CONTROL OF ALT- DO NOT DELETE

CONTROL OF ALT- DO NOT DELETE: Yesterday’s “alternative reality” regarding “lap dancer” Monica Alves’ conviction and incarceration for the murder of Kimberly Washington Cohen elicited a few emails ranging in response from “ah, I knew it all the time” all the way to “you’re nuts- and irresponsible to boot Parx”.

But the one from KPD Blue author Anthony Sommer- who covered the trial from start to finish as the then Honolulu Star Bulletin Kaua`i Bureau Chief- needs to be put on the record.

Tony wrote:

As you know, you passed this information on to me about a month ago and, while I'm very dubious, anything is possible (if not probable) on Kauai and if the claim is true it would make a good article or addition to the book.

I covered the murder trial of Monica Alves and Mitch Peralto from start to finish.

Never once did she claim she was in police custody at the time of the abduction or at the time of Kimberly Washington's subsequent (she was alive when they put her in the car, according to the witnesses) death by suffocation.

That would have been the perfect alibi and easy to prove because the KPD does keep records (getting to see them is another matter).

But it never was raised.

She, of course, had a right to refuse to testify (and she didn't) but her attorney could have called police officers who arrested her and released her and produced records of her arrest and release.

In fact, the prosecutor has a duty to provide the defense attorney that information even if it isn't requested. I've known the prosecutor in that case for about 25 years (he used to practice in Phoenix before he moved to Kauai) and he is a very ethical fellow. He certainly knew he was required to turn over any evidence that would help the defense.

Never happened. The issue of Alves being in custody at the time simply was not raised.

Nor has it been raised on appeal (seems like a good basis for an "ineffective assistance of counsel" argument if it is true).

I gave you permission to pass along my email address to whoever Rob is. Even if he doesn't have it, I live in Phoenix (as is noted in the book) and I have a listed phone number (always have had).

If Rob can come up with some records (booking slips are public record and KPD actually produces them on request) or the statements or even names of KPD officers who arrested her, there may be something worth looking into here.

But, if not, I don't give any credibility to an unsubstantiated claim from an anonymous source.

The normal ebb and flow of the political tides on Kauai are bizarre enough without having to play "What if?"

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Honolulu Advertiser government correspondent Derrick DePledge had an interesting take today on the “announcement”- or lack threrof- that OIP Director Paul Tsukiyama has left his post.

But Derrick had more to say about the New World Order and Tsukiyama’s resignation.

He wrote:

Not only do we have local bloggers who hate the Mainstream Media, now national bloggers, who hate the Mainstream Media even more deeply, are branching out into our territory.

The Post & Email, a Connecticut-based Web site which describes itself as “a new media initiative of American patriots,” was apparently the first to report that Paul Tsukiyama has left as director of the state Office of Information Practices.

Really? We couldn’t help but comment on that saying:

Actually in a roundabout way Mike Levine of The Garden Island first reported it last week by mentioning the "acting director "Kathy Takase" in an article about our infamous ES-177. I've been putting off reporting on it myself being busy with another more local topic this week.

And I'm not anti MSM- just extremely critical of the lazy lack of enterprise journalism and "he said she said" reporting without good followup,,, present company excluded of course Derrick

Tsukiyama’s departure could very well have something to do with the Hawai`i Supreme court decision regarding the case of County of Kaua`i vs. OIP where the county sued the OIP over an order to release minutes of an executive session a few years back.

The OIP claimed that the regulatory scheme set out by the legislature- and stated in the legislative committee report on the UIPA- says that the OIP has final say over release of records specifically to avoid having agencies suing each other all the time.

The 5th circuit found that the releasable parts were "irretrievably intertwined" with the attorney client privileged part and therefore ruled against OIP and the ICA and SC agreed without much comment.

This leaves the OIP even more of a “toothless tiger” than ever- their “opinions” on record requests under the UIPA (HRS 92F) as well as sunshine law (HRS 92 Sect 1) issues are now subject to suits by the involved agencies in circuit court and, according to the Levine article, Takase said the OIP will therefore not issue any more formal opinions and presumably serve only an advisory role in the future.

Tsukiyama fought hard through staff attorney Jennifer Z. Brooks to protect our sunshine and open records laws and would have led what is now a useless entity if he stayed on. I wouldn’t head an agency like that either.

Only the legislature can change this but I don’t see them addressing that what with all those important issues like denying civil rights and slashing social services and education budgets while making sure tax credits and other corporate welfare programs remain in place.

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And finally Joan Conrow attended the planning commission meeting Tuesday where they inexplicably refused to enforce the permit condition that requires that the burial council approve a burial plan in able for Joe Brescia’s to build his already built Naue monstrosity and has good write-ups in both her blog and an article in The Hawaii Independent.

Although we’re loathe to enter the fray in the comment column today we just had to say:

I’ve never seem the planning commission revoke a permit because the one of the conditions weren’t met, which is supposed to be what they are there for- to make and enforce conditions. Instead they extend or ignore them. Look at Coco Palms.

Remember the 30 years it took to get the Safeway bridge- and then the county “settled” so they could build their precious “coastal” bike path through the Safeway/Foodland parking lot and back across the busiest intersection on the island.

Where were all you “no bike path on he beach” protesters then? Maybe if you had woken up to what a sham the sleight-of-hand segmented EA process was when these other travesties were in their infancy instead of selfishly supporting and praising your dog path it might not have come to this- but I digress.

Brescia did not meet the condition that he get approval from the burial council, whatever the law is currently. flawed or not. That’s why Watanabe said “proceed at your own risk”. That’s why the petition was even able to be heard by the commission. The matter was entirely discretionary on the part of the commission and if they can’t enforce “reasonable” conditions- especially one as basic as burial council approval- then why have one. Ian and Imai could just rubber stamp them without the commission for all the enforcement they do.

If you wear the kings uniform you carry the king’s sword. Jimmy has discovered that. If they were really upset over the decision they were “forced” into they would fire Ian, which is their kuleana according to the charter. Instead they are King Bernard’s lackeys and do his bidding to keep the prestige of their appointments... truly a disgusting way to “serve”.

ALTERNATIVE REALITY

ALTERNATIVE REALITY: Monica Alves, the “lap dancer” we mentioned yesterday in providing a brief synopsis of the “concerted conspiratorial effort” to remove former Police Chief KC Lum was, as anyone who has read Chapter 3 of KPD Blue knows, later arrested and convicted of killing her niece Kimberly Washington Cohen.

The only version of “facts” that we’ve ever encountered are the official ones as author Anthony Sommer detailed in his Kaua`i best-selling book that we serialized here (see left rail) last year.

Until recently.

According to Sommer, after she was molested at the station house:

Alves sued the KPD and the county for sexual harassment and received a $250,000 settlement, a measure of how desperately Kauai County wanted (and still always wants) to avoid a potentially humiliating public civil trial.

Most of the money Alves was paid by Kauai County went up her nose and into her arms in the form of drug purchases.

The settlement contained a confidentiality agreement that was insisted on by Kauai County and that was totally illegal. Settlements paid by tax dollars are supposed to be public record.

But, there is much in Kauai County that is supposed to be public that Kauai County government keeps secret. And no one, certainly not the Hawaii news media, challenges Kauai County in court.

Shortly afterward, Alves and her husband Mitch Peralto were convicted of the brutal torture and murder of Alves’ niece, a KPD drug informant.

Four adults at the house where the victim was being held witnessed the couple beat, bind and gag Kimberly Washington Cohen, 23, and drive off with her in their car on July 11, 1997. The witnesses did nothing.

It was only later, when the owner returned home, that the police were called.

Apparently, Alves knew Washington Cohen was a confidential informant (although KPD records showed she never provided them any useful information) and believed she had tipped off the police. KPD vice officers had stopped Alves and searched her for drugs.

While beating Washington Cohen, Alves tried to seal her lips shut with fingernail glue, telling her, according to a witness, “You’re never going to be able to talk again.”

The four witnesses watched Alves and Peralto bind Washington Cohen’s arms, ankles and breasts, gag her mouth so tightly “her face was deformed,” duct-tape a blanket over her head and torso and drag her struggling into the back seat of their car and drive away.

The next day, police found the woman’s body in a shallow grave less than a mile from the house where she had been beaten. The cause of death was suffocation.

Alves, sobbing when she heard the guilty verdict, and Peralto were convicted and sentenced to life in prison with no possibility of parole.

If Monica Alves, from her prison cell, is aware of all the twisted turns KPD has taken ever since her arrest for lap dancing, she must be laughing at all of them.

That’s the official version. But last month on November 22 an unknown reader using the name “Rob” left a comment on Chapter 3 that, after careful consideration, we’ve decided to bring forth so our readers will see it.

It should be stressed that we have no idea if what (s)he says is true. As a matter of fact we have no reason to believe it is. However knowing Kaua`i and the state of the police department and judiciary- in terms of both things we’ve reported and things we cannot yet report because we’re still trying to sort out and confirm the “facts” in the allegations- it’s entirely within the realm of possibility and, all things considered, we equally have no reason to believe it’s false.

The three comments by “Rob” are followed by another anonymous comment from someone who calls him or herself “jake lee” and is addressed to “Rob”.

Again- the allegations contained in the comments below are fully unconfirmed and are the allegations of - for all intents and purposes- an anonymous reader and should not be taken as fact, only as an allegation that might be another version of Alves’ saga.

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Rob said...

Since I have gotten to know Monica Alves personally by meeting her in prison, I have become thouroghly (sic) convinced by her testimony and the huge amount of Police evidence that she is and was totally inocent (sic) of the murder of Kimberly.

That the police had the larger hand in the matter and that witnesses were bribed and/or threatend (sic) by the Kauai police for their testimonies.

Monica was in police custody before, during and after the murder occured (sic).

Police informants were in the house at the time of Monica's confrontation with Kimberly. They did nothing.

Monica had already left the house before Kimberly was abducted

Did the Police set the whole murder up to retaliate against Monica for winning her lawsuit against them for raping her?

Why were witnesses rewarded with money and a Harley Davidson motorcycle for their testimonies?
Rob
November 22, 2009 9:16 AM

Rob said...
Monica said to the Police when she was arrested "Why don't you arrest her too? She's the one who started the fight!" Monica did not know that Kimberly was abducted! or even missing when the police arrested Monica at her hotel. The car was taken in for evidence and thouroughly (sic) searched only to find absolutely no evidence of Kimberly's being in that car. Who was set up by whom?

November 22, 2009 9:59 AM

Rob said...
Coroners reports show timeline to coincide with Monica's incarceration time. It also show no evidence of glue substances as witnesses claim. Who set up Whom? Witnesses recieved (sic) rewards.
November 22, 2009 10:02 AM

jake lee said...
Hey Rob, i have known monica since 2000, and i know that she's locked up in pikeville ky. because i have been there. i also know that she is in for murder and kidnapping, originally without parole, and now with the courts blessing, with the chance of parole. the bottom line is, she wont get parole for at least 30 years from the time of incarceration, which means 2028! let her go my friend, let her go.

December 9, 2009 12:31 AM