Student tasered for wearing a baseball cap

Energy conscious Kaua`i bank robber?

Taking the bus to rob a bank and then hitchhiking to the police station to turn yourself in indicates how high the cost of energy has become on Kauai, or perhaps the act of robbing a bank is a cry for help by a resource strapped citizen unable to afford the medical attention and housing in these tough economic times - Bank robbery suspect hitches to jailhouse

Emailers Take Warning

From personal experience, I know that Kauai Police Department officers send threatening email messages to citizens, and I know the practice is acceptable and will not be publicly reprimanded by Kauai Police Commission or by Kauai Board of Ethics.

However, I did not know until reading reporter Rachel Gehrlein’s story, Emissions protest dampened by weather (5/24/08 TGI p.1), that police officers were monitoring the email of citizens. But evidently they are because KPD Capt. Ale Quibilan said "the department decided to prepare for any event" based upon the belief that "approximately 100 people expected to show up at the protest circulating through e-mails."

Let’s be careful out there.

Prosecutor or persecutor?

In "'Pet prosecutor' sounds off" (TGI, letters, A4, 5-17-2008) Shaylene Iseri-Carvalho writes "I'm sure the rest of the community would take offense if I decided to unilaterally pick and chooses which laws I wanted to enforce or not." She is right. We do take offense even when the action is not unilateral, but done in concert with other council members as was done at the June 15, 2006 session of the Kauai County Council.

At that meeting Shaylene supported an investigation into what she described "as a conspiracy against the public being informed of the truth..." Shaylene said, "Having practiced criminal law almost solely for 15 years both as a public defender as well as a prosecutor, it is very disturbing because there are the kinds of cases that I exactly reviewed and took apart and to have this kind of misinformation published it's just horrific."

Shaylene and her county council co-conspirators then proceeded to take a sheet feed error and spin a conspiracy out of whole cloth claiming "someone" intended to alter a government document for purposes of deception. They called for an investigation and got one from the State Office of the Attorney General.

A former police chief and candidate for the Kauai County Council's house was raided by the State Attorney General.

Computers and electronics were seized as evidence.

An email threat was sent from a county official to a citizen for expressing the opinion it was a sheet feed error.

After a six month investigation, the State Attorney General declined to prosecute, returned the seized equipment, and dropped all charges.

After an enormous waste of time, taxpayer money, an email threat from a county official, and the tarnishing of a county council candidate's reputation during an election it turns out the altered document was indeed the result of a sheet feed error which was obvious to the non-conspiracy minded all along.

It is the job of the County Prosecutor to exercise prosecutorial discretion in picking and choosing which laws to enforce. Hopefully this discretion will be based upon the seriousness of the offense committed, and not upon a politically motivated, half-baked conspiracy theory.

News from Neptune

Kauai Committee for Self-Defense?

The State Auditor, Marion Higa, pinned the tail on the donkey once again. The donkey was the State of Hawaii "which may have compromised its environmental policy in favor of a private company's internal deadline" according to Higa. Higa also recommended "an entity should be given authority to enforce environmental laws". Wait a minute; isn't the state Attorney General the entity with that enforcement authority?

Didn't Kauai Mayor Brian Baptiste urge Kauaians to "obey the laws as they exist at this time" when Governor Lingle laid down the law to the people at a meeting by threatening citizens with arrests, fines, and taking away their children if they interfered with the Superferry's passage. Weren't citizen actions to uphold the law by stopping the Superferry's passage touted as a justification for the Kauai Police Department to purchase Tasers?

Pardon my analysis but it appears law enforcement was enforcing the Superferry's right to violate the law despite citizens insistence the law be obeyed. The State turned the police on the people. Perhaps Higa should have recommended citizens organize a Kauai Committee for Self-Defense given a compliant legislature and the State's penchant to use police authority at the behest of private corporations against law abiding citizens?

Keep citizens ignorant and blame them for their ignorance

I would like to respond to the quotations attributed to council member Yukimura in the article, "Government watchdogs on the prowl". Yukimura begins by stating that engaged citizens are a “very valuable resource,” and “Democracy only works well when we have actively participating citizens.” Yukimura is absolutely correct, but from that point on council member Yukimura begins a litany of "buts" and launches into thinly veiled left-handed attack critical of citizen involvement.

Yukimura advises, “When you get a soapbox to speak from, it’s really important to have your facts accurate and really listen carefully to what’s happening — not make assumptions, not jump to quick conclusions.” This advice in this context has the subtext that citizens may not have accurate facts, and may not listen carefully. Citizens may make assumptions and jumping to quick conclusions.

Yukimura continues, “You really have to become an expert in the subject so you can perform to the highest ideal. You can lead people in the wrong place.” The subtext: citizens may not be experts, may not perform to the highest ideals, and may lead people to the wrong place.

Yukimura concludes with an accurate description of the divide that exists today between county government and engaged citizens. “It can get to an attitude where, if you don’t agree with me, you’re wrong and stupid,” she said. “That’s more destructive than helpful.”

There is, however, an underlying fact not acknowledged by Yukimura when she gives advice that engaged citizens should have accurate facts, and become experts. To have accurate facts and becoming an expert is only possible if government allows engaged citizens access to information. If government boards, councils, and commissions refuse to disclose such information claiming "attorney-client privileged" then Yukimura's criticism is disingenuous.

It is the county government boards, councils, and commissions that refuse to release the facts and refuse to answer questions citizens ask so the citizen can get their facts straight and become experts.

Yukimura is critical of engaged citizens lacking the facts, not being experts, and not listening carefully while the count council does everything in its power to hide those facts under the cloak of attorney-client privilege.

Yukimura is a member of a county council that is responsible for keeping citizens ignorant, but rather than casting a critical eye on the actions of her colleagues (and perhaps herself) for refusing to waive attorney-client privilege she implies the fault lies with the engaged citizens, victims of government secrecy, for not having the facts, not being experts, and leading people to the wrong place.

Engaged citizens are not trying to lead people anywhere, but rather hold government officials accountable for their actions. Mahalo to council member Yukimura for at least speaking to this issue, and she can rest assured that engaged citizens are reading carefully, even between the lines.