COUNTY OF KAUAI AND PROSECUTOR’S OFFICE SUED FOR ABUSE OF POWER AND MALICIOUS PROSECUTION
News Release from Office of Margery Bronster
Kauai County Councilmember Tim Bynum today filed a lawsuit today in Federal Court against the Kauai Office of the Prosecuting Attorney, Prosecutor Shaylene Iseri-Carvalho, the County of Kauai, and a supervisor of the Kauai Planning Department for constitutional violations arising out of abuse of abuse of power and malicious prosecution.
The suit claims that Prosecutor Iseri-Carvalho and others targeted and illegally prosecuted Councilmember Bynum over alleged zoning law violations at his home as political retaliation. It is further alleged that Iseri-Carvalho prosecuted Councilmember Bynum to block him from questioning the financial activities of the Prosecutor’s office. The lawsuit is based, in part, on tape recordings that were secretly made by Iseri-Carvalho’s first deputy, Jake Delaplane, of conversations he had with County Planning officials regarding the prosecution of Bynum for political reasons.
The plan to falsely prosecute Bynum unraveled earlier this year after Judge Kathleen Watanabe ejected Iseri-Carvalho’s office from the case and appointed a special deputy attorney general to investigate the matter. Shortly after the appointment, the Special Deputy dismissed the case against Bynum as unfounded.
Bynum is represented by former State Attorney General Margery Bronster, her law partner Andrew Pepper, and Kauai attorney Dan Hempey. Bronster said: "False and malicious criminal prosecution of political enemies is something you expect to see in the Third World, not in Hawaii. A prosecutor cannot use a criminal prosecution against a political rival in an attempt to intimidate him and prevent him in a County Council meeting from asking legitimate questions about the operations and budget of the Office of the Prosecutor. Incredibly, they made tape recordings discussing their plans and they joked on those tapes about committing perjury if ever caught. Councilmember Bynum’s rights were severely injured and we plan to bring everyone involved to justice.”
Bronster also stated: “I have spoken with Kauai County Attorney, Al Castillo, and he seems to understand the gravity of the situation. Mr. Castillo has offered to make himself available to the media.”
A copy of the lawsuit is posted on Bronster Hoshibata’s website at www.bronsterhoshibata.com.
PDF: Full Text of Complaint
September 27, 2012: Kauai Prosecutor Denies Perjury Plot: Says Mayor, County Attorneys Peddling Influence
SA: Councilman sues Kauai prosecutor for allegedly malicious prosecution
KE: Tim Sues Shay and Sheila: Claims Constitutional Rights Violated “The complaint … also implicates former Council Chair Kaipo Asing as orchestrating events, though he is not presently named as a defendant.”