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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

 

TIMELINE OF EVENTS OF INVOLVEMENT WITH KAUAI POLICE OFFICERS & PROSECUTORS SINCE 2005:

  1. January 25, 2005, At the request of good honest police officers, I met with Chief of Police K.C. Lum and we discussed the need for KC Lum to begin having GPS tracking modules installed into police vehicles.  We also discussed the need for video cameras installed as well.
     

  2. March 01, 2005 Leash law violation complaint given to Officer Vinzant Reported By: CHRIS PINKERTON Community: KOLOA Location: OLONA ST Report-No.: 2005-5569 Unit Assigned: 142 Vinzant 01605
     

  1. July 22, 2005 Complaint given to Officer Asuncion at Koloa Chevron of harassment/slander. Citizen making claims I am a convicted rapist.  This is not true and I intended to file defamation of character and slander charges.
     

  2. August 22, 2005 I was given two traffic citations initiated by Sgt. Vicky Fonoimoana who, from 30 miles away, called in to Officer Overmyer to issue two citations for reckless driving and speeding.

     

  3. August 27, 2005 I called in to report drug dealing in the Kiahuna Shopping Village parking lot, Officer Vinzant asks me how I knew as he was watching the suspect prior to my call. 

    I told him it was caught on surveillance cameras.  Reported By: KRSTAFER PINKERTON Sector: 0  Community: POIPU Location: KIAHUNA SHOPPING VILLAGE Report-No.: 2005-25414 Unit Assigned: 142 Vinzant 01605

     

  4. September, 2005, Kauai Police Officers chase a dilapidated Datsun wagon vehicle that I formerly owned and had given away and it was supposed to be in storage being restored.  They find the car, 2 years back tax with me registered as the current owner.  It had no insurance, they did not impound the vehicle.  The vehicle was not issued citations.

     

  5. October 4, 2005 Appeared in court for August 22, 2005 citations.  Case dismissed with prejudice as there were discrepancies between the original and the submitted copy. Citations authorized by Sgt. Vicky Fonoimoana.

     

  6. October 19, 2005, report dangerous vehicle overtaking on road.  Reported By: KRSTAFER PINKERTON Sector: 0 Community: KIPU Location: 50HWY/HALFWAY BRIDGE  Report-No.: 2005-27450 Unit Assigned: 199 Banquel 01884

     

  7. October 22, 2005, officers Nero and Stulpe come to my house and tell me that my car was involved in a high speed chase and to go get it back since I am the legal owner.

     

  8. October 23, 2005 Officer Asuncion fails to render aid to help me gain possession of the a vehicle I was still legal owner of while I was in my truck fronting Koloa School.

     

  9. October 24,2005 arrested for impersonating a police officer at Koloa Big Save market by David Banquel.  I drove to Big Save and approached Officer Banquel and identified myself and offered documents proving ownership of the Datsun Wagon that he was there issuing citations to.
    Read First Arrest.  The charges were dismissed September 18, 2006 as there were no witnesses.  Why was I charged with Intimidating a Witness December 14, 2005? Read about that here.
     

  10. October 25, 2005, give statements to Officer Drapesa concerning the IMPERSONATING charge I was arrested on the day before, of which I never made a statement.  There is a screen capture of which confirms these sequence of events

     

  11. November 23, 2005 I file my first complaint against Officer Asuncion and deliver it to the Kauai Police Chief who tells me that he does "not want to get involved."

  1. December 13, 2005 Officer Asuncion, while in uniform at a Koloa School function, swears at me, stick his finger in my chest and claims I was terroristic threatening him and intimidating him as a witness. 

 

  1. December 14, 2005 Officer Asuncion, Okamoto and Gabriel come to my house in Koloa at 02:30am without an arrest warrant and arrest me. Okamoto at first asks me to come outside the gate so he can talk to me.  I ask if they have an arrest warrant.  He indicates he does not.   They threaten to shoot my dogs and jump our fence unless I go peacefully.  There is an audio recording of this.  Read second arrest
     

  2. December 14, 2005 Officer Asuncion files for 4 hours of overtime, approved by Sgt. Richard Rosa.  Asuncion claims he is a victim and wants to stay out of it yet files for 4 hours of overtime.  Asuncions overtime report can be found here.

  1. December 16, 2005 I am served with a Temporary Restraining Order by Officer Vinzant to keep away from Officer Asuncion.
     

  2. December 23, 2005, I file my second complaint against Kauai Police Officers.
     

  3. December 29, I record Officer Asuncion during a mediation.  This audio file discredits his investigation, the first arrest, the second arrest, and the TRO against me.

  1. January 10, 2006 Upstairs Courtroom 4 Prosecutorial Misconduct caught on tape.  After the 2 felonies I was falsely arrested on without an arrest warrant or indictment, the charges reduced to a petty misdemeanor to keep the evidence out of the hands of a jury.  Minatoya threatens to reinstate the felonies of which I would then have a jury trial.  The Bail of $10,000.00 was never reduced to match the corresponding charge of harassment.  This arrest was caught on tape with Kauai Police making threats to shoot my dogs and jump the fence to come get me if I don't go peacefully.
     

  2. February 7, 2006, Appear w/out Atty. Harrison Continued to March 15, 2006.
     

  3. February, 2006, I am told that my photo was being posted on the wall as early as February of '06 in the Kauai Prosecutors office with the following printed on it, " DANGEROUS, DO NOT LET IN"  Incidentally, I am the Computer Technician who installed the Amber Alert inside the Prosecutors office March 4, 2004 and have done some pro bono work for KPD.  See that here.
     

  4. March 4, 2006.  Security Guard Gabris, a worker 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 had given her a shoulder massage with her two sisters present as one of her sisters is my client.
     

  5. March 5, 2006, Without PROBABLE CAUSE I am charged with DUI, open container, resisting arrest, criminal property damage, and two counts of assault in the first degree against two Kauai police officers, Vinzant and Banquel.

I am beaten and choked repeatedly by Officer Vinzant and Officer Banquel,  I lost consciousness. The ambulance was called to the scene two times in a row. There is a witness who is aware of the police filing false statements that night and who was there as Emergency Service Personnel. He is upset that the Sgt has falsified her report.  Officers stole my audio recorder that evening.

  • March 6, 2006 Approximate time 12:30 pm. Transported by Ambulance from Kauai Police Department Cell Block in Lihue to the Wilcox Emergency Room where my companion of 18 years came with her digital photo equipment.

  1. March 7, 2006 9:00am, Dr. Murray office Koloa, Kauai after receiving medical examination by Dr. Murray, I was referred to Queens Medical Center for further Cat Scans and x-ray.
     

  2. March 7 and 8 2006 was escorted to Queens Medical Center for further documentation.

     

  3. March 15, 2006 Atty. Harrison did not want to proceed with Walton Hong and made some excuse about researching witnesses in order to get a continuance.  Continued to May 3, 2006.

     

  4. March 31, 2006 at 9:46 am I was at Kauai Medical Clinic in Koloa.  I had taken my son to the Dr. Office for a problem he had been having with complications of a tooth removal.  I also spoke with Dr. Murray to address the need for anti-depressants to treat my depression and other diagnosed problems. These diagnostics came as a surprise to me when visiting with my Psychologists, Dr. Drown back in March 2006.  Upon leaving the medical clinic I noticed Darrell Kaneshiro, our south shore council member was chatting outside on the wooden lanai.  I asked him if we could talk. He said “uh, I don’t, not right now”  I asked him “you don’t want to talk” then he says, “not with you, I say, “ok”  he replies with , “I had enough with you” then he laughs.  His comment to me only intensifies the distrust of the county officials and gives me the feeling of a railroad verdict.  This is also on tape and can be heard here.
     

  5. May 3, 2006 7:45am Call to Atty. Harrison to confirm trial at 9:00am.  Harrison responded that it was rescheduled to a later date.
     

  6. May 3, 2006 Appear in Courtroom 2. 10:00 am  Call from Harrison informing me of BENCH WARRANT for missed court date which in our prior conversation earlier that morning told me that it was rescheduled, now said that he "was wrong and that you need to get to the courtroom right away".
     

  7. May 3, 2006 Appear in Courtroom 2. 1:15pm Case recalled and bench warrant withdrawn.
     

  8. May 3, 2006 File claim with County Clerks Office.
     

  9. May 3, 2006 Met with a witness who was at the scene of the March 5, 2006 incident.  This witness was called to the scene twice that night.  His audio statement was obtained which does not match with what the Sgt. that night writes in the reports.
     

  10. May 23, 2006, Kauai Prosecutors offer an unethical plea offer with 7 conditions to them dropping the charges:
    1. SIGN RELEASES OF LIABILITY AND INDEMNIFICATION
    2. WITHDRAW CIVIL SUITS
    3. LET STATUTE OF LIMITATIONS EXPIRE
    4. TAKE DOWN WEBSITE KPINKERTON.COM
    5. WRITE APOLOGY LETTERS
    6. DISCLOSE HOW I RECEIVED THE SCREEN CAPTURES FROM POLICE COMPUTER SYSTEMS
    7. AGREE TO BE BANISHED FROM KAUAI.  IF I EVER RETURN THE CHARGES WOULD BE REINSTATED

     

  11. May 25, 2006, Mayor Baptiste, James Itamura and myself discuss the problems of police corruption and allow him to review the plea agreement.

    The Mayor sidesteps responsibility and does not step up to the plate.

    It is not his "kuleana". (RESPONSIBILITY)

     
  12. May 25, 2006 Prosecutors send two officers to intimidate us that are implicated and posted on my website with evidence posted against them. 

    One of the officers, Vinzant,  stomped on my face and fractured my wrist, the other has placed a TRO on me, falsified police reports and has been caught lying and the audio file of his lies are also posted on kpinkerton.com.  This audio file disproves his investigation, first arrest, second arrest and TRO against me.  The two officers Vinzant and Asuncion, comes to my house to serve my companion of 18 years with a subpoena even after Vinzant beats me up and Asuncion files false police reports, has filed a restraining order and is caught on tape lying about the whole story.
     
  13. May 31, 2006 Appear in Courtroom 2. William A. Harrison withdraws from my cases and blames it on his secretary for not prepared his documents for trial.  The court transcript can be found here.
     
  14. May 31, 2006 The Daily Court Review News Publication publishes a story written by John Tompkins entitled, "Defendant Says He Won't Go"
     
  15. June 16, 2006 The Honolulu Advertiser publishes a news article regarding the plea offer the Kauai County Prosecutors had offered.
     
  16. June 23, 2006 First Deputy Prosecutor Richard Minatoya calls me and urges me to go "PRO SE".  He tells me they are in receipt of my plea offer and in order for them to deal with me regarding it I need to go on the court record and tell the court I will represent myself.  This phone call is recorded and located here.
     
  17. July 12, 2006 Appear in Courtroom 2.  After colloquy regarding my right to counsel, I motion for the original charges (2 felonies) that I was arrested for to be reinstated to allow me to have the right to a jury trial.  Motion denied by Court.  Oral motion to dismiss the case. Motion denied by Court.  I also told the court that I was being denied the right to counsel as I would like to try and resolve this and if not possible then would like to have counsel. I motion for the Judge to be recused from the case, motioned denied without prejudice.  Ordered to file any pre-trial motions by July 19, 2006. Trial set for August 23, 2006
     
  18. July 19, 2006, 5 motions filed by deadline.  Hearing on motions set for August 2, at 8:00am.
     
  19. July 19, 2006 Deputy Prosecutor Guyot files States Memorandum In Opposition to Defendants Motions to Dismiss. Hearing set for August 2, at 8:00am. Click here for Prosecutor Guyots' PDF Motion in Opposition documents
     
  20. August 2, 2006 Hearing at 8:00am.  I arrived without counsel. Court appoints Atty. Dena Renti Cruz.  Objection by the State.  Hearing on Motions to Dismiss continued to August 16, 2006.
     
  21. August 16, 2006 Appeared in Courtroom 2 again but still had not received the States Memorandum In Opposition to Defendants Motions to Dismiss.  A pretty lengthy and confusing day on the court record, rescheduled to August 23, 2006
     
  22. August 21, 2006 Grand Jury of the court  presented and filed and indictment and was therefore ordered to be re-arrested as soon as possible and brought before the court.  Watch and Listen as Deputy Prosecutor Mark Guyot tries to deny the Grand Jurors the opportunity to ask questions of the States Witness, Sgt. Vicky Fonoimoana.
     
  23. August 23, 2006 Hearing on the five Motions to Dismiss the second arrest charges based on several key factors. I motion to withdraw my motions to dismiss.  When questioned by the court why, I reply that I do not want to anger the prosecution and have them retaliate over going through these motions.  Motions to Withdraw the previously filed Motions to Dismiss was denied. The motions were hashed out and most were denied except for one that was being researched.  Rule 48.
     
  24. August 23, 2006 After the end of the above hearing, I was immediately served with Bench Warrant After Indictment, just less than 24 hours from my scheduled Preliminary Hearing the very next day August 24, 2006 when I would have my day in court to face my accusers...

     
  25. August 24, 2006 1:00pm, All charges dropped without prejudice from March 5, 2006 arrest.

     
  26. August 24, 20006, 2:00pm, Arrested for the second time for the  March 5, 2006 incident through indictment.
     
  27. September 5, 2006 State files Memorandum regarding time calculations for excludable periods under Rule 48 of HRPP, certificate of service filed by prosecutors office.
     
  28. September 6, 2006 Findings of Fact Conclusion of Law and decision and order on Defendants Motion to Dismiss.
     
  29. October 5, 2006 Called Public Defender Dena Renti Cruz and asked her to subpoena Officer Asuncions personnel file.  She refused.  I told her that if she does not do it then she is fired.  She subsequently filed a Motion to Withdraw as Counsel the following day.
     
  30. October 6 2006, Public Defender Dena Renti Cruz files two Motions: 1. Motion to Withdraw as Counsel and 2. Ex-Parte Motion and Order shortening time to hear the Motion to Withdraw as Counsel.
     
  31. October 11 2006, Appear in Courtroom 2 for my scheduled 9:30am and I find out that I was on the court calendar for 8:00am.  The Ex-Parte Motion and Order shortening time to hear the Motion to Withdraw as Counsel filed by Dena Renti Cruz was granted and came before my case that same morning at the scheduled time of 9:30am.  Since the Ex-Parte Motion and Order shortening time to hear the Motion to Withdraw as Counsel was filed, my 9:30 scheduled appearance was stricken from the calendar. I had absolutely zero notification of a this new hearing time one and a half hours prior to my scheduled court appearance.  Luckily I was not found in contempt.  I requested to have Daniel Hempy assigned as my attorney.
     
  32. November 3, 2006, Prosecuting Attorney Marc E. Guyot files Motion to Have Defendant Mentally Examined.  In a strange twist,  prosecuting attorney Guyot tries this tool of prosecutorial discretion that normally the defense attorney motions for.
    Download the Motion for Mental Evaluation here.
     
  33. November 20, 2006, Motion to Have Defendant Mentally Examined Hearing granted with a  2 week deadline for filing.
     
  34. December 15, 2006, The Court received and granted Motion For Mental Evaluation and orders a 2 prong examination: Ability to stand trial and Penal Liability at the time of the alleged offense.
     
  35. February 27, 2007, Judge Watanabe learns that Prosecutor Guyot informed one of the three doctors of the examinations that the order was flawed and only do the 'ABILITY TO STAND TRIAL" and to "DISREGARD THE PENAL LIABILITY PORTION" of the examination:


 

  1. Sept 1, 2007 The honorable Trudy Senda rules that my case for alleged crimes committed against a Kauai police officer be "DISMISSED WITH PREJUDICE"
     
  2. October 09, 2007 The Honorable Kathleen Watanabe rules that my case for the alleged 2 felony assault on police officers be "DISMISSED WITH PREJUDICE"
     
  3. October 25, 2007
    County of Kauai prosecutors file a motion for reconsideration the courts previous final ruling in the October 09, 2007 court date.
     
  4. November 06, 2007 Hearing on Motion to Reconsider the October 09 courts dismissal with prejudice.