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Friday, December 7, 2001



Judge lifts order against
Big Island police officer



By Rod Thompson
rthompson@starbulletin.com

KEALAKEKUA, Hawaii >> Declaring the testimony of an alleged rape victim to be "unreliable," Kona District Judge Joseph Florendo dissolved a temporary restraining order yesterday that kept the alleged perpetrator, a Kau district police officer, away from her.

Kiana Dempster, 21, had alleged in documents, court testimony and newspaper interviews that the officer raped her 70 to 100 times over several years beginning when she was 14 or 15 years old.

The officer testified that he did not rape her and hardly knew her. His attorney, Frederick Gregg Jr., said the officer "avoids her like the plague."

Before Florendo was finished reading his ruling, Dempster broke down in tears, and the judge recessed the court until she could compose herself.

Hugging her mother, Teressa, during the recess, Dempster sobbed, "Mommy, they won't listen to me," and, "He lied."

In court, Gregg called Dempster's allegations "bizarre."

She had a business card describing herself as a "private entertainer," on occasion drove a police car in a police uniform, and tried to sneak into the police station, he said.

Gregg said Dempster needed counseling.

Dempster's attorney, Robert Kim, said, "My client is suffering from post-traumatic stress (from the alleged attacks), and she does need counseling."

The officer, who was placed on leave from the Police Department while the restraining order was pending, now will be able to resume his duties.

But Kim noted that the officer is still under investigation by the department and that a representative of the FBI was in the courtroom.

In his ruling, Florendo said the law requires him to find "clear and convincing evidence" that the officer harassed Dempster. He said he gave her statements no weight because her memory was "clouded" by her admitted drug use. She said the officer gave her the drugs.

In one instance, Dempster testified the officer held a knife to her throat and cut her on the back one afternoon.

A hardware store clerk testified she sold items to Dempster later that afternoon and that Dempster showed no sign of injury. Dempster has also alleged that another Kau police officer, Warren Ke, hit her. Ke is scheduled to be tried Dec. 17 on a charge of abuse of a household member arising from Dempster's allegations.



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