Many prosecutors are gripped by a competitive determination to
prevail without regard for what is appropriate or just.
In an inherently adversarial system, trials become more about
winning and losing, right Mr. Prosecutor?
Ego, competition, and promotions, not about guilt, innocence, or
fairness. When someone's freedom hangs in the balance, a prosecutor cannot allow
his confidence, career, or competitiveness to interfere with his obligations
under the law.
When you review the access log files for this website logging in
using the username/password combo located here, compare with his testimony
from 7/12/06 AND their Plea Offer (to remove this
website), and you will see that there is reasonable doubt that Marc
E. Guyot is suppressing evidence.
Now listen to the evidence:
 Witness says he was suspicious of
the event March 5, 2006 when he was called to the scene twice.
This person is a paramedic.
This witness,
who chose to talk with me freely, discusses his concern over the night I was
arrested for a DUI. The beating occurred before the paramedics arrived
and after they left. Hospital documentation proves assault by police
officers occurred in police custody.
Have a
look
at the Catscan imaging, specifically the head trauma on the
12th slide
showing damage to my head causing a long lasting concussion and
permanent damage to the left side of my skull.
IT IS THIS AUDIO FILE THAT IS WHY THE PROSECUTION
HAD DECIDED TO SEEK AN INDICTMENT IN ORDER TO SUPPRESS THIS TESTIMONY
FROM MY EVIDENTIARY HEARING.
TIMEFRAME:
GRAND JURY 8/21/06
VS.
EVIDENTIARY HEARING 8/24/06
Watch the Grand Jury Indictment Hearing
Officer Gilbert V. Asuncion Statement
This audio file discredits his investigation, the first arrest the second
arrest and his temporary restraining order against me. When comparing this audio file to the police reports filed by Kauai
Police Officer Gilbert V. Asuncion, you can determine there are many
discrepancies, blatantly filing false police reports. Compare also with Officer Damien McCallum's report as well.
This audio file pertains to the first two arrests. The second arrest I was
arrested for Terroristic Threatening in the first degree and Intimidating a
witness, as Asuncion claims he is the "victim".
In order for me to be charged with T.T.1st, I would have had to threaten him.
Reading his report regarding the 2nd arrest divulges that there were no threats made. Was he threatened by
the suit I was wearing? By my courage? His police
report does not indicate the alleged threats I allegedly made towards
Asuncion.
Listen to
Officer Asuncion say that "He approached me"(
Asuncion approached Pinkerton), this is NOT what he wrote in his
application for a restraining order....
Officer Asuncion states he is now a victim and wants to stay out of what
has happened yet assists in my arrest. This audio excerpt pinpoints a
conflict when compared to Officer Asuncion's' overtime report.
Compare his overtime
report with this audio file.
After swearing and sticking his finger into my chest and
unsure what the witness actually witnessed, he consults with his superior
officers. As a result, Asuncion files for a Temporary Restraining
Order.
Rules for a TRO application indicate that there needs to be
two instances of unwanted contact. On his application form for a TRO,
he indicates that I approached him on two different occassions.
However, in his audio statement obtained
during mediation, he indicates that he walked
70 feet up to me.
This indicates his TRO application was also done
with malice and fraud as the audio file indicates.
Witness to false arrest:
1st arrest
This gentleman is a classmate of the first arresting officer, David
Banquel. Despite the information in the BOLO, Banquel indicates he has
already decided to arrest PINKERTON despite the instructions.
Shouldn't he have said he needs to investigate an allegation of someone
impersonating a police officer? This audio file pertains to the first
arrest.
BOLO instructions:
 Officer David Banquel had seen his high school classmate ˝ hour prior to my
arrival at Koloa Big Save and told him that he was going to arrest “someone”
for impersonating an officer.
Now when you read the BOLO, the instructions
are to investigate and ask questions. His statement to his classmate
prior to my arrest indicates intention to arrest despite the instruction in the BOLO which
state to locate and obtain statement. How could Gilbert have done a
complete investigation that "led him to determine that Mr. Pinkerton needed
to be arrested prior to obtaining a statement, as stated in his statement.
Officer David Banquel asked one question: Do you remember an incident
yesterday? To that, I said yes. That is all I said. He immediately placed me
into custody without reading me my rights. Read this officer’s report and
compare with the audio file “classmate.mp3”
and you will determine that there are many discrepancies in this officers
report. This shows intent to arrest without following the direction of the
BOLO Asuncion had issued in lieu of his investigation.
2nd arrest:
No Warrant, Were coming to get you
The early morning hours of December 14, 2005, my companion of 18
years and I were waken up by Kauai Police Officers calling out my name.
There was no warrant and officers threatened me and my family several times.
This audio file pertains to the second arrest.
Prosecutorial Misconduct:
Also found in Court Video Transcripts.
While in court January 10, 2006, I learned that the charges from the
December 14, 2006 arrest had been reduced. That's correct, the two
felonies reduced to a single charge of harassment to keep this out of a
juries hands, despite Officer Gilbert
V. Asuncion's own statement of swearing at me and sticking his finger into
my chest had been submitted by Asuncion himself. I told the court this
arrest was a false arrest. Prosecuting Attorney Richard Minatory
threatens me that if I want to be charged with the felonies, then....
And this is after the charges were reduced to a single harassment charge.
I had stated in open court on the record that I wanted the original charges
I was arrested on be the ones read out loud in court as these are the
charges I want to have a JURY TRIAL for.
They are not giving me a JURY TRIAL because they do not have any evidence
except for the false witnesses they prosecution has summoned. Many of
the prosecutions witnesses work at the prosecutors office and police
station.
Is this malicious prosecution? This audio file pertains to the
second arrest.
Rumor of
being an undercover FBI Agent
Honest Kauai Police Officers who have known me for several years and have
asked me for help and to help bring credibility to the Kauai Police
Department, have brought forth documents that detail the cases against
me.
These details prove the conspiracy against me and the prosecutions
maliciousness in prosecuting this case. This audio file has been
distorted to protect this persons identity. This is a terrible rumor for
police officers to spread.
This led to a malicious attack and has been
part of the reason officers have not been honest in their work. This
is backed up by Vinzants comments in his report regarding the 3rd arrests to
my claims of being "undercover F BI agent"
Councilman Kaneshiro turns me away.
Kaneshiro exercises his First Amendment
Right as heard here in this audio file.
After gathering the evidence in my case to prove my innocents, I
approached Councilman Darrell Kaneshiro at the Koloa Clinic March 31, 2006
when I took my son for a Dr. visit. I asked him if we could talk.
Why would he turn me away and laugh? I thought the County Council
wanted to investigate the police department.
UPDATE: 2006 ELECTION RESULTS, Kaneshiro does not get re-elected.
Friday June 23, 2006 Prosecuting Attorney.
Richard Minatoya and Mark Guyot urge me to go "Pro Se" and then they will
deal with me regarding my plea offer.
Then the next court appearance Marc E. Guyot says that there are no
negotiations, that all negotiations are off |
