rights lawsuit against the county has hit a snag, with defeated Prosecutor Shaylene Iseri refusing to settle.

In September 2012, Tim sued Shay and planning inspector Sheila Miyake in both their professional and personal capacities, as well as the county, claiming false and malicious prosecution of zoning violations.

After burning through $500,000 in legal fees, the county reached its insurance deductible and the carrier took over, which means it assumed full control of the case in all its aspects. Though several motions are pending, including a request for summary judgment to dismiss the case, the insurance carrier moved to immediately settle. Everyone agreed — except Shay in her personal capacity.

Instead, her personal attorney, Rich Wilson, told a federal judge that Shay's career as a prosecutor was ruined by Bynum's “frivolous” lawsuit, and she must be allowed to go to court to vindicate her reputation. The judge has set a meeting for next week.

Curiously, Wilson is simultaneously arguing, on behalf of another client, that the mayor must resign and never run for another office because he violated state law by “pleading the fifth” during an auditor's inquiry into use of a county fuel card. However, Shay also pled the fifth while in office, refusing to answer the County Council's questions about procurement irregularities related to her POHAKU program.

So if you follow Wilson's line of reasoning, it appears Shay's career as a prosecutor and politician would be over in any case.

But neither that, nor the fact that the County Council no longer has any say in the case, prevented Shay and Wilson from appearing at yesterday's televised Council meeting to bash County Attorney Al Castillo.

Council Chair Jay Furfaro displayed his usual gutlessness in dealing with Shay, allowing her to go well beyond her allotted six minutes of testimony and present, unchallenged, a power point titled “county attorney's insurance scam.” Each slide bore a heading that asserted Al had “violated his fiduciary duties to COK and our people by acting against the county's best interests.”

Shay and Wilson claimed Al had “overspent” on legal fees to get the case to the insurance company and asked the Council to conduct an investigation. Wilson said the county invited more litigation by settling actions it “could win.” It's like “painting a big bullseye on the back of the county,” he said. Wilson, however, has apparently managed to hit that “big bullseye” only once, though he's sued the county numerous times.

Both Shay and Wilson contended that Al had compromised the process by being in cahoots with Tim's attorneys. They referenced a Sept. 19, 2012 press release in which Tim's attorney, Margery Bronster, claimed:

I have spoken with Kauai County Attorney, Al Castillo, and he seems to understand the gravity of the situation.

I remember getting that press release, which included Al's phone number and a sentence about how he was open to media calls, which is highly unusual. But when I immediately contacted Al, he was obviously stunned by Margery's assertion. As I previously reported, Al said he had not read the complaint and had no comment.

Wilson ended his pitch to the TV cameras Council by saying, “Isn't the truth worth any expense?”

It's important to note that “the truth” they're seeking is not a determination of whether Shay engaged in political retribution, but rather if she had immunity, as prosecutor, from being sued. 

Since Wilson is so keen to have the county spend more of the taxpayers' money to get at “the truth” about his client, perhaps we should start by ferreting out the facts as they pertain to POHAKU, her prosecutorial procurement practices and her alleged improper use of both a county vehicle and county gas.

While we're on the topic of truly sucky politics, it's so disappointing to learn that Gov. Abercrombie apparently plans to give PUC Chair Mina Morita the heave-ho. Mina, who has repeatedly demonstrated her integrity and concern for the public as both a legislator and a policy-maker, has properly scrutinized biofuel projects that advance the governor's “renewable energy” initiative but don't make economic sense.

The only good thing that could come from her leaving the PUC would be her possible return to Kauai politics, where she would be welcomed, and a shoo-in for either Council or the state House.

Abercrombie has repeatedly shown himself to be a foe of the environmental community, though he makes fake "concessions," like nominating Circuit Judge Mike Wilson — former director of the Board of Land and Natural Resources — to the Hawaii Supreme Court. 

With that nomination, the guv is essentially saying to conservationists, “If you can get your complaints to the high court, you'll probably prevail. But since that's expensive, time-consuming and very hard to do, I've got years to screw over the environment in the meantime.”

44 comments:

Anonymous said...

Mina for Council!

Anonymous said...

Mina for Governor . . .

Anonymous said...

Well, you'd have Mina, gracious, thoughtful, sincere and ethical. Then you'd have Shaylene.

Anonymous said...

mina for mayor!

Anonymous said...

Your head must be ready to explode Joan- who do you hate more: Tim or Shay?

Joan Conrow said...

I don't hate either one -- or anyone.

Anonymous said...

Mina for anything she wants -- as long as she's representing Kaua`i, please!

Anonymous said...

Let's get rid of Abner Crumby!

He does not know how to treat a good woman like Mina.





Zero Seven

Anonymous said...

I just watched yesterday's meeting on the webcast. Joan, I think you should explore the possible corruption of Al Castillo. I'm not a fan of Shay either, but it sure looks like Al may have acted inappropriately as the County Attorney. In addition, he was the one that advised the Mayor and others to plead the 5th during an audit. I think it is worth looking into.

Anonymous said...

I watched the webcast too. Vintage Shay performance. Accuse people of unethical behavior when she can't even answer questions about her agreement with Strategic Justice and what kind of consideration she got for appearing on their website or funneling defendants into their program. If her reason for going to trial is to establish that she has immunity for screwing with Bynum and not whether she acted properly, then why waste the time and money. It won't vindicate her, it will just say that she can't be sued no matter what she did. Huge difference. If that's the case, good for the insurance company for stopping the drain on our taxpayer dollars just to satisfy her ego.

Anonymous said...

Did Richard Wilson violate this rule by communicating with the Council when he knew they were represented by counsel:

Rule 4.2. COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL.

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

Anonymous said...

Do not underestimate Shay or her lawyer

Anonymous said...

Yes, because the rules don't apply to their conduct. Tim learned that the hard way.

Anonymous said...

I appreciate Joan staying on this because if she runs for Council she must. be. stopped.

Anonymous said...

Racism, corruption, petty vindictiveness. And we get to pay and pay and pay for it.

Anonymous said...

Anonymous said...
I appreciate Joan staying on this because if she runs for Council she must. be. stopped.

February 21, 2014 at 8:00 PM

I agree. Shayme must never hold another public office hostage.

Anonymous said...

I have heard that Shayme may want to run for office again. How soon we forget how much she has cost this county.

Anonymous said...

she wants to waste more taxpayer dollars on top of the hundreds of thousands she already cost us? And the council was going to go along with her until the insurance company stepped in? They're all irresponsible and can't be trusted to make decisions on our behalf.

Anonymous said...

Except Tim, he may not always get it right but he is sincere. They just chew him up, politics is rough on an honest man.

Anonymous said...

If Mike Wilson writes good decisions for environmentalists or influences other justices in crafting their opinions, it will help at all levels of advocacy.

Anonymous said...

I have this to say to Mr. Richard Wilson: If you think Shaylene is so great, PLEASE take her back to Honolulu with you. Let her spend your real property tax dollars, not ours. Easy for you to sit there with her when you aren't paying for her.

Anonymous said...

11:58 right on!

Anonymous said...

Tim's self- enriching lawsuit has cost the County 500K to date and then the insurance company will give him another 600K or more just to settle. Going to court is very risky for any insurance company. Ya never know what a darn local jury will do.
Plus his manipulation on the GMO/herbicide law will cost the County millions.
He was not damaged by a slightly overzealous enforcement of his illegal rental Remember, he has in the past encouraged neighbors in the public to turn in suspected illegal grading, building or TVRs to County Planning. All he had to do was say "stop the lawsuit" and pau, lawsuit over.
Tim, personally sued the County, Tim is the client and with his insider knowledge of how the County handles lawsuits and the AMOUNTS they have paid in the past was assured of a big payday. He knows the methods, the payouts and the complete lack of intellect of CA, Alfred Castillo.
If Shaylene runs for Council, she will be elected, hands down.

Anonymous said...

Crooks, adulterers, drunks and hypocrites have all held office. Some of them were all four rolled into one. So anything is possible in politics.

Anonymous said...

7:26 you got it right

Anonymous said...

I have a dog and I vote... Changed to read:

I would rather vote for my dog than Shaylene.

Anonymous said...

I enjoy waking up in the morning, and over a cup of Kona I'll read your blog. I find it very informative There is simply no reason for the board to set rates higher than cost. I do a cross reference regarding accuracies with The Garden Island, and the Star with what I know to be true.

This blog will become and is already starting to be a rant & rave rather than a blog. During an election year, the individuals that post on your blog with true substance will be overshadowed with racist and nasty personal attacks by a few. Everyone is entitled to an opinion and the truth MUST be heard. Based on my imperial observation and anecdotal evidence, it was these kind of posts that wreaked havoc on your blog and almost caused it's demise a year and a half ago.

I am a fact based individual and believe your ability to follow the facts is extraordinary. As a side note,"Let's keep Kauai a happy and civil place to live."

Anonymous said...

Speaking the truth and voicing your opinion is one thing. Name calling well...... isn't necessary. We get the drift.

Anonymous said...

Do you remember this from Kauai Eclectic:

http://kauaieclectic.blogspot.com/2012/09/musings-political-paraphernalia.html

Invoices obtained under a public records request contradict a special counsel's opinion on the POHAKU program and raise new questions about Prosecutor Shaylene Iseri-Carvalho's use of county funds.

The documents show the Office of Prosecuting Attorney (OPA) spent some $9,500 on thousands of tote bags, shopping bags, super-sized clips, wristbands, banners, rally fans, decals, pens, brochures and other promotional paraphernalia for the POHAKU program, which had just 50 participants.

Many of the items are orange and black — the color theme of Iseri-Carvalho's campaign — and some bear her photo. Others carry the OPA seal. The items have been distributed at the county fair and various public events.

Just the facts.

Anonymous said...

I have read the blog dated 09/2012. The prosecutor in office at that time could have favored promotional purchases for her program. The promoted program as stated to me was an excellent program for first time offenders. So trinkets were purchased to support the program. The color of the items have absolutely no relevance. Though at the least I would call it tacky. You could also argue that it was borderline ethical, but that would be a moot cause being that the previous (unelected) prosecutor no longer holds that office.

I think Joan has also answered the civil issue in her 2/20/2014 blog.

Anonymous said...

Yes, it was just a coincidence that she spent $9500 of the taxpayers money promoting a program where the clients would be available no matter what she did. The defendants were being funneled into the program by her deputies, why spend $9500 on black and orange promotional material? Reeks like a dead fish.

Anonymous said...

Not everything legal smells like a rose.

Anonymous said...

This was anything but legal.

Anonymous said...

It's a matter of opinion.

Anonymous said...

Shay must agree that it's illegal. She took the fifth when the council tried to ask her about Pohaku.

Anonymous said...

Shay must agree that it's illegal. She took the fifth when the council tried to ask her about Pohaku.

Anonymous said...

It's still a matter of opinion. Pleading the 5th doesn't mean you're guilty. You are guilty when the courts say so. So get over your necromancer attitude. Too funny!

Anonymous said...

Right, the sitting prosecutor may not have had the requisite skill to determine if she committed a crime so she erred on the side of caution and pled the fifth. What's the big deal when the person who is supposed to enforce the law asks for a lawyer?

Anonymous said...

My exact point,

So why does the County Attny ask for legal council and an outside Attny for every single case. We have not seen a case go to trial ever.

And what you are alluding to is when the prosecutor seeks legal council just once she is guilty of a crime.

When in doubt plead the fifth and seek unbiased council.

Is that illegal.

BORING!!!

Anonymous said...

Not illegal but telling. When has a prosecutor pled the fifth before? What did she have to hide? Boring if corruption doesn't bother you, which also says a lot.

Anonymous said...

This's is going right over your head my friend

"You say not illegal but just telling". If it's not illegal how can it be corrupt?

Oh yeah and there is always a first time for everything, if not we wouldn't have purified water. Too funny!

Anonymous said...

Sorry for being unclear. Taking the fifth isn't illegal. But often people take the fifth because they don't want to talk about illegal activities. And when the chief judicial law enforcement official for the county takes the fifth what is she hiding? Must be serious.

Anonymous said...

Pure speculation. Holds no water!

Anonymous said...

Some don't mind a prosecutor taking the fifth. Most find it troubling. Lets speculate about what she's hiding! I'll go first. Maybe she was getting paid by Strategic Justice.