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Police chief’s lawsuit
draws to a quiet close

A U.S. judge dismisses Freitas'
complaint against Kauai County


By Anthony Sommer
tsommer@starbulletin.com

LIHUE >> A federal judge in Honolulu has closed the books on the lawsuit filed by Kauai Police Chief George Freitas against the Kauai Police Commission.

Freitas had alleged that then-Mayor Maryanne Kusaka and the commission conspired to fire him in 2001.

U.S. District Judge Susan Oki Mollway granted a motion to dismiss filed by Kauai County before the county was required to turn over minutes of a series of closed meetings of the commission, of which Kusaka was an ex-officio member. The meetings occurred just before Freitas was suspended with pay on Aug. 13, 2001.

The county has claimed those meeting minutes are privileged discussions with the commission's attorneys. Mollway never ruled on the issue.

After an extensive investigation in which about 150 people were interviewed by an investigator, the commission restored Freitas to his position. It found him guilty of only two minor infractions -- yelling at a subordinate and giving his girlfriend, who is a former police officer, a ride in his unmarked police car -- and issued him written reprimands.

On Jan. 9, Mollway dismissed the case because Freitas was never fired. However, the judge gave Freitas' attorney, former state Attorney General Margery Bronster, until Jan. 22 to file an amended complaint. Bronster did not file a new complaint, but filed a motion for an extension of time last Thursday.

On Friday, Mollway rejected the request for extension of time, saying Bronster had no excuse for neglecting to file the request by the Jan. 22 deadline.

"The lawsuit served its purpose. I was able to keep my job," Freitas said yesterday. "And the county is well aware that if they try to fire me again, we will be right back in court."



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