Kauai police LIHUE >> A federal judge decided yesterday to keep alive a lawsuit filed by Kauai Police Chief George Freitas against Kauai Mayor Maryanne Kusaka, Kauai County Attorney Hartwell Blake and the members of the Kauai Police Commission.
chief’s lawsuit
allowed to stand
A judge questions the county's
denial of any liability in its claimsBy Anthony Sommer
tsommer@starbulletin.comDistrict Judge Susan Oki Mollway dismissed requests by Kauai County to toss out Freitas' lawsuit and a motion by Freitas to have the judge rule in his favor without trial.
Mollway left the door open for Freitas to file new violation of due process claims if he believes he is denied a fair hearing.
"This dismissal (of Freitas' motion for summary judgment) is without prejudice to reassertion if Freitas is later removed from office without being afforded due process," Mollway wrote.
Freitas' attorney, Margery Bronster, told a reporter that Mollway's ruling means the county "must give the chief his day in court."
Prior to Freitas filing his lawsuit, the Kauai Police Commission said its hearing into charges against the chief would consist solely of Freitas answering their questions. They refused to provide Freitas any material from a lengthy report by an investigator who worked for the commission.
At the hearing as proposed by the commission, Freitas was not given the right to call witnesses or cross-examine the two police officers who filed the complaints against him last July.
County Attorney Blake said he wanted time to study the opinion before commenting on it.
Mollway said in reference to one of Kauai County's motions to dismiss: "Defendants appear to be asserting (less than clearly) that counties and county officials acting in their official capacities are not 'persons' ... and therefore can never be held liable for claims. ... That assertion is wrong."
The judge also raised questions about confidentiality of information in the case. "They (Kauai County's lawyers) do not explain what state or federal law, or what court order, requires them to keep information regarding the charge against Freitas confidential," Mollway wrote. "Only those portions of the meeting related to the confidential information may be held in executive session."
The Police Commission voted Aug. 10 to place Freitas on leave with pay while it conducted an investigation. He was allowed to return to work last week.
Only three of the charges filed against Freitas by Inspector Melvin Morris and Lt. Alvin Seto remain. One alleges Freitas violated a Kauai Police Commission policy forbidding police officers from violating the law.
The complaint charges that Freitas "hindered the prosecution" of a police officer by refusing a request from the County Prosecutor's Office that police detectives (meaning Seto, who was the investigating officer) re-interview the defendant's wife.
Freitas said he refused the request because the woman's attorney already informed police his client would not talk to police. Freitas said he also knew Seto intended to reveal confidential information involving a separate case in the course of the interview.
County Prosecutor Michael Soong has stated no crime was committed by Freitas.
Freitas also is accused of allowing a civilian, the chief's girlfriend, to ride as a passenger in his unmarked police car and of being rude to a subordinate by yelling at Morris during a meeting in Freitas' office.