Friday, July 1, 2016

Musings: Chief Perry Vindicated

It's taken more than four years, but an appeals court has vindicated Kauai Police Chief Darryl Perry, ruling that Mayor Bernard Carvalho Jr. had no authority to suspend him in February 2012.

The seven-day suspension, which was publicized throughout the state, was a blot on Perry's otherwise stellar professional record.

It also created a cascading domino effect among KPD personnel that tarnished several careers and most recently manifested in Assistant Chief Mark Begley's discrimination and retaliation suit against KPD and the county.

Following the suspension, the Kauai police commission unanimously voted to reinstate the Chief. But Carvalho refused to allow him to return to work, resulting in a humiliating showdown at KPD, when Begley thrice refused Perry's direct order to return his badge and gun.

When Perry finally returned to work, he attempted to take action against Begley for insubordination. Begley then took medical leave, and has never returned to work. The mayor said police commissioners had to determine who had authority to suspend the chief before dealing with Begley's insubordination complaint.

Commissioners went to court, arguing that only they had authority under the county charter to hire, fire and discipline the chief. Circuit Judge Randal Valenciano, a former Kauai County Councilman, ruled that the mayor, as the county's chief executive officer, had power over all departments.

Commissioners then appealed that ruling to the Intermediate Court of Appeals. The ICA noted in its ruling that the charter does not explicitly provide an answer, and both sides made good arguments.

But the ICA ultimately determined that the commission's power to discipline the chief is implied in its sole authority to hire and fire him. It cited a Massachusetts court ruling that had determined “it would be strange indeed” if an entity had only the authority to remove, but not impose a lesser punishment. 

The ICA also noted that the Charter gives the mayor a voice, but no vote, in the commission's proceedings.

So will the chief sue the county for wrongful suspension? Will the mayor publicly apologize to the chief for dragging his name through the mud and causing him to lose face at KPD? And how will this ruling affect Begley's case? 

All that remains to be seen, but the chief did issue this statement:

"I am thankful to the Kauai Police Commission for appealing Judge Valenciano’s decision and grateful that the Intermediate Court of Appeals reviewed all of the facts and came to the right conclusion that the Mayor had no authority to do what he did.  With this decision, all of the police commissions and Mayors throughout the State will have clear guidelines with respect to their lawful authority."


Anonymous said...

Suing for wrongful suspension when it took an appeals court to figure out the rules would be far fetched. The Supreme Court can still reverse again.

Anonymous said...

I'm happy for Chief Perry. This was clearly an abuse of power by the Mayor. I hope the Chief sues and get compensated for all the hell that the Mayor caused for him. Kudos to the Commission for standing up for what was right, and not being the henchmen for the Mayor. I wonder what the Mayor will say now? I hope an apology is the first thing out of his mouth.

Anonymous said...

How can the State of Hawaii call this a justice system where it takes FOUR YEARS for the Appeals Court to do anything?

Anonymous said...

As a former commissioner, I told them so.

Anonymous said...

Begley should have been fired on the spot.
The hierarchy of command is simple. The Chief is the Chief. He is the boss. In a para-military style of organization when subordinates take orders outside of the chain of command it puts all of us at risk.
The Police have a tough job. Over the years, especially under Chief Perry the KPD has become more professional.
We must support KPD and its officers. Just think 1.2 million visitors, 60,0000 residents, the entire island relying on these visitor dollars and the harmony and safety relying on the the protection of KPD.
It really is a thin Blue Line.
The Cops do a good job. The Prosecutor only takes the easy cases, but we still are a safe and thriving island.
The Mayor made a mistake. The Council should sanction the Mayor and force him to make a "public apology" to Chief Perry. Make an apology Mayor. Simple -- We all make mistakes.
“Nearly all men can stand adversity, but if you want to test a man's character, give him power.”

Anonymous said...

KPD more professional?? Gang stalking and using their slaves to do their job. Kauai Syndicate Pig Mafia is a joke.

KPD is the most corrupt dept in the state of Hawaii and possibly the United States.

If Asher doesn't get quit/fired/retired for the sexual harassment then people have to wonder what kind of outside power he has.

Look over the years of how many KPD officers have been forced to quit/fired/retired to cover up their shameful reputation.

Begley was nearly killed by a dirty vice pig. The 3 headed BEAST in vice are retired but their torments are historical. This new 3 headed BEAT that serves as KPD's top brass is just as despicable.

KPD still has ongoing sexual harassment suits, suits by Henry Barriga, Begley, and citizens. This unaccredited dept is inept.

The police commission fired Charles Faulk Jr as police commissioner for giving Perry a "B" grade in his annual assessment. Perry has failed for over 8 years to get KPD accredited. Asher and Cuntrades are gangster wannabes just like Kenneth Cuntmmings.

How many years and dirty pigs have they used to set me up and frame me?

I'm still here standing!!! You dirty pig bitches can't get rid of me like K Pinkerton or A Sommers.


Anonymous said...

You can't fire a police commissioner. They're apppointed by the mayor. If you think KPD is the most corrupt in Hawaii and maybe the US you really need to get out more.

Anonymous said...

Is that you Dustin?

Anonymous said...

Gang stalking by the dirty KPD pigs is real.

You people want pictures and videos of dirty pigs gang stalking?

I have many and I also have vehicle info: CYMBLS.

Dirty pigs want to put a green light and BOLO me. That's fine, I need more witnesses and evidence to secure federal indictments.

Fuck all you all and your families: suffer a slow painful death like your former dirty pig and police commissioner.

Run tell that you Hooh ass trick dirty pigs.

Hollywood made a movie for me:
Mission Impossible-Syndicates

They made a video game: Assassins Creed: Syndicates

President Obama signed a bill: Colleges need to report stalking on campus.

Only in Kauai you can be a known drug dealer and then become a cop. Cops and citizens knew that boy was a drug dealer and his whole family is drug dealers and now he's a dirty pig slave. That's why KPD will never be accredited.

The dirty rookie pig that killed that 19 yr on the west side was used to gang stalk me and now he and his family slaves are getting their karma.

Former MLB pitcher and now dirty pig was used to gang stalk me and got his karma.

Former detective was used to gang stalk me and was seen with another former retired dirty pig at the airport just before Kapua got popped.

Former smurf at the local grocery store and now dirty pig gang stalked me.

Chinese red star dirty pig commy gang stalked me and made threats.

PA almost filed faux charges on me that would have cost the county and state millions.

Retired dirty asst chief pig stalked me at a meeting.

Dirty vice pigs have gang stalked me for years.

Their dirty retired killing vice officers have even stalked me at kalapaki Joe's. Where they were exposed with connections to current asst Chiefs. This is the serial killer relatives.

Kauai Amry national guard members have been tasked to gang stalk me until CID got involved.

They used their slaves to damage my vehicle and the two young boys get their karma and died.

The fire fighter in the hood that use to play with my car locks at all times in the early mornings because the dirty pigs gave him a transmitter gets his karma.

I get gang stalked on a daily basis by the dirty syndicate pig Mafia and their slaves. It's nothing new and I deal with it every day.

White Chevy Tahoe and white Toyota 4 runner has dirty vice pigs staking. If you all want their license plates then I'll provide the cymbls.

So why are they doing this?

Lihue post officer gets popped, police commissioner/probation parole services get popped, dirty brute pig get quit/fired, asst chief gets quit/fired/retired, multiple drug dealers get popped to historical never seen before levels, meth cooking lab gets popped, Pain Mill gets popped and oxy raping brothers gets extradited, prison guards gets investigated, fire fighters gets investigated, DLNR gets investigated, rapist cops get popped, rapist DLNR gets popped, child rapists related to cops get popped, Vice officer gets reassigned to the west side of Kauai for multiple failed set up and framing a person and their most used is OVUII, sexual harassment suits against dirty pigs, the whole PA fiasco from years ago with the old PA got her karma, many more and many more to follow.

I am the person who does the checks and balances on Kauai.

I am here to destroy the Kauai syndicate pig Mafia and all their slaves.

God sent me on earth. He send me to do something, and nobody can stop me. If God want to stop me, then I stop. Man never can. -Bob Marley

Anonymous said...

8:07 a.m. "The Prosecutor takes only easy cases"
True. Prosecutor Kollar also sided with the Mayor on this issue when he was a Deputy County Attorney assigned to represent KPD.
Kollar got it wrong too but then again he is pals with Begley and Darla.

So will the County now grow some and fight this latest attempt by Begley and Darla A. to fund their retirements?! We paid Darla a million dollars then let her stay at KPD. Who authorized that payout with out making her leave the department. Are we surprised that she didn't file another lawsuit when she didn't get her way. Begley lost his last suit where he claimed brain damage, then got promoted to assistant chief and he thanks his boss the Chief by refusing to let him in his office on "orders" from the Mayor. News flash Begley your orders come from your superior Officer, not a politician. Fire em!

Anonymous said...

@7:43 AM - While you are correct it could go to the Supreme Court but releasing funds to defend it at that level, do you think the council wants to take that chance. If I read the language of the decision correctly, many established cases were used to arrive at this decision that the appeals judges made. So I would think in a logical sense that those arguments used would have faced Supreme Court Scrutiny if it was bad to begin with but that was not the case.

Anonymous said...

Oh a KPD sympathizer.

How in the hell do they shoot a 60+ yr old man on his roof when they have over 40 cops surrounding him?

Well some army weekend bitch wanna be hero showed the world how to kill an unarmed old man on his roof.

He wasn't charged for negligent homicide because the metal poles that KPD reported he threw at officers were never found.

With out the weapon they can't prosecute hahaha fucking dumb as jokers writing their full of shit reports. County attorneys that work for KPD are just as fucktarded as the boys toys in blue.

Anonymous said...

Thee ICA is most Lingle appointees and the Supreme Court is Democrats and the Supremes overrule the Intermediate Court all the time. It does not cost much money to ask the Supreme Court to take a look and they tend to take these high profile cases.

But why is KPD not accredited? There must be some oversight they do not want. I am happy for the Chief with this result, but I wish he would fast track the accreditation - it keeps KPD in the disrespect zone.

10:33 AM - please tell your therapist before you go on a shooting spree.

Anonymous said...

Begley and Darla are know as good cops.

You probably support the dirty pigs.

Most of Kauai supports the good cops in KPD that have to burden themselves each and every day because of the Kauai syndicate pigs Mafia's reputation.

The people who don't support good cops are the dirty cops relatives or the people who the dirty cops protects like drug dealers and criminals.

KPD need a total overhaul because the fight to clean out the ranks are impossible.

Most good people just want to go and do their jobs but the bad apples are always into some shibai.

KPD will never be trusted until they get rid of the dirty syndicate pigs.

Those who have suffered and died at KPD and their criminal friends and families hands and deserve better and so do their families.

Redeem the lives that were lost and stolen, resurrect their memories and bring them and their families and friends salvation.

Anonymous said...

Nearly 10 years of gang stalking and I haven't gone on a shooting spree and nor will I.

I utilize the real American justice system and not the corrupt state and county of Kauai.

I've been taught and trained well. I know what to do.

You and the people are lucky that I am here on Kauai.

You people will never know the truth but #iAmKauai'sGreatestHero

Anonymous said...

Impeach the mayor for abuse of authority. Life on Kauai would be better without him. He belongs to the entertainment industry with his comedic department heads.

Anonymous said...

kauai' greatest hero???? u sound more like a paranoid dummy looking for excuses to justify your pathetic life. if everyone is stalking u and causing you so much distress, pack ur bags and beat it!

Anonymous said...

The mayor was provided advice by the county attorney at the time. Circuit court ruled in favor of the mayor. Bottom line, it's not clean cut as some make it appear. Do you really think the police commissioners would have taken disciplinary actions against Chief Perry? I am not confident.

Anonymous said...

I understand what commenters are saying, but if you are not accredited you are lacking.

God I worked with a bunch of goons in another state, the accreditation process was the ONLY thing that scares the brass!

On that note,

KPD sure seems "brass heavy". Maybe more worker officers and a whole bunch of less chiefs?

You all appear like Chicago!! And that apearence is unacceptable..

Chief,,, you Sarounding yourself with overpaid "asschiefs" what the hell do you think is going to happen??

Accreditation MUST be an Immidiate priority. Know wiggle room on that.

Anonymous said...

Uh.... What happened to your commenters Joan? They are tyically more articulate.

Anonymous said...

Well. That escalated rather quickly. Not a fan, I surmise.

Anonymous said...

KPD also has an executive chief position. Whatever that means.

Most of the guys who've sky rocketed in promotions on Perry's watch are the most suspect.

Anonymous said...

Time to raise the bar on who gets appointed to the police commission. No more spineless sycophants who get wrapped around the finger of a smooth talking Chief. We've got a few there now who need to go.

Anonymous said...

Whether it was the Mayor or the Police Commission that had the authority to discipline Chief Perry, everyone seems to lose track of the fact there was apparent cause for discipline. Having the Mayor apologize to the Police Chief should be the second order of business. First on the agenda should be Chief's apology to Darla and Begley as they are the victims in all of this, not some power play between the Mayor, Police Chief, and Police Commissioners.

Anonymous said...

Chief Perry is the best thing that ever happened to Kauai. Mayor fat shit Carvalho can kiss my ass.

Anonymous said...

How embarrassing. Everyone knows there's a serious culture of corruption in KPD. Perry, an otherwise good man, let his feelings get in the way when he allegedly retaliated against Begley. KPD needs to be infiltrated by the FBI too root out the corrupt. I've heard it said that to know who the good cops are you only need to look at who has been passed up for promotion. KPD is to serve and protect the public and not their own self-interests, wallets and sexual appetites.

Anonymous said...

I believe Chief Darryl Perry has done a wonderful job on Kauai. And he was born and raised in Kauai and he knows the people of Kauai and majority of all the local people like him. He is one of the most honest person with integrity. A lot of people could learn a thing or two from him. As far as Mayor Carvalho, he should apologize to the public for overstepping his boundaries. He was definitely wrong on his part. I don't think he is a good mayor to begin with.

Anonymous said...

Chief Perry is a good man who has done a good job. But Kauai politics are so pilau it pulls down everyone who get sucked in. The mayor should apologize to the Chief and Begley. Begley should apologize to the Chief for being such a weenie and everybody should apologize to Darla for messing with her so many times.

Anonymous said...

4:32pm and Darla should apologize to the taxpayers for costing us millions of her frivolous claims. The mayor should apologize for screwing the county big time.

John Kauai said...

This was a fun series of comments. It reminds me of this season's "Grey's Anatomy" which I'm in the middle of "binging" through. Each episode is more extreme than the last and no one listens to anyone. I think this is what one calls a soap opera.

I do not believe I've ever met Chief Begley. I have spent 45 seconds (maybe a whole minute) talking to Chief Perry. He seemed all right to me. Now, it is possible that Begley was at the presentations KPD was giving about getting accredited and how they were going to get free body cams. That was about a year ago.

Accreditation is by CALEA which hasn't been around all that long. It is also not a government agency but it is supported by several "ad hoc" police/sheriff organizations. It costs money to get accredited and I can imagine (but I do not know) that the county council didn't think it important until "KPD Blues" came out and that was in 2008. So, it is easy for me to understand why KPD might not be accredited.

Since then, there have been suite after suite after counter-suite involving KDP. Either Perry is an absolute saint or he is the devil incarnate. I wouldn't know. My limited dealings with KDP over the last 8 years have always been respectful (on both sides) with out controversy. Of course, I suffer from "white privilege" so I'm not trying to say that those of you with different experiences are in any way "wrong".

I appreciate 10:23's long rant. It sounds a bit crazy to me, but then I'm sure that when I get really pissed off about something and I try to explain it to people who don't know me, I sound just as crazy -- if not more so.

I guess I'm hoping for the best from Chief Perry and I've not seen any reason to doubt him up to this point except for all the accusations being leveled at him. It may turn out that after I've had the opportunity to "absorb" these accusations I may end up with the same opinion about Perry that I have about Hillary.

Thanks Joan for the "alternate account". (Although the "MSM account" kind of eludes me so perhaps your's is the "truth". {Putting that in quotes is in no way suppose to piss you off. Although, if you are mad at me, I'm guess it will.})

Anyway, I've added this story to my "mind app" so that I can find it again in the future.

Anonymous said...

Agreed 4:32. Begley owes the first apology for blowing it up.
The Chief should say sorry to Darla. He was mean with her for a long time. He should just investigated the damn complaint like the laws requires in the first place. But they all three are public servant and all of us should thank them too for their service.
The Police Commission was the failure on this one. If they had done their job and reigned in the understandably pissed off Chief, the Mayor would not have felt the need to suspend him.
Remember Nadine's inauguration speech? Apparently Kauai has to figure out who can discipline the police Chief every hundred years or so.
Is Barriga suing too?

Anonymous said...

There is no need to apologize to Begley. This was nothing more than a power play by the Mayor to remove Chief Perry and to move Begley in as Chief. Begley played his part in the scheme, willingly. When you sleep with dogs, you wake up with fleas.

Anonymous said...

If you all thinks it's only happening in kpd.

Get'er Done ‪#‎DaLegendContinues‬

EXCLUSIVE: FBI takes over theft, bribery case involving Maui officers

Lynn Kawano
Jan 28, 2016 08:40 PM

HONOLULU (HawaiiNewsNow) - The FBI has taken over a theft and bribery case involving multiple Maui police officers, Hawaii News Now has learned.
Anthony Maldonado and Chase Keliipaakaua were arrested last October and charged with bribery and hindering prosecution. Maldonado, a five-year veteran of the force, was also charged with theft.
Sources say he made contact with a citizen in Lahaina and asked to see his identification. That's when he allegedly took more than $1,000 in cash from the man.
Days later, Keliipaakaua, a six-year veteran of the force, allegedly tried to pay off the victim to withdraw the complaint.
University of Hawaii Law Professor Ken Lawson says the FBI coming in will eliminate any concerns about a conflict of interest.
"You don't want local police investigating local police," says Lawson, who believes the FBI are looking at a number of possible charges. "It could be for civil rights violations."
Sources say there is also a third Maui police officer connected to the case. A female sergeant has requested an attorney from the federal public defender's office as the case goes to a federal grand jury.
"This one investigation could expand and lead to numerous other investigations. That's not unusual," Lawson says.
Maldonado has since resigned from the department, but the other two officers remain on regular duty.
The FBI is working several other cases involving police officers.
Last week, former Kauai Police Lt. Karen Kapua was arrested for allegedly stealing $75,000 in federal grant money meant to make undercover drug buys.
And the FBI is currently investigating Honolulu's Police Chief Louis Kealoha in a civil rights and public corruption case. That case is currently being heard by a federal grand jury.

Anonymous said...

true anonymous hero! #legend

Anonymous said...

How much more is our dumb ass mayor going too cost us before he's done? Easy to make costly mistakes when tax payers foot the bill. If this was a private business, he'd be gone - a long time ago.

Anonymous said...

And, don't forget, the current Council Chairman on Kaua'i who left KPD in disgrace many years ago in the Monica Alves case. Some Kaua'i voters seem to have amnesia or selectively forgive the dirty cops who dwell and now govern in our midst. However, there are many that are too young or too new to know all of the past history of some of these characters. Kauai's Finest...How sad is that???

Anonymous said...