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Raising Cane Rob Perez |
Waikiki spat wastes time
and taxpayers’ moneyCity prosecutors are taking Waikiki resident Ronald D. Silverman to court. The charge: attempting to steal his neighbor's newspaper. Value: $1.75.
At a time when city resources are stretched thin and state court dockets are packed, Silverman is scheduled to stand trial Dec. 1 in Honolulu District Court.
Unbelievable.
Silverman is going to court after his neighbor filed a complaint with police last year, an investigation was conducted and prosecutors decided there was sufficient evidence to charge him with fourth-degree attempted theft, a petty misdemeanor.
The real estate broker's next-door neighbors on the 38th floor of the upscale Discovery Bay condominium accused him of trying to steal their newspaper as it lay outside their door about 3:30 a.m. on a Sunday in August 2002.
Silverman denies the charge and says he was simply walking by Barry and Barbara Feather's condo door when he stopped momentarily and leaned over to read the headlines on the newspaper on the floor. He says he never touched the paper. Suddenly, the Feathers opened the door and said, "Aha, Ron, we caught you red-handed!" according to Silverman, who said Barbara Feather then snapped a picture of him as he approached his condo.
Silverman said the Feathers have been harassing him and his roommate by making false allegations against them.
The Feathers, who have no listed phone number, could not be reached for comment. But Barbara Feather, responding to a request relayed through the building's manager, left a voicemail message on my phone advising me not to publish the story.
She said Silverman is known for telling lies and that the Prosecutor's Office wouldn't be pursuing a case that was frivolous.
Silverman and the Feathers have been feuding off and on for the better part of two years.
With government resources so tight, this newspaper spat begs a question: Why should authorities pursue something seemingly so minor rather than let the feuding parties or their condo association work out a resolution?
Police say officers generally respond to complaints no matter how minor, hoping the disputes don't escalate into something more serious. The Prosecutor's Office says it pursues cases that are supported by the evidence.
"Some people would say jaywalking is a minor offense," said Jim Fulton, a spokesman for the Prosecutor's Office. "We prosecute those cases (too)."
But a case of trying to steal a $1.75 newspaper?
"No law enforcement agency in its right mind would prosecute for attempted theft of a newspaper," said Gary Dubin, Silverman's lawyer.
"This doesn't surprise me that they would waste time on something like this," said defense attorney Earle Partington, a former prosecutor who is not involved with this case but is a frequent critic of city Prosecutor Peter Carlisle. "This is just incredibly stupid."
This story would be amusing if it wasn't so disturbing.
The newspaper charge is only part of the tale.
The Feathers earlier this year filed a request for a temporary restraining order -- the second one in less than a year -- against Silverman and his roommate, citing a variety of spooky or disgusting incidents. They said in court documents that they feared for their lives.
Among other things, they said they received a mysterious package with a fish head, razors and needles inside. They found condoms on their car. Razors in their newspaper. Dog poop outside their door. A gooey substance on their doorknob.
One day earlier this year a suspicious envelope arrived in the mail. A hand-written note inside said, "Swim with the sharks," and a profane word was spelled in cut-out letters.
In the court documents, the Feathers suggested that Silverman and his roommate were responsible.
But Silverman said the allegations were groundless and that he had nothing to do with any of the incidents cited by the couple.
Until the Feathers moved into their condo roughly two years ago, Silverman said he never had any problems with his immediate neighbors in the 27 years he's lived at Discovery Bay.
A former board member for the condo's association, Silverman acknowledged having disagreements with some board members and management. He said he was voted off the board several years ago over differences on how to run the complex. Discovery Bay's general manager, William Samaritano, in 2001 sought a temporary restraining order against Silverman and his roommate.
Samaritano declined comment.
The Silverman case underscores what is a sad and unfortunate reality at scores of condo and townhouse projects throughout the state.
Some people just can't get along with their neighbors, and the close quarters of the high-rise or clustered buildings adds to the potential for feuding. The fact that homeowners collectively oversee their buildings also can add to the tensions when owners don't see eye to eye.
Recall the case of One Kalakaua, a luxury condo complex where the average age of its residents is about 82.
The board at one meeting hired several off-duty police officers to show up after a temporary restraining order was issued against a 70-year-old board member.
Rather than resort to adversarial legal proceedings, authorities try to encourage mediation in certain cases involving minor disputes and where potential for violence is not apparent.
Tracey Wiltgen, executive director of the Mediation Center of the Pacific, said she has seen an increase the past couple years in mediations involving condo disputes.
The key to successful resolutions, experts say, is for the two parties to be willing to compromise and be reasonable.
For certain District Court cases involving temporary restraining orders, judges actually mandate mediation in hopes of getting the two sides to reach amicable settlements.
Silverman and the Feathers tried mediation in 2002, but the peace apparently didn't last long.
Partington, the former prosecutor, said the danger of prosecutors getting involved in nasty neighbor disputes in which the evidence isn't exceedingly strong is that one side can try to use the legal system to get back at the other.
It won't be clear how strong a case prosecutors have in the Silverman litigation until the trial starts. If found guilty, he faces a sentence of up to 30 days in jail and a fine of up to $1,000.
One thing about the case already seems clear: No matter which side prevails, peace and tranquility have been the losers on the 38th floor of Discovery Bay.
At this point, there may be no turning back.
See the Columnists section for some past articles.
Star-Bulletin columnist Rob Perez writes on issues
and events affecting Hawaii. Fax 529-4750, or write to
Honolulu Star-Bulletin, 500 Ala Moana Blvd., No. 7-210,
Honolulu 96813. He can also be reached
by e-mail at: rperez@starbulletin.com.
