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”.

OF GREAT DANES AND CHIHUAHUAS

OF GREAT DANES AND CHIHUAHUAS: Our continuing serialization of Tony Sommer’s book KPD Blue this weekend elicited a comment purportedly by one KPD officer that is worthy of note. Even if it is not from an officer it certainly mirrors some of the comments we’ve heard from officers we’ve spoken to recently as well as those we’ve known for many years

Calling him or herself “One” the writer said in part

I've read the book and Tony is, for the most part, spot on. I have a few issues about some of it. I don't think he went far enough to allow readers knowledge that there are cops in K.P.D. who are well trained and competent. We do have them, a lot of them.

There were parts of the book where Tony does sound like someone harping over the sting of racism. I don't believe it's so much that as much as a problem of being an outsider from the decrepit circle of Kauai old timers. A lot of us locals, (Outer Island,) have felt the slap of discrimination. Not racial, but discrimination none the less.

Tony's right on most of it but wrong on some. Right about the Mayors office in the last decade. Wrong On Chief Perry. He's a great man and there is promise here.

Tony would probably be surprised at just how much a lot of us agree with most of his view points....

What ever you all do, don't cover all of us in blue with the same blanket of putrid disgust that you reserve for most of those cast of characters in Tony's book. Believe it or not, the vast majority of the people in the department are good, solid Americans who care deeply about the community, the whole community, not just the local ethnic blend, everyone.

Journalist Joan Conrow of KauaiEclectic, who has every reason in the world to be critical of some at KPD after her wrongful arrest for covering a news story agreed and was glad to hear someone from the department say so.

She wrote

Good to hear from someone clad in blue, especially that "the vast majority of the people in the department are good, solid Americans who care deeply about the community, the whole community, not just the local ethnic blend, everyone."

I feel better already. :)

And we couldn’t agree more with both. Individually almost all of the officers we know are among some of the best cops around.

It’s a really hard if not impossible job of balancing protection of people’s rights and providing for the security of those being protected and served.

And the best thing we can do to aid those who do that job well is to expose those who don’t do the job the right way so that the ones who do can force the others to either reform or resign.

More than anything else what is called for is professionalism.

We have political prisoners right here on Kaua`i. And they were abused in the process of their arrests.

We have cultural practitioners non-violently performing civil disobedience to stop their ancestors from being encased in concrete and somehow KPD can’t be happy just putting them trough the court system. Instead they treat the like they’re violent ice-heads for a petty misdemeanor simple trespassing charge.

Let’s not forget the facts of just this most recent incident here.

The Naue protesters showed up at the graveyard and said “we are here- come and arrest us”. They spent all day trying to get arrested and were refused. The police were there taking pictures and refused to arrest them there so the protesters left at sundown.

Then, after the chief’s announcement in the papers that they would be getting warrants for their arrest, it was asked that they or their attorneys be contacted so they could turn themselves in if they were charged.

But instead someone obtained a secret warrant and KPD officers handcuffed and arrested them at their homes at 5 p.m. on a Friday night, a tactic usually employed to try to make sure someone has to spend the whole night- or in this case the weekend- in jail.

How this is not pure and utter harassment escapes us.

Then they charged a sympathetic reporter who was covering the story for being there reporting it.

The cops are swarming around the seven guys locked together. Three members of the press are there and none are told to stay away by anyone... not the owner, not the cops and certainly not the iwi kupuna who really “own” that property.

Then the sympathetic journalist writes the best article in the state about what happened and she alone is summoned, locked in a room with three officers and interrogated.

But instead of allowing the intended intimidation, she writes about the intimidation and so they try to arrest her too.

It’s hard to imagine how all this happens without the chief’s prior knowledge but apparently it did because he quashes the warrant when he is informed by her lawyer.

Somehow this is allowed to happen. Not because all the guys on the force are bad cops but because they most likely turn a blind eye to the abuses and intentional harassment.

And this is not the only case this year where KPD officers abused their position by using unnecessary force in arresting a non-violent Hawaiian practitioner who was performing civil disobedience.

If there was political pressure from above did it say “and go in and harass them when you arrest them- as a matter of fact, go after that reporter too”?.

Maybe. We may never know but more than likely, not. If there were politicians “putting on the pressure” they more than likely told them they wanted them charged and brought to court.

It may not have been up to KPD to determine whether or not they were arrested but it was KPD that was responsible for how they are processed.

When the mayor or other mucky-mucks get arrested for stealing millions or some other fraud and corruption they don’t drag them down to the station house in handcuffs, They let their lawyers know and they turn themselves in.

But when people perform non-violent civil disobedience to stop the desecration of a graveyard they’re considered hardened criminals to be grabbed off the street..

Yes, most of the officers at KPD are among the best cops we’ve ever seen anywhere. We need to create an atmosphere where they can come forward and ensure that those who are not doing their job professionally don’t taint the rest.

This kind of abuse during essentially political arrests doesn’t happen without the implicit blind eye of those professional officers.

And if this kind of harassment is standard operating procedure at KPD there is systemically something wrong. And if there’s something systemically wrong it starts with leadership.

In this case the chief may not be part of the problem but the honeymoon is over and it’s time for him to be part of the solution.