Enough to make you laugh. Partly from true amusement, partially from sorrow and disgust…
Lots of legal fun going on in our beloved archipelago. Enough to make you laugh. Partially from true amusement, partially from abject sorrow and disgust.
Let’s start with the fun stuff first.
Yesterday Big Island Mayor Billy Kenoi was found not guilty on all counts stemming from his blatant misuse of his government issued credit card.
Kenoi faced a couple felonies, a couple misdemeanors, thanks to poorly considered decisions to use government money to pay for a stand up paddle board, bicycle, a shitload of booze, and multiple trips to Oahu buy-me-drinkee bars.
If that last term sounds a tad racist, that’s because it probably is. The polite term is “hostess bar.”
Kenoi’s a larger than life figure who often finds himself in the public eye thanks to good-natured, if somewhat foolhardy, shenanigans. His drunken tirade at a private party following Hawaii Congress of Planning Officials Conference made the rounds on social media this past September.
But Big Island loves Uncle Billy, and the result was never really in doubt. No way was a local jury gonna find him guilty.
On the sad, or rather so-rage-inducing-that-it-makes-me-sick, end of the spectrum, former Kauai Vice Lieutenant Karen Kapua was given a weak slap on the wrist after pleading guilty to the theft of $75,000 worth of federal grant money intended for use in undercover drug buys.
Kapua played the woe-is-me card, citing financial hardships, and the 2011 death of her daughter, to justify her blatant theft.
She was a good cop, she swears. Just made some bad decisions.
Of course, that argument ignores her participation in the department’s harassment of Darla Abbatiello, which cost the county $980k.
Abbatiello was deemed a snitch by her fellow cops after reporting to the department that Kapua’s husband, Irvil, was serving as protection for local meth dealers.
Irvil Kapua was allowed to resign rather than face charges, while his wife remained of the force, steadily working her way into a position of power.
Karen Kapua was ordered to repay the money stolen, plus an additional $25k, and sentenced to sixty days in jail. She will be allowed to serve her time on the weekends.
Sadly, the poor fuckers she framed in the course of her employment weren’t given the same leniency. She had to cover up her theft somehow, what better way than claiming it was used via confidential informants to conduct drug purchases which, obviously, never actually happened?
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July 1, 2017
From: James D. Benish
(complainant)
Editor CF Publishing
9069 Lake Rd.
Otisville Michigan 48463
To: United States Courts for the 9th Circuit
Chief Judge Sidney Thomas
C/O Judicial Misconduct
PO Box 193939
San Francisco CA 94119
RE: Judicial Misconduct Complaint against United States District Court, District of Hawaii
Honorable Chief Judge John Michael Seabright
Honorable Sidney Thomas,
I understand that even if I successfully prove that the judge engaged in misconduct or is disabled, this procedure cannot change the outcome of the underlying case.
Pursuant to 28 U.S. Code Chapter 16 Complaints Against Judges. The Judicial Conduct and Disability Act 28 U.S.C. 351-364, and the United States Courts for the 9th Circuit rules I submit the following:
COMPLAINT OF JUDICIAL MISCONDUCT
It is here by alleged that between December 10th 2015 and April 20th 2017 John Michael Seabright, in his capacity as Chief Judge of the United States District Court, District of Hawaii therein did conspire and commit violations of the Code of Conduct for United States Judges. The Federal Judicial code of conduct applies to United States Circuit Judges and District Judges
SPECIFIC ALLEGATIONS
Cannon I. A judge should uphold the integrity and independence of the judiciary.
“An independent and honorable judiciary is indispensable to justice in our society. A judge should maintain and enforce high standards of conduct and should personally observe those standards so that the integrity and independence of the judiciary may be preserved. The provisions of this code should be construed and applied to further that objective.
Allegation: Judge Seabright’s head clerk Lian Abernathy is listed as a the Federal US Attorney contact in the Honolulu Pacific Federal Executive Board Membership Directory dated December 2015. This may be a violation of the “Separation of Powers” doctrine and reflects on the courts independence.
Cannon III. A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently.
b.(1) Administrative responsibilities. A judge should diligently discharge administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court personnel.
In reference to Court the Court Clerks Code of Conduct.
Cannon I. A Judicial Employee should uphold the integrity and independence of the Judiciary and of the Judicial Employees office.
Cannon II. A judicial Employee should avoid impropriety and the appearance of impropriety in all activities.
Allegation: In December of 2015 a citizen’s Affidavit for a Federal Grand Jury Investigation was sent to Judge Seabright’s court. This affidavit was sent via “paper” in compliance with District of Hawaii rules. On 29 December of 2015 Judge Seabright’s clerk, Lian Abernathy sent a letter to the aforementioned Affiant stating; “The clerk’s office is unable to process your Motion to Convene Federal Grand Jury. Please refer to the United States Attorney’s Office for assistance. We will hold your copies of said documents for 30 days thereafter, if we do not receive instructions from you your documents will be destroyed.” This letter was sent on behalf of the court and had multiple implications. There were over 60 defendants listed in the affidavit. Some of them were local Judges, local police departments and specifically the Hawaii Attorney General’s office. The crimes were serious Federal Crimes and included but were not limited to Murder, RICO and concealing and or destroying official documents. Given the fact that Ms. Abernathy has a professional connection with the US Attorneys office, Abernathy’s actions on behalf of Seabright’s court reflect on both Cannon I and Cannon III. In addition Rule 6 Title III of the Federal Rules of Criminal Procedure state: (1) In General, When the public interest so requires, the court must order that one or more grand juries be summoned.
Additionally, had Abernathy actually destroyed these documents this action is a violation of:
Title 18, U.S. Code 2071, Concealment, removal, or mutilation generally.
“Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys or attempts to do so or with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed, or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned for not more than three years or both.”
A phone call to Seabright’s court questioned as to what authority the rejection of the request for a grand jury was based on. The court clerk could not provide an authority other than “Its general opinion.” An email was sent directly to Judge Seabright. The email outlined the situation and requested a response. In January of 2016 I received a phone message from Lian Abernathy. She stated that the Affidavit request for a Grand Jury was to be processed and given to the Jury.
In May of 2016 there was a request from an additional victim that her complaint be added to the Grand Jury Investigation. On June 21st 2016 I contacted the court an inquired as to who I should refer this victim to. It was my understanding that the Grand Jury was going about the business of investigating the allegations in the Affidavit. In an email from Seabright’s clerk Abernathy referred me to the US Attorney’s office. I telephoned the US Attorney in Hawaii who told me that they knew nothing about a Grand Jury investigation initiated by my affidavit. They suggested that I contact the FBI. Again I received the same response from the FBI however an additional FBI agent, Jessica Schwalb contacted me in response to a communication I sent via the FBI WEB site. She apparently could not locate the file either using victims or affiants names and asked me for the courts Case number or identification number.
There were several previous independent news media phone calls to Seabright’s court to verify a Grand Jury investigation existed. The court verified that the Grand Jury was in fact working on the case. I contacted Abernathy again and requested a Court File identification number in several emails and finally on April 20th 2017 Abernathy admitted that she did not process the affidavit for a Grand Jury Investigation as required by afore mentioned Supreme Court Rules.
Therefore I am requesting that the the 9th Circuit Court look into this matter.
I______________________ declare under penalty of perjury under the laws of the United States James D Benish that the forgoing is true and correct.
July 1, 2017.
EVIDENCE;
Affidavit:
http://codeforeblog.com/wp-…
Letter of rejection from the court.
http://codeforeblog.com/wp-…
Phone call to the court:
http://codeforeblog.com/wp-…
Email to Judge Seabright
http://codeforeblog.com/wp-…
Phone from court acceptance of affidavit
http://codeforeblog.com/wp-…
Phone to Seabright court to verify Grand Jury investigation
http://codeforeblog.com/wp-…
Seabright clerk referral to US Attorney office to provide additional victim information
http://codeforeblog.com/wp-…
Agent Schwalb request for case number
http://codeforeblog.com/wp-…
Request to Court for copy of letter of the grant to Grand Jury.
http://codeforeblog.com/wp-…
Additional request to court for proof of processing
http://codeforeblog.com/wp-…
Court Clerk Abernathy says there was no processing of the Affidavit
http://codeforeblog.com/wp-…
You’re writing about the fluff. For over ten years one of the late Senator Dan Inouye’s most influential confidants was a fugitive from the law with a warrant out for his arrest. Besides having influence in Kauai local politics he also had a lot of influence in the state as well as the Clinton White House. He was picked up in 2002 as a result of an outstanding warrant for his arrest and the newspapers downplayed it but in 2006, I found out about another con man named Michael James Burns Jr. who came to Kauai in 1996, ran a bunch of cons none of which were reported in the paper, who would be sentenced to prison but furloughed in time to assess a large landholdings value that would sell to Steve Case of AOL around the same time AOL was merging with Time Warner.
Whatever problems you have in Hawaii, you’re in Hawaii. Go see some real shit mate.
“remained on the force” and on ya Rory, you little muckraker!
You eventually learn not to expect too much of Kauai.
You eventually learn not to expect much of law enforcement and politicians.
Not true, you can expect lies and corruption out of politicians.
Fuck politics, you and I share the bond of NCAA football fandom which ultimately transcends any of our ideological differences. So, how about Mississippi State playing spoiler? And Louisville riding out on BC? How the hell are UWashington and Washington State the best teams in the Pac-12? Florida Gators getting upset?
I expect nothing less out of our beloved sport. The Gators are falling hard. I’m disappointed that the 2 best teams in the acc won’t get to play for the conference title. Clemson and lousiville are both in the same division. I’m let down big time with my Seminoles. They let that stupid showtime special go to their heads and it cost them big time. The pac 12 sucks. I fully believe that Michigan has the ponys to run with Bama. Time will tell and the upsets aren’t over. That’s what makes ncaa football so special and far superior to the NFL. NFL sucks
Clemson or Louisville will likely smash North Carolina or Virginia Tech. Pac-12 is so far down this year it’s crazy, although I think Washington is a true top-ten team, if not top-five. At least they all throw the ball a lot and score a lot of points every game to make it worth watching. Michigan is the real deal if they can beat OSU soundly.
But yes, NCAA, ride or die. Except the minimal scoring SEC games. Fuck that.
Upsets abound! Wtf do we do now? Do we regret not having our dear BCS system in place? We traded shear numbers for popular opinion…wait..shit…but on the real, if I have to hear 1 more commentator say how good Bama is, especially that Gary Danielson(cbs). Is there no real competitor?
Been a while.., is that Bert or Ernie posing seductively in the pic at the top of the story
‘Ino Barca, aole Meia. He ina ua aku paha i hana i kekahi mea.