The Evidence:

three Kauai police officers assaulted Pinkerton, STEALING HIS AUDIO RECORDER AND gps ANTENNAE USED IN HIS PERSONAL INVESTIGATION OF POLICE MISCONDUCT, leaving him battered, bruised and fractured.

other pieces of evidence is on the audio files page of this site.

Hospital documentation  substantiates POLICE ABUSE WHILE IN POLICE CUSTODY.

     

James Alfini, First Amendment expert and dean of the South Texas College of Law said regarding the PINKERTON PLEA OFFER:

"the prosecution, with this proposed agreement is looking to take care of their interests rather than the interests of the defendant, which should be the focus of any plea deal. "

Download the PLEA OFFER HERE [PDF]

I have had to opportunity to have received the following documents:

First arrest October 24, 2005:

Chronological order of events:

• October 23, 2005 investigating officer Gilbert Asuncion
   

• October 24, 2005 arresting officer David Banquel
   

•  October 25, 2005 statement taken by Officer Drapesa

Was probable cause established? NO

Was due process executed?  NO

In the image below, notice the “created by” and “date created” fields are in reversed chronological order. The most current entry is at the top.

Asuncion is K01588, he is the “investigating” officer, his report went in at 3:59pm on October 23, 2005.

Below is Drapesa report which was inputted after Asuncion but before Banquel.  How can the mix-up occur?

Drapesa K01067 took my statement at KPD headquarters on Tuesday, October 25, 2005.

Drapesa says Banquel never took a statement.

Drapesa says Banquel advised me of my rights  which is not accurate.  How would he know if I had or had not been read my rights?

Second Arrest:

SCREEN CAPTURE OF RECORDS MANAGEMENT SYSTEM PROVE ARRESTING OFFICERS NEVER FILED POLICE REPORTS

Asuncion says he is a victim and wants to stay out of what has happened, then why does his overtime report show he is assisting in my arrest?

Note below Asuncion states his reasons for overtime are for him doing an INVESTIGATION.   Would you agree that he was conducting an investigation or he was stalking me, conspiring with other officers to come arrest me without DUE PROCESS, without an arrest warrant.

Was there ever an arrest warrant?  No.  As noted in the RMS image above, the "narrative type" code Asuncion is "F" for follow up.  The "investigator" is marked with an "I".  How can Asuncion be both victim and investigator?

December 13, 2005 In retaliation to the complaints I have filed against Officer Gilbert Asuncion,  the same officer swears at Pinkerton and sticks his finger to Pinkertons chest.  Mr. Pinkerton is later arrested for Terroristic Threatening and Intimidating a Witness, the next morning at 02:30am at Pinkertons residence by three Kauai Police officers who did not have an arrest warrant and did not file police reports as shown in the screen capture.

The State pursues a charge of harassment despite not having an arrest warrant, despite listening to the audio files of the arresting officers the morning of Dec 14, 2005 at 02:30am, all to keep the evidence out of the hands of a jury.  There is no JURY TRIAL for a petty misdemeanor.

Once again, Officer Asuncions audio file which he is heard saying that he is a victim and he wants to stay out of it.

This shows pattern of practice.

The scanned hospital documents below depict the injuries that were sustained on March 5, 2006 at the hands of three Kauai Police Officers.  This would be the third (and hopefully last) arrest.

stomped on face by Officer Steven Vinzant

carried by chains caused fractured wrist and infection

Head slammed on ground and kicked

head slammed with jail cell door causing concussion and permanent groove on left side of head above the ear

CT SCAN RESULTS SHOW DAMAGE TO LEFT SIDE OF BRAIN

CT SCAN RESULTS SHOW EXCESSIVE FLUID NEAR INJURY.

hit and kicked by KAUAI POLICE Officers' PHILLIP Banquel and Officer Steven Vinzant

Carried by chains caused lacerations, swelling and bruising.

Hit and Kicked by kauai police officers

extracted from passenger seat of truck then slammed my back onto tree stump causing severe back pain and difficulty walking.  I could not walk without stooping over.  I could not stand erect for over 2 weeks.

More hospital documentation

What is a Whistleblower?

One who reports misconduct to government agencies or entities that have the authority to take corrective action.

What happens to a Whistleblower?

Isn't it obvious?  Look at how they targeted me and have conspired to interfere with my Constitutional Rights.