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PINKERTON VS. COUNTY OF KAUAI, KAUAI PROSECUTORS OFFICE AND MARC E. GUYOT
KAUAI POLICE & PROSECUTORIAL MISCONDUCT EXPOSED
U.S. FEDERAL COURT CASE# 08-00222HG-KSC (FILED MAY 15, 2008)

PROSECUTORS HAVE CONSPIRED TO SUPPRESS EVIDENCE, CONSPIRED TO INTERFERE WITH CIVIL RIGHTS AND HAVE INTERFERED WITH A COURT ORDER.  PROSECUTORS HAVE ACTED MALICIOUSLY IN ORDER TO SHELTER THE COUNTY OF KAUAI, THE COUNTY PROSECUTORS OFFICE AND KAUAI POLICE OFFICERS FROM CIVIL LIABILITY AFTER LEARNING OF THE EXCULPATORY EVIDENCE FOUND ON THIS WEBSITE.    THIS WEBSITE WAS CREATED TO SHOW THAT WHEN POLICE CONSPIRE AGAINST CITIZENS, THERE IS ALWAYS GOING TO BE A PROSECUTOR WHO VIOLATES ETHICAL AND PENAL RESPONSIBILITIES IN ORDER TO WIN AT ALL COSTS.

Disclosing Officer Misconduct Is A Constitutional Duty

 Disclosing Officer Misconduct Is a Constitutional Duty

 

Targeted: Why Kauai Police Officers targeted Pinkerton?

For the filing of 3 separate Complaints to the Police Commission in 7 months, all  against Kauai Police Officers not only led to more altercations with subject officers, but also led Prosecutors to suppress evidence of the very serious police crimes in the criminal cases lodged against me by members of the Kauai Police Department. 

After I submitted each complaint, officers were left to retaliate, just as the charges indicate from the 2nd, 3rd and 4th arrest, noting that the cases were ultimately dismissed with prejudice.

Prior to the creation of the http://www.kpinkerton.com website, a couple of honest Kauai Police Officers came forward to me and asked me to help solve the corruption problems within the Kauai Police Department by using the latest in emerging technologies.  This request came at a time when many officers are pit against each other. Simply look no further than the
local news agencies of reports of police misconduct within the KPD. (in the news link)  These honest officers would later give me the screen captures from the RMS or Police Computer System, evidence that will later help prove Officer Gilbert Asuncion had initiated the malicious campaign.

Jan '05- I had met with Kauai Police Chief K.C. Lum January 25, 2005 to offer my help to solve or curb the corruption problems by discussing the possibilities of implementing GPS modules that interface with their Records Management System. Other technologies were discussed also.

Many Kauai Police officers know that I had the meeting with Chief Lum and I am sure the "good ones" were pleased that I was there. The "bad ones" however, probably felt a little uncomfortable with my presence there, after all, many Kauai police know I am a computer and network analyst as I have given many pro-bono computer and technology consultations to Kauai police officers in the past.

 

As a result of filing factual complaints against police, I am a Whistleblower.  I have filed complaints against officers on 3 different occasions. 

Definition of  a a Whistleblower:   One who reports misconduct to government agencies or entities that have the authority to take corrective action.   In reporting the crimes against me in detail to the Kauai Police Commission and then again when I had my meeting with Mayor Baptiste is the equivalent to a whistleblower.



Here's the facts:

On or about January 23 , 2005 I had a 1 1/2 hour meeting with Kauai police Chief K.C. Lum. We discussed policing technologies that could be used to "police the police". This was done in an attempt to curb the rampant corruption within the Kauai Police Department.

With regards to Officer Gilbert Asuncion's harassment against me:

 

  • July 22, 2005 A person in the community was saying to various people that I was a convicted rapist stemming from an unfounded accusations of rape back in 1995. Word had gotten back to me that these rumors were being started by Sean Spiegel, a classmate of one of my daughters.
     
  • Officer Gilbert V. Asuncion asked why the alleged suspect would be spreading these lies. I told him the story so he had the background information necessary to properly investigate my complaint. This is starting point where this whole ordeal escalates and Officer Gilbert Asuncion begins his patterns of practices against me.
     
  • The AUDIO file of Officer Asuncion's statement verify this claim though it mentions nothing of this incident.
     
  • I was cleared form these charges and was not prosecuted. The "alleged victim" had told investigators several versions of the "non existent" event and recanted her story. 
     
  • I called the police and filed the complaint:
    Harassment Called in on 7/22/2005 at 8:22:28AM
    completed on 7/22/2005 at 9:07:15AM
    05-07-003379 R-Report
    Reported By: KRSTAFER PINKERTON Sector: 0
    Community: KAUAI Location:
    Report-No.: 2005-19166
    Unit Assigned: 215Asuncion01588

 

  • No investigation and being arrested for "impersonating a police officer" of this there is proof.
     
  • Dec 13, 2005 I made it publicly known to officer Asuncion the night he was harassing me, swearing at me, sticking is finger into my chest, that I was going to file a complaint with the FBI.
     
  • Dec 13, 2005 my 18 year long companion Rosalind reiterated to Sgt. Rosa I did not trust them and was going to take this campaign of theirs to the FBI.
     
  • Dec 13, 2005 After calling KPD dispatchers after the 3rd time, I told them to never mind that I would come to the station tomorrow to file my complaint and I was also going to go to the FBI as well. I called 241-1711 four times and 338-1831 once.

     
  • Dec 13, 2005 None of my calls to KPD Dispatch December 13, 2005 were logged into the Police Dispatch logs. Compare with my Cingular phone log.
     
  • Arresting officer Banquel on March 5, 2006 is the brother to the arresting officer October 24, 2005 whom happens to have made a statement to arrest me without doing an investigation. This audio file can be found on the Audio page.
     
  • I am a Caucasian male; the other officers involved are not Caucasian but local and mixed races. Does this make a difference?
     
  • I have filed two complaints on two separate occasions stemming from false arrests and false charges November 23, 2005 and December 20, 2005.
     
  • Kauai prosecutors drop the two felonies from December 13, despite Asuncion's official police report and also in his audio statement and the State pursues a harassment charge instead. They know that Officer Asuncion broke Federal Law by sticking his finger into my chest and swearing at me while in uniform at a school function, on school property.
     
  • I am fighting for my First Amendment Rights by posting this website up and airing all the evidence obtained while conducting my own investigation as I was preparing to defend myself. Is this their justification of charging me with harassment instead?


    With regards to Officer Steven Vinzant and his use of force in my case: 

You will find that his use of force was fueled by an episode his wife and I were involved, with 2 of her sisters, one of them being my client, the day before on March 4, 2006. When you interview Security Guard Gabris who works at Pacific Missile Range Facility at the Housing Gate, was a witness to Officer Vinzants wife being upset with me and complained she spoke to Gabris about me. Almost an hour later I was in my clients office and I apologized if I had offended her by driving closely behind her in a posted speed limit zone of 25 mph as she was traveling only 15 mph.

I was on the base in an emergency capacity: I was working on by-passing the electronic circuits on the Nohili and Kawelo pumps as the water ditches were full to the brim & needed to drain to avoid flooding portions of the Pacific Missile Range Facility.

 


 

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