Tight lips irk LIHUE >> Several County Council members and the public criticized County Attorney Hartwell Blake when he repeatedly refused to give the County Council any information about the probe of Police Chief George Freitas.
Kauai council
in police probe
So far the public and the police chief
have been kept in the darkBy Anthony Sommer
tsommer@starbulletin.comAt the Council meeting yesterday, Blake insisted that any information he gave the Council, even in an executive session, would violate the confidentiality rights of Freitas.
After the meeting, Freitas, who sat through the session, vented frustration during an impromptu news conference.
Suspended with pay by the Kauai Police Commission on Aug. 10, Freitas has been told only that he has been accused of hindering a prosecution of a police officer and using poor judgment in handling a sexual harassment charge against an officer.
Numerous sources have said both allegations involve officer Nelson Gabriel who already has been prosecuted in the case Freitas allegedly hindered and who is facing new charges in the case Freitas allegedly mishandled.
Freitas has repeatedly denied doing anything to influence either case involving Gabriel, who remains on duty as a police officer.
The complaint was filed with the Kauai Police Commission by two senior officers.
An investigator borrowed from the Honolulu Police Commission, John Ko, has interviewed more than 100 prospective witnesses since coming to Kauai in early September. Blake said the probe will be completed in about a month.
Asked if he could brief the Council in executive session, Blake responded: "There have been no conclusions drawn to date. I don't believe I have anything to tell you."
Ray Chuan, a frequent critic of county government, told the Council the lengthy probe with no explanation to the public was unlike anything he had ever seen.
"Where else does this happen that you can conduct an investigation of someone without telling that person about it?" Chuan asked. "This is something that happens only in Iraq or China or the former Soviet Union."
Council Chairman Ron Kouchi noted that the confidentiality requirement is meant to protect the person being accused and he can waive confidentiality and open the case to the public under the Sunshine Law.
"That means Chief Freitas is entitled to be informed of what would be made public if he waived confidentiality," Kouchi said.
Blake responded that the confidentiality requirement also is intended to protect witnesses, a concept that does not appear in the Sunshine Law.
Kouchi cautioned that all he can foresee is either a lengthy court appeal if Freitas is fired by the Police Commission or a defamation lawsuit if he is exonerated.
"In either case, it's going to be a black eye for the county," he predicted.
Council member Gary Hooser said it appears the Police Commission already has violated its own rules by ignoring a requirement that all investigations be completed within 60 days of the filing of the complaint.
Blake responded the commission could amend the rule if it felt more time was required.
He did not point out that amending any government rule requires a lengthy process of legal review and public comment that usually takes months. There also are no provisions in the law for after-the-fact rule-making.
After the meeting Freitas was angry that he still has not been told exactly what it is he is accused of doing that was illegal or improper.
Echoing Kouchi's remarks, Freitas said he might waive confidentiality if he knew what it was that would be aired in public.
Kauai County
