Thursday, August 19, 2010

INCOMPETENCE AT TEN PACES

INCOMPETENCE AT TEN PACES: No one looks good when a war breaks out. But the hostilities between local newspaper “reporter” Paul Curtis and Prosecuting Attorney (PA) Shaylene Iseri-Carvalho pit two of the least sympathetic characters on Kaua`i against each other in a race to the bottom of the island’s approval ratings.

Today’s artillery blast from Curtis accusing Iseri of causing the “dismissal” of 16 counts of incest comes on the heels a “press release” issued by Iseri on Tuesday that refutes much of the content of an Aug 5 Curtis-penned front page article accusing her of various misdeeds in a case involving her ex-boyfriend- allegations the paper was forced to retract the next day although they did it so via a tiny “Corrections and Clarifications” blurb at the bottom of page 2.

For more background you can re-read out post on the subject

Iseri’s release, which does not seem to appear at the web site of the Prosecuting Attorney, was obtained by PNN and starts by saying:

The Kaua`i Office of the Prosecuting Attorney (“OPA”) issues the following News Release in response to an August 4, 2010 Garden Island Newspaper (“GI”) article entitled ‘Battle Brewing’ (“the article”). The OPA previously declined comment on the case, as it was legally bound by ethical obligations. Those obligations have since been removed, and the OPA is now ethically able to comment.

It goes on to detail what Iseri claims are the false statements made by Curtis. The first three were pretty much covered by the “corrections”. With an explanatory blurb after each one Iseri writes:

The GI’s claim that Prosecuting Attorney Shaylene Iseri-Carvalho announced that she was seeking enhanced sentencing for Dennis Rego Jr. is patently false.

Neither Rego or his attorney Mark Zenger asserted any conflict until
the court refused to grant any further continuances of the trial date

The OPA contacted the Attorney General’s Office, who opined that there was no conflict.

However the next one contains heretofore untold accusations of misconduct against Rego’s attorney Mark Zenger:

Zenger contacted the victim numerous times to pressure him into dropping the theft charge against Rego.

According to the victim: Zenger told the victim that Rego’s family owns City Liquor Store on Rice Street, is very embarrassed by the incident, and wants everything to be handled quietly without going to court. Zenger also said that Rego would never be convicted based on his connections, having dated Iseri-Carvalho, and having a sister who works for a judge. Zenger said that Rego would return the stolen money and property if the victim promised not to participate in prosecuting Rego.

Finally she tells her side of a meeting she says took place six days after the article appeared:

Iseri-Carvalho met with the GI.

On August 11, 2010, Iseri-Carvalho and OPA staff met with GI reporter, Paul Curtis, and GI editor, Nathan Eagle. The GI admitted that it failed to investigate the personal allegations against Iseri-Carvalho. The GI deliberately misled the public by inventing a scandalous story alleging abuse of the Prosecuting Attorney’s position without a shred of legal or factual basis. The GI attacked Iseri-Carvalho’s professional and personal reputation without due regard for the truth. Had the Garden Island acted professionally, it would have waited to report on testimony given under oath at a hearing that had already been set for September 14th. Instead, the GI chose to publish its uninformed, unsubstantiated allegations, which interfered in the judicial process and compelled the OPA to transfer this case to the AG.

Of course the paper has disregarded Iseri’s release.

Instead, in today’s article, under a headline of “Judge dismisses 32 counts of incest,” Curtis reports:

Calling some statements county Prosecutor Shaylene Iseri-Carvalho made to a grand jury “irresponsible” and “sloppy,” 5th Circuit Judge Kathleen Watanabe on Wednesday dismissed 32 counts of incest against Kenneth Bray of Kapa`a.

“I’m surprised that caution was not taken,” Watanabe said before dismissing the 32 counts without prejudice.

"Without prejudice", for the uninitiated, means that Bray can be re-indicted by the grand jury- essentially a “no harm no foul” decision.

It’s hard to tell who’s worse in all this crap.

You can practically see the spittle coming off the page of Iseri’s release. And Curtis’ petty vindictive coverage of the pre trial motions is typical of his childish behavior.

As our source for the release said “those two deserve each other”. And we deserve better from both.

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On a serious note many may have heard by now about the tragic death of our dear friend Ann Punohu’s eldest daughter Shanarae Kaulananapuaikaikamaolino Donovan also known by her many beloved nicknames: Shana, Lana and Fi.

Kaulana was on the Mayor’s Youth Advisory Committee, Vice President of the Young Democrats, was commended by the Governor for her work with the Boy’s and Girl’s Club as an outstanding leader and was a Leadership Kauai graduate. She was a student at KCC with plans to attend Cornell University, and was the recipient of the Wai’ale’ale four-year scholarship for college. She was completing an internship at the National Tropical Botanical Garden and an active volunteer in her community.

A Benefit Concert will be held to help the family, who are unable to cover her funeral expenses. The concert will be held at The Children of the Land Polynesian Culture Center under the clock tower at Kaua`i Villiage Shopping Center in Waipouli on Tuesday, August 24th from 6-10 PM.

Musicians, Performers and volunteers are needed for this event. If you are interested in donating your time to help the family, please call Sandy Herndon at The Children of the Land at (808) 821-1234.

A Memorial Fund to help with expenses has also been set up at Bank of Hawaii. Donations can be made at any Bank of Hawaii location by requesting the funds go to the Shanarae Donovan Memorial Fund.

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We’re off to the dentist tomorrow. Be back Monday.

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