Suit over
police promotions
coming to trial

Jury selection begins in a
Big Island suit alleging cheating
by the chief and his former deputy

By Rod Thompson
Star-Bulletin

HILO -- Did Hawaii County police Chief Wayne Carvalho and former Deputy Chief Francis "Russian" DeMorales participate in cheating on promotions in the 1980s?

Jury selection begins today for an expected eight-week trial which should determine the answer.

The suit was brought by 13 current and former police officers who are seeking damages because they were allegedly passed over for promotions because of the claimed cheating.

They sued Carvalho, who was deputy chief in the 1980s, and DeMorales, who was an inspector. Other defendants have been dismissed from the case, and some of the plaintiffs have withdrawn.

The suit has a long and complicated background, beginning in 1988 when then-Chief Guy Paul took various actions against officers he suspected of disloyalty and minor crimes such as gambling.

A backlash followed in which officers accused Paul of wrongdoing, including allegedly rigging promotional exams. Paul took early retirement rather than answer the accusations.

A series of lawsuits followed. The present one was filed in 1997.

In earlier suits, allegations were made that Paul told Carvalho whom he wanted promoted, Carvalho told DeMorales, and DeMorales told the preferred applicants what questions to study for oral exams.

Paul denied wrongdoing. In 1997, the officers who filed the suit signed an agreement not to sue Paul.

Although there was no direct explanation, it was commented that the chief has the legal right to chose any candidate from among the top five finalists.

Carvalho has admitted telling DeMorales whom Paul wanted promoted, but denies that such comments were orders.

DeMorales has said the comments were indeed orders.

Both sides have offered to settle the suit several times. The most recent offer of about $750,000 by the County Council was rejected when the suing officers refused to accept settlement language which would have blocked copycat suits.