PINKERTON VS. COUNTY OF KAUAI, et al.
U.S. FEDERAL COURT CASE# 08-00222HG-KSC
KAUAI POLICE & PROSECUTORIAL MISCONDUCT EXPOSED:
DISCLOSING OFFICER MISCONDUCT IS A CONSTITUTIONAL DUTY
Complaints of Police Misconduct went ignored and police were left to retaliate
against Pinkerton for filing complaints.
WHAT
TO DO WHEN YOUR OWN ATTORNEY DRAFTS UP A PLEA OFFER SUITED TO
TAKE CARE OF THE COUNTY RATHER THAN THE ONE WHO IS THE REAL VICTIM?
WHAT TO DO WHEN YOUR OWN ATTORNEY REFUSES TO LET YOU BE INTERVIEWED
TO PRESENT EVIDENCE TO SUSTAIN YOUR COMPLAINTS.
THE COUNTY ATTORNEY OBSTRUCTED JUSTICE BY NOT ALLOWING THE
COMPLAINANT TO BE INTERVIEWED IN LIEU OF FILING SEVERAL POLICE COMPLAINTS
AND DESPITE INFORMING
THE INVESTIGATOR THAT I DISMISS MY ATTORNEYS PRESENCE FOR THE
INVESTIGATION.
This
indicates the complaint that I submitted to K.C. Lum at the Kauai Police
Department was forwarded to the Police Commission.
Officer Gilbert Asuncion and
Officer David Banquel were both notified of my complaint, thus the
reason Officer Gilbert Asuncion retaliated against me December 13, 2005
at a school function, resulting the second arrest.
Now more cops are caught in a conspiracy to
arrest me for two felonies; Terroristic Threatening in the First Degree,
and Intimidating a Witness.
Richard K. Minatoya reduces the two felonies to
a single petty misdemeanor in order to keep the evidence out of the
hands of a jury.
Review the court
transcripts. After Prosecutors reviewed the files, to
include the previous complaints I had submitted, they knew I would win a
jury trial.
FEBRUARY 14, 2006
From
the County Of Kauai's hired "Private Investigator"
As
the letter reads, she has submitted her report and has blamed her
inadequate findings of fact without ever interviewing me, on me.
After
reviewing these documents and comparing them with the audio files and
other items of evidence one can quickly deduct that the officers are
being sheltered from liability, thus sheltering the County of Kauai from
liability as well.
Sent it to the Chief for review? What
Chief? The same chief concurs with all the Police Commissions
(LACK OF) INVESTIGATIONS INTO OFFICER MISCONDUCT?
Remember, our Chief of Police reported to state
senate that no officers were disciplined yet our island had the most
complaints against officers than any other county?
CHIEF LUMS' REPORT TO THE SENATE
PRESIDENT THAT THERE HAVE BEEN NO DISCIPLINARY ACTION FOR KAUAI POLICE
OFFICERS IN THE YEAR 2005, DESPITE THE MANY FORMAL COMPLAINTS THAT HAVE
BEEN SUBMITTED TO THE COUNTY OF KAUAI POLICE COMMISSION. NO WONDER
WHEN COMPARING TO THE
INVESTIGATORS ADMISSION THERE WAS NOT A COMPLETE INVESTIGATION AT THE
BEQUEST OF THE COUNTY ATTORNEY. SEE
WOOD AND TAIT INC LETTER.
MAY 16, 2006
The
details of my complaint indicate that I am alleging the following:
POLICE ABUSE, FALSE CHARGES,
CONSPIRACY, THEFT OF AUDIO RECORDER AND GPS ANTENNAE AND
CRIMINAL PROPERTY DAMAGE.
Of course this is
now the third complaint during this campaign of theirs. The
evidence suggests that I have in fact been conspired against and being
maliciously prosecuted. These letters also tend to indicate the
leaders within our county government are guilty of negligence for not
doing what they are supposed to do, BY LAW.
AUGUST 2, 2006
Another
Police Commission findings without an investigation or investigator
interviewing me. What is going on here? Did Wood and Tait
perform another faulty investigation? It would appear so because they
have yet to interview me regarding any of my complaints. This disturbs
me. I have done a better and more thorough investigation than any of
these investigators, police included.
OCTOBER 13, 2006
An
interesting letter from Kauai County Attorney, Rosa Flores:
I find it simply appalling that the County
Attorney can say that they have done a THOROUGH INVESTIGATION, without
ever reviewing the hospital documentation or interviewing me for any of
the complaints I have filed against Kauai Police Officers.
This letter was sent October 13, 2006, before
my jury trial.
It
would seem that their investigation is not complete and would need to
wait for the outcome of the jury trial in order to make a complete and
accurate assessment and sustain the allegations.
To use the officers
statements as gospel and tell me that the reason my claim is
denied is because I was belligerent and refused to cooperate
indicates that they have acted as the jury in my case.
How can they say they did a
thorough investigation?
I remember the day I learned my attorney was also being
paid by the County of Kauai.
When I confronted Bill Harrison about
representing a suspected dirty cop, he said it was no conflict, despite getting
paid by the County of Kauai to represent Sgt Irvil Kapua.
Then, one day, I found this in my court papers
when Harrison withdrew from my cases, then returned the case files to me:
NO WONDER THERE WAS NO
INVESTIGATION!
THE COUNTY OF KAUAI ATTORNEY AND
ATTORNEY HARRISON HAD PRE-ARRANGED (CONSPIRED) TO
NEVER HAVE ME INTERVIEWED AS MR. HARRISON KNEW EVERY STITCH OF EVIDENCE IN MY
CASE AGAINST SEVERAL CORRUPT POLICE OFFICERS AS HE WAS MY ATTORNEY.
WHY WOULD HE DO THIS? HE IS GETTING PAID TOP DOLLAR FOR REPRESENTING SGT
IRVIL KAPUA FOR MAKING DEATH THREATS TO A FEMALE OFFICER FOR BEING A
WHISTLEBLOWER.
From the County Of Kauai's hired "Private
Investigator"
WHAT
TO DO WHEN YOUR OWN ATTORNEY DRAFTS UP A PLEA OFFER SUITED TO
TAKE CARE OF THE COUNTY RATHER THAN THE ONE WHO IS THE REAL VICTIM?
WHAT TO DO WHEN YOUR OWN ATTORNEY REFUSES TO LET YOU BE INTERVIEWED
TO PRESENT EVIDENCE TO SUSTAIN YOUR COMPLAINTS.
THE COUNTY ATTORNEY OBSTRUCTED JUSTICE BY NOT ALLOWING THE
COMPLAINANT TO BE INTERVIEWED IN LIEU OF FILING SEVERAL POLICE COMPLAINTS
AND DESPITE INFORMING
THE INVESTIGATOR THAT I DISMISS MY ATTORNEYS PRESENCE FOR THE
INVESTIGATION.
