ENTER WEBSITE HERE

This website exists to document the court battle between Kauai Police and Pinkerton and the lengths Prosecutors would go to suppress evidence of police conspiracy to deprive rights and interfere with rights committed against a real 'Pinkerton' to prevent the installation of GPS tracking devices in police vehicles. See proof of this by reading the Kauai Police Chiefs' response: https://drive.google.com/file

I have lived in Hawaii for many years and am an avid horseman. I've traveled to every Hawaiian Island on work related projects, installing systems utilized by the FBI, DEA, U.S. Customs, Department of Agriculture and the Department of the Navy.

I'm the one who installed the devices that allow Federal agencies remote access for wiretapping cell phones (before Snowden) and several Kauai Police Officers knew of this.

Good police, out of fear of the corrupt police, asked me to do something similar to 'fix' the Kauai Police Department.

When the corrupt police found out that I was going to be installing GPS in police vehicles, they would do everything short of murder to prevent this from happening on the island of Kauai which is notorious for bigots with badges running rampant going unpunished for decades.

An accumulation of the audio recordings I obtained while investigation my own false arrests by Kauai Police Officers was posted to my personal website after a corrupt attorney refused to present it on the court record along with documents that were given to me by police officers aware of the conspiracy against me that fueled prosecutors attempts to prevent it being presented on the court record.

Could it get any-worse? Yes, when I hired an attorney representing a Police Sargent accused of offering drug dealers protection from arrests. This attorney obstructed justice by preventing my complaints from being investigated and even withdrew on the day of my trial so he wouldn't have to present evidence against his other clients; The County of Kauai and Sgt. Kapuahttps://drive.google.com/file Harrison wrote to the newspaper regarding his clients the County of Kauai that he expected a federal court order would be issued to stop the evidence-gathering process in Abbatiello's (whistle-blower cop against crooked cop) lawsuit against the county. Source: http://thegardenisland.com/

After Harrison shared with the Prosecutors the evidence I gave him (against his other clients) and after Prosecutors learned of the evidence I posted to my website because I no longer trusted Harrison, Prosecutors offered me a Global Plea Offer which was tantamount to a letter of extortion. https://drive.google.com/ I sent this Plea Offer around the globe to various law professors. This was brought to the attention of Walter Cronkite who contacted me and came to meet me. He told me that he wanted to meet a "real Pinkerton man" before he died. He passed away about a year after our meeting.

The fact that my attorney William Harrison withdrew on the day of my trial so he wouldn't have to present evidence is considered nothing less than obstruction of justice since he was representing me and an alleged crooked cop. Harrison being payed by both the County of Kauai and me? CONFLCIT OF INTEREST. https://www.youtube.com/watch

If you watch the Annotated Version of Stand My Ground! 2 Years of Malicious Prosecution https://www.youtube.com/watch on a computer (not a tablet) then the annotations have links to the documents (and other interesting articles of evidence) against the police that Prosecutors fought desperately to keep off the court record and sought an indictment to block access to present these files and even tried to commit me to a Psychiatric Hospital to avoid a trial and block my path to file a civil suit in Federal Court. Read the doctors report here.

You may be wondering why now? Why put this back up after 10 years have gone by? It's quite simple, I was worried for the safety of my family due to the constant death threats (read about those in the book) and intimidation tactics while we lived on Kauai and felt that I had no choice than to walk away from the civil suit and let this rest until my kids were grown. Now that my kids are grown and out of the house I feel it is time to tell this story since they are safe from retribution. Funny how all the intimidation and death threats stopped once I dropped the Civil Suit and temporarily removed my website and YouTube Videos.

I pray that these videos help to prevent prosecutors from committing similar acts of misconduct and to show police that you don't know who or what you will come up against when you engage in police misconduct and to show people how to STAND YOUR GROUND against corrupt police and prosecutors.

To set the record straight, no, I cannot play the guitar and that protest video "Stand My Ground! I Won't Back Down" https://www.youtube.com/watch was created out of sheer desperation from being maliciously prosecuted and that song was specifically selected to send a message to Kauai County Police and Prosecutors; I WILL STAND MY GROUND AND I WON'T BACK DOWN.

United States v. Agurs, Brady v. Maryland, Exculpatory Evidence, Prosecutorial Misconduct, Police Corruption




Pinkerton Walks Over Rule 48
Published by - THE GARDEN ISLAND NEWSPAPER

Posted: Wednesday, October 10, 2007

A man who is perhaps best known as a gadfly among county officials won his case yesterday, because Kauai prosecutors interfered with a court order.

Krstafer Pinkerton, a computer and network analyst and resident of Koloa with a Web site and blogs that critique the Kauai police department, prosecutors office and the countys legal processes, was declared a free man yesterday.

Circuit Court Judge Kathleen Watanabe found Pinkerton had been denied his right under Rule 48 to have a trial within six months due to a prosecutor interfering with a court order.

Due to Prosecutorial Misconduct, all charges, which include 2 counts of assault on two police officers, DUI, criminal property damage, open container violation, and resisting arrest, have all been dropped "With Prejudice".

According to court records, the County of Kauai Prosecutors had charged Pinkerton with enough crimes to put Pinkerton in prison for nearly 25 years.

A district court case against Pinkerton was also dropped With Prejudice in August by District Court Judge Trudy Senda based on the same infraction. The charges he was arrested on for the District Court case was Terroristic Threatening in the first degree and Intimidating a Witness, the alleged victim was also a Kauai Police Officer. Those charges were later dropped to a harassment charge despite Pinkertons plea for a jury trial. According to state law, there is no jury trial for harassment charges.

Dan Hempey, Pinkertons attorney, said in court that his client had suffered more than a violation of Rule 48 but had also been denied several civil rights.

According to court documents, a letter from the Prosecuting Attorneys Office dated May 23, 2006 offered Pinkerton two days to accept a plea deal to cover a total of 3 separate arrests, 4 felonies and 5 misdemeanors, dismissed without prejudice.

The deal was based on several conditions, including his waiving of the right to Rule 48, to withdrawing civil claims against the County of Kauai, to sign releases of liability for any and all of it's various departments , to take down his Web site kpinkerton.com, to disclose how he obtained the screen captures from the police records management system that he is displaying on his website, to write letters of apology to the police officers in question and agree to moving away from Kauai within 60 days of May 23, 2006. Pinkerton said "no".

According to Pinkertons website, Pinkerton claims of police conspiring against him for his discussions with former Kauai Chief K.C. Lum to purchase and planning the installation of GPS modules in police cruisers.

Through an alleged malicious pattern of practice by Kauai Police Officers, Pinkerton had been arrested twice before on other interesting charges, Pinkerton also claims that his audio recorder and GPS antennae were stolen when he was beaten up by police who had no probable cause to approach him when he was charged for 2 counts of Assault on Police officers, Resisting Arrest, Criminal Property Damage, DUI, Illegal Storage of and Intoxicant.

This case started with an arrest, then went to (Pinkertons previous attorney), then to a plea offer to dismiss the case entirely if he would take down his Web site and move, Hempey said.

He says No and wants his right to a trial, and he gets indicted again and the state makes the mistake of thinking the indictment clock starts over. But it doesnt, Hempey said.

Though both the prosecution and defense agreed 148 days of the 180-day limit had been clocked when tallying Rule 48, 35 remaining days remained for Watanabe to divvy out.

At the crux of the issue was the timeline of a motion filed by Deputy Prosecuting Attorney Marc Guyot and granted by Watanabe Nov. 20, 2006, requesting a mental and penal responsibility examination of Pinkerton. Watanabe had granted the motion with a two-week deadline.

Court records show the order was filed Dec. 14, meaning prosecutors didnt meet that deadline, Hempey said. Even if they had, he argued, only half of the order had been set in motion.

Thats because prosecutors had unilaterally told (the doctor) to only do the mental portion of the examination and not do the penal responsibility section, Hempey said, deducing that a delay of Rule 48 happened because of Marc Guyots prosecutorial usurpation of the courts authority.

That delay was caused by the prosecutor telling the doctor to ignore half a court order. I cant think of anything more egregious in terms of delaying a case than (Prosecutor Marc Guyot) going behind a court order and telling someone not to follow it. That caused the delay. The 704 proceedings did not cause the delay, Hempey said.

But prosecutors maintained their office had filed the order prior to Dec. 14, despite the absence of a record.

Though there werent minutes or court records to that effect, First Deputy Prosecutor Christopher Bridges said Guyot had written a note in his file stating he had processed the order before Dec. 14 and that it had been rejected and he was forced to resubmit it on the latter date.

But Hempey said a note written in a prosecutors file shouldnt be considered an official record.

I dont want to be glib, Hempey said. But I dont think a note from Mr. Guyot in the file relayed to the court by Mr. Bridges satisfies their burden of proof. This is the problem with recharging a guy in the middle of the time clock.

Watanabe said after investigating on her end, the order had been expeditiously executed.

This court takes great pride in moving orders out of its chambers, Watanabe said. If this court were responsible for what basically attributed to the delay of Mr. Pinkerton Id be the first to admit it, she said. In a matter of 24 hours the order was turned around by this court.

With all those factors in mind, Watanabe said Pinkertons case had used up 198 days, thus precluding him from being within the allotted amount of time to proceed to trial.

According to court records, the original date of arrest was March 5, 2006 and calculating the time from arrest to the time of this hearing has been 583 days or 1 year, 7 months, 4 days.

Given the circumstances which contributed to the delay by the prosecutors office the delay in submitting the order for court but moreso the delays caused by interference of a court order the courts granting the dismissal with prejudice, Mr. Pinkerton, you are hereby discharged, these charges cannot be brought against you again" Watanabe said.

Original Text Void of Emphasis:
http://www.kauaiworld.com/articles/2007/10/10/news/news03.txt



Prosecutors tried to avoid a trial in order to suppress evidence of police crimes and future civil claims by trying to get me thrown into a Mental Hospital. I wanted my day in court to present the evidence of false arrest and conspiracy to interfere and deprive rights under color of law - evidence Prosecutors found on pages in this website. This backfired on prosecutors when the prosecutors interferance with the examination was exposed.


Prosecutor Guyot won't appear in court to answer for his misconduct by interfering with the very court order he motioned for. He literally opened Pandora's Box in his attempts to suppress penal liability and evidence of police crimes committed against a real 'Pinkerton'. 2nd Arrest Terroristic Threatening and Intimidating a Witness later reduced to 'Harassment' to keep the audio file of the false arrest out of court.


After the doctor from the Psychiatric Evaluation wrote a letter to the Judge exposing Marc E. Guyot's interference with the court order, he would not show up to speak or answer for his misconduct. He is silent before the courts and lets a new 'young gun' try to finish what he started. This video depicts the closing arguments from the 2nd, 3rd and 4th Arrest The 4th arrest was indictment to prevent me from presenting evidence of police crimes and witnesses statements/testimony against police.



POLICE CONSPIRACY TO DEPRIVE CIVIL RIGHTS UNDER COLOR OF LAW

These audio files contradicts what Officer Asuncion and other Police Officers wrote in their police reports. These audio files discredits the first, second, third and fourth arrest on indictment.It is these file that earned me a Supreme Court Rule 5.1 Warning from Judge Senda as Prosecutor Guyot asked Judge Senda to issue the warning (for obtaining evidence against corrupt cops inside the courthouse) and other County Attorneys listened to these files and new they negated my guilt and exposes the Police conspiracy to falsely charge me for crimes I did not commit. These files are the reason Prosecutors sought to indict me just 3 days before my evidentiary hearing to keep this evidence out of the hands of a jury. It is these accumulated files that become Exculpatory Evidence.I made sure to tell the Judge that the Grand Jury Indictment was improper for the Prosecutors to block my access to present this.


This is my protest video filmed on location to the song written by Tom Petty but this version is Johnny Cash singing it. It is quite appropriate for the message I am sending to corrupt police and prosecutors;

I Will Stand My Ground and I Won't Back Down to Crooked Police or Prosecutors





William Harrison (JD Number 002948) prevented investigation and drafts plea offer tantamount to a letter of extortion withdraws on day of trial to prevent evidence from being presented at trial. This attorney is also representing Kauai Police accused of making death threats against a female vice officer for turning him in for offering drug dealers protection from arrests.




Kaua'i Man Makes Case For Innocence On The Internet
Published by - THE HONOLULU ADVERTISER

Posted on: Friday, June 16, 2006

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i - Kaua'i police are trying to figure out how a man facing criminal charges obtained access to internal police computer data, which he is posting on the Web.

Krstafer Pinkerton is making his case - including the posting of screen shots from police computers - on his personal Web site.

Pinkerton says he is a computer and network analyst who has done work with law enforcement, financial institutions and nonprofit groups. He also has been arrested three times in recent months, and charged with impersonating a police officer, with terroristic threatening and drunken driving, among other charges.

His maintains he has been targeted by a few police officers who have a grudge against him personally, but that he is a supporter of law enforcement and has friends within the police department. He outlines his side of the issue at www.kpinkerton.com.

In the most recent turn of events, the county prosecuting attorney's office, after conferring with Pinkerton's then-attorney, William Harrison, agreed to drop all charges if Pinkerton would agree to several conditions â€" including leaving town, taking down the Web site, revealing how he acquired images from police computers, and writing letters of apology to three police officers.

Pinkerton refused, and the offer expired May 25.

"That's why my lawyer is no longer representing me. He told me to take the deal," Pinkerton said.

Prosecutor Craig De Costa said he intends to prosecute Pinkerton on the charges that have been brought against him.

Harrison said he could not discuss some issues in the case, but said that he participated in negotiating the plea offer that Pinkerton rejected. De Costa said the plea agreement was "mutually composed" by Harrison and De Costa's staff, and while he would not directly address its specific requirements, he suggested that some provisions may have been offers by Pinkerton's side rather than demands of the prosecutor.

"We would never ask someone to leave town. However, if their attorney tells us they intend to leave town, that might make its way into an agreement," De Costa said.

Pinkerton said he might have suggested that he would be willing to leave the island to have the charges dropped. Harrison said he made the offer because Pinkerton told him he would be willing to leave the island to get the charges dismissed.

Kaua'i attorneys not involved in the case say such a plea deal seems odd to them.

"I've never seen a plea offer before that required the removal of a Web page, or that required someone to leave the island," said attorney Daniel Hempey.

Former prosecuting attorney Ryan Jimenez said he never made such requirements a part of plea agreements when he was in office.

"That seems very unusual to me," Jimenez said.

But Harrison said he has participated in such agreements in Hawai'i before, deals in which "someone agreed to leave the community in which the offense took place."

De Costa said his concerns about the Web site involve possibly revealing private information about individuals.

He added that the site displays the contents of screens of police computers. It is not clear to authorities whether Pinkerton was given screen snapshots by someone inside the department, or he was able to break into the police records management system electronically. In either case, it worries law enforcement.

"I'm concerned if he did gain access to RMS, how he did it, and whether it is a security breach," De Costa said.

Acting police Chief Clay Arinaga said police are conducting their own investigation.

"We have some concerns about some of the information he had access to," Arinaga said. "Some of that is not available to the public."

Pinkerton said he was given the screen snapshots by officers he will not identify.

"A couple of police officers came to me and said, 'Take these.' You can't hack into that system. It's a closed network. At least, I don't have the capability of getting into it," he said.

As for the Web site, Pinkerton says he wants the charges dropped, an apology from the county and "a fair settlement."

"This (Web site) is going to continue to sit there if they continue to maliciously prosecute me," he said.

http://the.honoluluadvertiser.com/article/2006/Jun/16/ln/FP606160360.html/?print=on

 

United States v. Agurs, Brady v. Maryland, State of Hawaii v. Pinkerton, Exculpatory Evidence, Prosecutorial Misconduct, Police Corruption:

In United States v. Agurs,the Court summarized and somewhat expanded the prosecutor's obligation to disclose to the defense exculpatory evidence in his possession, even in the absence of a request, or upon a general request, by defendant.

First, as noted, if the prosecutor knew or should have known that testimony given to the trial was perjured, the conviction must be set aside if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury.

Second, as established in Brady, if the defense specifically requested certain evidence and the prosecutor withheld it, the conviction must be set aside if the suppressed evidence might have affected the outcome of the trial.

Third (the new law created in Agurs), if the defense did not make a request at all, or simply asked for "all Brady material" or for "anything exculpatory," a duty resides in the prosecution to reveal to the defense obviously exculpatory evidence; if the prosecutor does not reveal it, reversal of a conviction may be required, but only if the undisclosed evidence creates a reasonable doubt as to the defendant's guilt.

Prosecutors in Hawaii are required to 'make timely disclosure to the defense of all evidence or information known to the prosecutor that the prosecutor knows, or reasonably should know, either tends to negate the guilt of the accused or mitigates the offense.' They are also prohibited-as are all attorneys-from unlawfully obstructing another party's access to evidence or unlawfully altering, destroying, or concealing a document or other material having potential evidentiary value.