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
“The freedom of
individuals verbally to oppose or challenge police action without thereby
risking arrest is one of the principal characteristics by which we
distinguish a free nation from a police state.”
TIMELINE OF EVENTS OF INVOLVEMENT WITH KAUAI POLICE OFFICERS &
PROSECUTORS SINCE 2005:
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.
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
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.
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.
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
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.
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.
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
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.
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.
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
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."
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.
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
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.
December 16, 2005 I am served with a Temporary Restraining Order by
Officer
Vinzant to keep away from Officer Asuncion.
December 23, 2005, I file my second
complaint against Kauai Police Officers.
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.
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.
February 7, 2006, Appear
w/out Atty. Harrison Continued to March 15, 2006.
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.
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.
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.
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.
March 7 and 8 2006 was escorted to Queens Medical Center for further documentation.
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.
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.
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.
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".
May 3, 2006 Appear in
Courtroom 2. 1:15pm Case recalled and bench warrant withdrawn.
May 3, 2006 File claim with
County Clerks Office.
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.
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
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)
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.
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.
May 31, 2006 The Daily Court Review News Publication
publishes a story written by John Tompkins entitled, "Defendant Says He
Won't Go"
June 16, 2006 The Honolulu Advertiser publishes a
news article regarding
the plea offer the Kauai County Prosecutors had offered.
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.
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
July 19, 2006, 5 motions filed by deadline.
Hearing on motions set for August 2, at 8:00am.
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.
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
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.
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.
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...
August 24, 2006 1:00pm, All charges dropped without
prejudice from March 5, 2006
arrest.
August 24, 20006, 2:00pm, Arrested for the second
time for the March 5, 2006 incident
through
indictment.
September 5, 2006 State files Memorandum regarding
time calculations for excludable periods under Rule 48 of HRPP,
certificate of service filed by prosecutors office.
September 6, 2006 Findings of Fact Conclusion of Law
and decision and order on Defendants Motion to Dismiss.
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.
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.
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.
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.
November 20, 2006, Motion to Have Defendant Mentally
Examined Hearing granted with a 2 week deadline for filing.
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.
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:
Sept 1, 2007 The honorable Trudy Senda rules that my
case for alleged crimes committed against a Kauai police officer be
"DISMISSED WITH PREJUDICE"
October 09, 2007 The Honorable Kathleen Watanabe
rules that my case for the alleged 2 felony assault on police officers be
"DISMISSED WITH PREJUDICE"
October 25, 2007
County of Kauai prosecutors file a motion for reconsideration the courts
previous final ruling in the October 09, 2007 court date.
November 06, 2007 Hearing on Motion to Reconsider the
October 09 courts dismissal with prejudice.