2 charges against LIHUE >> The Kauai Police Commission voted yesterday to drop two of the five allegations against police Chief George Freitas.
Kauai chief dropped
The police panel is pursing 3
remaining allegations against
Chief George FreitasKauai panel appears to violate open-meeting law
By Anthony Sommer
tsommer@starbulletin.comMeanwhile, a federal judge postponed a hearing on a lawsuit filed Thursday by Freitas until Jan. 14. U.S. District Judge Susan Oki Mollway asked for additional arguments as to whether the case belongs in federal or state court. She promised a ruling by Jan. 18.
John Hoshibata, one of Freitas' attorneys, said if his client's lawsuit is dismissed in federal court, it will be refiled in state court.
The commission is not scheduled to take up the remaining charges until the judge rules. The charges were filed in July by Lt. Alvin Seto and Inspector Melvin Morris, who has since retired.
The allegations dropped yesterday were that Freitas was rude to Seto by hanging up on him and that he issued an unlawful order to Morris by telling him to keep a conversation between them confidential.
As she has at every commission meeting, Mayor Maryanne Kusaka participated in the lengthy executive session but did not speak at the public session. Kusaka is an ex-officio member of the board without a vote. She appointed all five members.
Hoshibata said yesterday he plans to call Kusaka as a witness if there ever is a hearing by the Police Commission.
Freitas revealed that his desk and office had been searched without his permission or a court order shortly after he was suspended.
He said when Kusaka notified him on Aug. 13 that he had been suspended, he was asked to turn in his badge, gun and identification card. Freitas said he refused because he believed he retained his status as a law enforcement officer even while on involuntary leave.
Shortly afterward, Freitas said yesterday, he went to his office to retrieve some personal items and found his badge and gun, which he stored in his desk, had been removed. He said he still has his identification card.
Freitas remains accused of violating Kauai police policy by committing a criminal act when he allegedly hindered the prosecution of Officer Nelson Gabriel on sexual assault charges.
Freitas has not been charged with a crime, and County Prosecutor Michael Soong has said he has no intention of charging him.
The allegation claims Freitas ignored a request from prosecutors to have detectives re-interview Gabriel's wife, who supported Gabriel throughout the case.
Freitas said Gabriel's wife was not interviewed because her attorney refused to allow detectives to question her.
Gabriel was tried on the charges in October. Circuit Judge George Masuoka, who heard the case without a jury, has not rendered a verdict.
Freitas also remains accused of violating police policy by allowing his girlfriend, Elizabeth Goyne, to ride in his police car with him.
And he still is accused of failing to treat a subordinate with respect when he allegedly "ranted and raved" at Morris in a meeting in Freitas' office. Freitas has denied the allegation.
At the Kauai Police Commission meeting yesterday, both the commissioners and County Attorney Hartwell Blake appeared to commit numerous violations of the state's open-meeting law. Kauai panel appears to
violate open-meeting lawBy Anthony Sommer
tsommer@starbulletin.comCounty officials did not respond to a media request for clarification.
First, before its own meeting, the commission gathered behind closed doors with its legal staff to listen to the arguments in the telephonic hearing in U.S. District Judge Susan Oki Mollway's court.
The commission meeting with a quorum present was not noted ahead of time as required by state law. Nor was there a vote to go into executive session as required by law. If they were attending as named defendants in the lawsuit that police Chief George Freitas has filed, their gathering should have been open to the public under court rules.
Second, the commission discussed the charges against Freitas in an executive session after Freitas had waived his right to confidentiality. Once that right is waived, state law appears to require the meeting be conducted in public.
Third, the commission voted on whether to dismiss the five allegations against Freitas in executive session. While state law provides for a board or commission to discuss matters in closed session, it clearly states all matters must be voted on in public.
Finally, Freitas personally asked Blake during the open meeting to cite one law, ordinance or rule that gives the commission the authority to place him on involuntary paid suspension.
The commission suspended Freitas on Aug. 10.
Blake refused to answer, saying the question was "not an agenda item."
The state Sunshine Law requires all boards and commissions to place on their agenda all matters they plan to discuss. But it does not require a request for information to the board's legal counsel be on the agenda.