LIHUE >> Nelson Gabriel, the Kauai police officer whose sexual molestation case led to the complaints filed against Kauai Police Chief George Freitas, was acquitted yesterday on all counts. Kauai officer
cleared of chargesAn innocent verdict ends a case
that led to the police chief's suspensionBy Anthony Sommer
tsommer@starbulletin.comGabriel was charged with 22 felonies stemming from the alleged sexual assault of a female family member under age 14 from May 1998 to April 1999.
He was tried in October without a jury by Kauai Circuit Judge George Masuoka, who issued his ruling yesterday.
Masuoka said the prosecution's case was based solely on the testimony of the victim. The victim's long history of telling lies and accusing numerous relatives of doing things that never happened made it impossible to believe her testimony, the judge ruled.
Masuoka noted that in her testimony at Gabriel's trial, she admitted she had previously lied when she accused her great-grandfather of sexually abusing her, accused Gabriel of hitting her with a coat hanger, told her teacher Gabriel had threatened her, wrote a death threat to herself and showed it to a teacher, and pretended a stranger had broken into the Gabriel home when she had done so herself.
The investigating officer in the case was Lt. Alvin Seto, who, along with his supervisor Inspector, Melvin Morris, filed complaints against Freitas with the Kauai Police Commission in July. Freitas was suspended with pay for three months and still faces three of the allegations.
Seto did not take the stand at Gabriel's trial, which would have required that he face cross-examination from Gabriel's attorney, Michael Green.
Seto accused Freitas of committing a crime of "hindering prosecution" by refusing a request from the county prosecutor's office that Seto be allowed to re-interview Gabriel's wife, Victoria. Victoria Gabriel supported her husband throughout the trial and testified the alleged victim was a chronic liar.
Freitas said he refused the request for a re-interview for two reasons: First, Victoria Gabriel's attorney had made it known she would not talk to police. Second, Seto intended to use confidential information to persuade Victoria Gabriel to testify against her husband.
Freitas still faces the "hindering prosecution" complaint along with charges he failed to treat Morris with respect during a meeting in Freitas' office and that he improperly used his unmarked police car to go house hunting with his girlfriend.
Freitas has denied all the charges.
Last week, U.S. District Judge Susan Mollway turned down a motion from Kauai County to dismiss a lawsuit filed by Freitas against county officials. Mollway threw out some charges by Freitas that he did not receive a fair hearing by the Police Commission because the hearing has not yet taken place. But she allowed Freitas to refile the charges if he does not receive a fair hearing.
Meanwhile, Gabriel has been charged with a series of misdemeanors stemming from his alleged sexual harassment of a woman police dispatcher. Gabriel was taken off the road and assigned to the dispatch office after the sexual molestation charges were filed against him.
The charges, however, were filed by Seto rather than the dispatcher. There is some doubt whether the case ever will go to trial if the alleged victim, whose lawyer has said she wants to remain anonymous, refuses to testify in court.