Wed Jul 4, 2012, 10:12 PM
mahina (6,358 posts)
Something hauna at the Kauai prosecutor's office
A Kauai man has managed to escape serious charges after Kauai Prosecutor Shaylene Iseri-Carvalho recused her office from the case. Deputy Attorney General Lynn Costales took over and dismissed three of the four counts against him — resisting arrest, failing to follow an officer's orders and reckless driving — saying they should never have been filed. Yesterday, the case was remanded back to District Court, where Michael Knight still faces one count of having an open can of beer in his car. More intriguing, however, is the backstory. It seems that Knight, a bartender at Port Allen Sunset Bar & Grill, got a call from the cops, who said they were investigating a report that Shay and her first deputy, Jake Delaplane, had threatened Knight with prosecution while drinking at the bar.
Knight said he hadn't been threatened, but the cops asked him to come in and make a statement, anyway. He was reportedly questioned by an Officer Santella, who asked how much the two had to drink — Shay: nine martinis and one specialty cocktail; Jake: a beer or two — who drove, and whether they were using a county vehicle. Knight wasn't sure about the vehicle and driving part, but he did reiterate to the police that neither Shay nor Jake had bothered anyone in the bar, including him.
In preparing for trial on the four charges, a request was made for the police report, which prompted Shay to conflict out, and the report was not released to the defense attorney. I also requested the police report, and was told: “According to KPD, there was no police report generated for such an incident.”
I then queried: "So KPD can ask someone to come into the station to make a statement in regard to an alleged complaint, and though the person complies, and is questioned, no report need be generated about either that contact, or the complaint that instigated it?
I was told they would “look into it further.” That was Thursday, and no word yet. So if the complaint against Shay wasn't filed by the supposed victim, where did it originate? I'm curious, because as one observer speculated: “There is a certain faction of officers that don't care for Shay. It's common knowledge she goes out and gets shit-faced in bars and they don't think that's something the prosecutor should be doing.”
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