Maui Time Weekly has invoked Hawaii's journalist shield law to oppose efforts by the Maui police and prosecutors to subpoena information about his newspaper's online commenters.
One assumes they are trying to track down the writer of this blog as well as others who commented about the attack on the Maui Time publisher by Maui Police Officer Johnson.
In a court filing last week, attorneys for Maui Time publisher Tommy Russo said the information being sought in the subpoena was protected by reporter privilege. The law, passed by the state Legislature in 2008, protects journalists from having to turn over their sources or other unpublished information gathered in the course of news gathering or reporting.
"In our view, it's an outrageous use of a grand jury subpoena, especially in light of the journalist's privilege," said attorney Sam MacRoberts.
According to the filing, a Maui police officer served Russo with the subpoena on May 16, ordering Maui Time to provide subscriber information, billing records, Internet protocol addresses and physical addresses for comments posted on the paper's website over a 24-hour period.
The subpoena also ordered the paper not to notify the commentators that their information was being sought, "since any notification to the account holder may jeopardize the felony investigation."
The comments related to a story on the newspaper's website, which included a video of Russo being struck in the face by a Maui police officer in April.
One online commenter wrote that the Maui Police Department was the reason he owned a "LARGE CALIBRE, high-powered rifle," and that the officer "needs a bullet when he walks out his door."
Attorneys for Russo argued that the comment "although in bad taste" did not constitute a crime.
"But that has not inhibited the government from using the grand jury proceedings to further intimidate and harass Mr. Russo, presumably to discourage the dialogue that has been generated by the assault story," they wrote. "This is precisely what the First Amendment seeks to prevent."
At a court hearing Wednesday, Maui prosecutors said they needed more time to respond to Russo's latest filing. The matter was continued until July.
A Maui police spokesman declined to comment, saying both the alleged assault and the online comments were still being investigated. Oh really? Has officer Johnson been suspended? Have assault charges been file against officer Johnson? Just what is the Maui Police Department investigating?
In a sworn declaration to the court, Russo said that, in addition to being the founder and president of Maui Time, he was employed by the paper as a reporter.
"As a journalist and newscaster, I am asserting my Hawaii statutory privilege, my Hawaii constitutional privilege, and my United States constitutional privilege to refuse to disclose or produce the materials sought in the grand jury subpoena," he wrote.
A statement on the website of the Association of Alternative Newsweeklies said Village Voice Media Holdings had pledged $1,000 to defray Maui Time's legal costs.
Saturday, June 4, 2011
Monday, May 30, 2011
Galon & Gunderson - Bad Cops Convicted
Kristopher Galon plead guilty in U.S. District Court on Thursday to felonies committed while on duty in Lahaina in 2007 and 2008. He was charged with two counts of depriving a person of rights under color of law.
He plead guilty to stealing money from a driver at a traffic stop and to extorting a sex act from a woman who had been jailed after another officer arrested and robbed her.
The other officer, Steven Gunderson, plead guilty to charges of theft and evidence tampering.
Court record say that on Nov. 10, 2007, Galon stopped a driver for a traffic violation and grabbed the man's wallet and stole $1,550 from it.
The second offense, on the night of Aug. 17, 2008, was described in a lawsuit against the officers, the county and the police department by attorney David Sereno. He alleged that his client, Tracy Motelewski, and an unnamed man were at Puamana Park when Galon and Gunderson approached her car while her companion was in the restroom.
Both were in uniform and on patrol.
Galon allegedly searched the vehicle and a bag in the trunk, finding a container of white powder. He then, Sereno alleged, took Motelewski's purse containing $500 and a ring. They then took Motelewski to the lockup at the Lahaina Police Station, while her companion drove off in her car.
She was released about 5 a.m. the next day, but her purse was not returned, and she began to walk home.
According to the suit, Galon, still on patrol, offered her a ride in his patrol car but pulled up in a parking lot near Puukolii Road.
He then "crudely stated that he would destroy (a) pipe seized" if she would perform a sexual act on him. After she did, the civil suit says, he drove her to her neighborhood and dropped her off.
Later, the suit says, she got anonymous threatening calls.
The lawsuit alleges negligent supervision and training of the officers by the police department. (ya think?)
In February, the Maui County Council authorized settlement negotiations with Motelewski on behalf of the department. The county is not defending Gunderson or Galon.
In April, Gunderson, 33, pleaded guilty to charges that he stole cash from Motelewski and threw away a suspected drug pipe.
He at first pleaded no contest to the charges of second-degree theft and tampering with physical evidence and was asking for a chance to keep convictions off his record. But last month he pleaded guilty and told Cardoza he wouldn't seek a deferral that could have led to the charges being dismissed if he complied with requirements of probation.
In his appearance in U.S. Magistrate Court, Galon, 37, admitted both the theft and the sexual assault. He is to be sentenced in September.
He faces up to a year in prison and a fine of up to $100,000. How is it possible that sexual assault by a police officer nets only "up to a year" in prison?!
He was allowed to remain free on an unsecured signature bond. Why? Any other offender found guilty of sexual assault would have been locked up.
He plead guilty to stealing money from a driver at a traffic stop and to extorting a sex act from a woman who had been jailed after another officer arrested and robbed her.
The other officer, Steven Gunderson, plead guilty to charges of theft and evidence tampering.
Court record say that on Nov. 10, 2007, Galon stopped a driver for a traffic violation and grabbed the man's wallet and stole $1,550 from it.
The second offense, on the night of Aug. 17, 2008, was described in a lawsuit against the officers, the county and the police department by attorney David Sereno. He alleged that his client, Tracy Motelewski, and an unnamed man were at Puamana Park when Galon and Gunderson approached her car while her companion was in the restroom.
Both were in uniform and on patrol.
Galon allegedly searched the vehicle and a bag in the trunk, finding a container of white powder. He then, Sereno alleged, took Motelewski's purse containing $500 and a ring. They then took Motelewski to the lockup at the Lahaina Police Station, while her companion drove off in her car.
She was released about 5 a.m. the next day, but her purse was not returned, and she began to walk home.
According to the suit, Galon, still on patrol, offered her a ride in his patrol car but pulled up in a parking lot near Puukolii Road.
He then "crudely stated that he would destroy (a) pipe seized" if she would perform a sexual act on him. After she did, the civil suit says, he drove her to her neighborhood and dropped her off.
Later, the suit says, she got anonymous threatening calls.
The lawsuit alleges negligent supervision and training of the officers by the police department. (ya think?)
In February, the Maui County Council authorized settlement negotiations with Motelewski on behalf of the department. The county is not defending Gunderson or Galon.
In April, Gunderson, 33, pleaded guilty to charges that he stole cash from Motelewski and threw away a suspected drug pipe.
He at first pleaded no contest to the charges of second-degree theft and tampering with physical evidence and was asking for a chance to keep convictions off his record. But last month he pleaded guilty and told Cardoza he wouldn't seek a deferral that could have led to the charges being dismissed if he complied with requirements of probation.
In his appearance in U.S. Magistrate Court, Galon, 37, admitted both the theft and the sexual assault. He is to be sentenced in September.
He faces up to a year in prison and a fine of up to $100,000. How is it possible that sexual assault by a police officer nets only "up to a year" in prison?!
He was allowed to remain free on an unsecured signature bond. Why? Any other offender found guilty of sexual assault would have been locked up.
Tuesday, May 24, 2011
Another Maui Police Officer Involved with Ice
A Maui police officer facing felony drug charges is asking to keep statements he made to police detectives from being used at a trial, with his attorney saying the officer didn't waive his constitutional rights before speaking with detectives.
Ryan Masada, an 18-year police veteran, has pleaded not guilty to charges of third-degree promotion of a dangerous drug and possessing drug paraphernalia.
The 40-year-old Makawao resident was charged with the offenses after police recovered a glass pipe containing crystal methamphetamine residue that Masada allegedly discarded Feb. 10, 2010, in the junior men's locker room at the Wailuku Police Station.
Ryan Masada, an 18-year police veteran, has pleaded not guilty to charges of third-degree promotion of a dangerous drug and possessing drug paraphernalia.
The 40-year-old Makawao resident was charged with the offenses after police recovered a glass pipe containing crystal methamphetamine residue that Masada allegedly discarded Feb. 10, 2010, in the junior men's locker room at the Wailuku Police Station.
Sunday, May 1, 2011
Maui Police Officer Nelson Johnson Assaults Publisher of Maui Time Newspaper
Read more at Maui Time Weekly
Office Nelson Johnson is also the same officer who shot Lisa Kaina in Paia point blank in the head. Kaina had stolen a car, was driving erratically at high speed and refused to comply with the officer. Maui County indemnified him but some wonder if this could have been resolved without killing Kaina. Given the explosive and bullying behavior that Johnson displays in this video, one begins to suspect that he perhaps escalated the situation when another officer could have ended the standoff without shooting her. Read more about the Lisa Kaina shooting here
He has also been reprimanded for being abusive and violating civil rights in the past. John Dunbar claims he was roughed up and driven through the cane fields on the way to the station and sued for false arrest. However Mr Dunbar has a reputation as an abusive bully and is an associate of the paranoid, compulsive liar Darleen Brothers, so one has a feeling that his truthfulness is suspect. The Court apparently thought so and dismissed Mr. Dunbar’s claims.
Each of the previous incidents has been explained away. But enough is enough and what we see in this video is inexcusable. Come on Police Commission. Time to get rid of this bad cop. Whether or not the other situations were justifiable, he’s obviously got some personality problems that cause him to escalate situations rather than calm them down as good cops do.
Former Maui Police Officer Charged with Sex Assault
The Maui Police Department took the right action – firing this officer - but why did it take 9 months to do it? And why did it take the Prosecuting Attorney a full year to file charges?
We’d charge cover-up and foot-dragging but this seems to be routine for Maui County. Is the Maui County Prosecuting Attorney’s office so understaffed that it takes them this long to interview a witness and file charges? If so, then let’s get them the staff they need and get rid of this backlog!
Former Maui Police Department officer Lewis Gamble
From the Maui News – Former Maui Police Department officer Lewis Gamble was arrested Tuesday on a Maui County grand jury indictment charging him with sexual assault, kidnapping and other charges, police said.
Gamble, 33, of Paia, was released after posting $250,000 bail, following his arrest at 11:06 a.m., said Lt. Wayne Ibarra, MPD spokesman.
The bench warrant charges Gamble with first-degree sexual assault, third-degree assault, impersonating a law enforcement officer, false reporting and kidnapping.
Ibarra said no additional information about the case was available Tuesday afternoon.
In an interview with The Maui News last year, a 41-year-old man reported being sexually assaulted by Gamble in early March last year after Gamble responded to the man’s home in Kihei to investigate a burglary report. The man said that Gamble, then a Kihei patrol officer, was in uniform and carrying a gun.
The man said he later underwent a sexual assault examination and spoke with police detectives and Internal Affairs officers.
The man also reported being chased and tackled by Gamble during an encounter three weeks later in Wailuku town.
Gamble was part of MPD’s 64th Recruit Class that graduated in December 2005.
Without naming the officer, an MPD report on internal investigations that concluded last October said an officer was suspended for 15 work days and terminated from employment for committing a criminal act in March 2010.
We’d charge cover-up and foot-dragging but this seems to be routine for Maui County. Is the Maui County Prosecuting Attorney’s office so understaffed that it takes them this long to interview a witness and file charges? If so, then let’s get them the staff they need and get rid of this backlog!
Former Maui Police Department officer Lewis Gamble
From the Maui News – Former Maui Police Department officer Lewis Gamble was arrested Tuesday on a Maui County grand jury indictment charging him with sexual assault, kidnapping and other charges, police said.
Gamble, 33, of Paia, was released after posting $250,000 bail, following his arrest at 11:06 a.m., said Lt. Wayne Ibarra, MPD spokesman.
The bench warrant charges Gamble with first-degree sexual assault, third-degree assault, impersonating a law enforcement officer, false reporting and kidnapping.
Ibarra said no additional information about the case was available Tuesday afternoon.
In an interview with The Maui News last year, a 41-year-old man reported being sexually assaulted by Gamble in early March last year after Gamble responded to the man’s home in Kihei to investigate a burglary report. The man said that Gamble, then a Kihei patrol officer, was in uniform and carrying a gun.
The man said he later underwent a sexual assault examination and spoke with police detectives and Internal Affairs officers.
The man also reported being chased and tackled by Gamble during an encounter three weeks later in Wailuku town.
Gamble was part of MPD’s 64th Recruit Class that graduated in December 2005.
Without naming the officer, an MPD report on internal investigations that concluded last October said an officer was suspended for 15 work days and terminated from employment for committing a criminal act in March 2010.
Haiku Chop Shop Back in Business
Come on Maui Police — go after the real criminals instead of handing out anti-marijuana pamphlets.
Which makes us wonder – how is Police Chief, Gary Yabuta getting away with using county employees and county funds to lobby against a proposed state bill decriminalizing marijuana?
We’re not accusing the Chief of corruption – only of a lapse in judgment and running afoul of the legal requirement that County resources cannot be used for lobbying purposes. His job is to enforce the laws that the voters decide upon — not to lobby against what is the overwhelming will of the voters – decriminalization of marijuana.
Why is the Police Commission letting this slide?
We admit to being just a bit sour that the police seem to go after easy drug targets (nonviolent, mostly law-abiding pot smokers) while seemingly being scared to face down the dangerous meth dealers and users.
Which makes us wonder – how is Police Chief, Gary Yabuta getting away with using county employees and county funds to lobby against a proposed state bill decriminalizing marijuana?
We’re not accusing the Chief of corruption – only of a lapse in judgment and running afoul of the legal requirement that County resources cannot be used for lobbying purposes. His job is to enforce the laws that the voters decide upon — not to lobby against what is the overwhelming will of the voters – decriminalization of marijuana.
Why is the Police Commission letting this slide?
We admit to being just a bit sour that the police seem to go after easy drug targets (nonviolent, mostly law-abiding pot smokers) while seemingly being scared to face down the dangerous meth dealers and users.
Why has Maui Assistant Police Chief Wayne Ribao been hanging out with suspected X dealer, Darlene Brothers?
Why did Maui Police Assistant Chief Wayne Ribao write a letter defending tweaker Darlene Brothers in her most recent (of many) restraining order trials?
We’ve suspected that certain Maui Police officers are involved in the drug trade for a long time. Is the rot at the top?
Here’s a little information on the obviously paranoid, alleged dealer that Chief Wayne Ribao is consorting with:
The unfortunate house mate who was accused of trying to poison her was advised by police to move out because, “we know she’s crazy but at a certain point we’ll have to put these accusations in the system and then they’ll follow you for the rest of your life.”
We question why the police have not arrested Darlene Brothers for the numerous false complaints she has filed. She has been using Maui County resources to persecute anyone who sets off her paranoid delusions.
Perhaps her connection with Chief Wayne Ribao is protecting her from the consequences of her actions?
But what is she doing for Ribao?
We’ve suspected that certain Maui Police officers are involved in the drug trade for a long time. Is the rot at the top?
Here’s a little information on the obviously paranoid, alleged dealer that Chief Wayne Ribao is consorting with:
- Darlene Brothers, a Canadian citizen has been accused in court documents of falsifying her work papers to illegally obtain a green card. She retains this green card despite having no regular employment on Maui.
- In the late 1990′s she made several police reports accusing her former house mate of “trying to poison her with rat poison”
- In court documents she accused a neighbor of throwing poisoned lilikoi into her yard which she claims to have eaten become violently ill from.
- In court documents she accused a neighbor of sneaking onto her property and injecting her bananas with poison.
- In court documents she accused a neighbor of spying on her to “listen to her pee”.
- Among restraining orders that have been filed against her is one by A&B Properties issued because she harassed the contractor building her house.
- She made false accusations of stalking against a neighbor which were thrown out of court.
- She wasted the court's time by not accepting her most recent restraining order which was upheld.
The unfortunate house mate who was accused of trying to poison her was advised by police to move out because, “we know she’s crazy but at a certain point we’ll have to put these accusations in the system and then they’ll follow you for the rest of your life.”
We question why the police have not arrested Darlene Brothers for the numerous false complaints she has filed. She has been using Maui County resources to persecute anyone who sets off her paranoid delusions.
Perhaps her connection with Chief Wayne Ribao is protecting her from the consequences of her actions?
But what is she doing for Ribao?
Polipoli Attack Revisted
Maui Police are ignoring the young man who, they say, “accidentally walked over a cliff” during a Polipoli rave. Funny that the physician who saw him said his face had been “kicked in”. And very reminiscent of other gang attacks going on at that time.
The gang in question got their kicks (so to speak) by cold cocking their innocent victim and then kicking the unconscious person in the head, face and body.
Rumors abound that the nephew of one of Maui’s “finest” was shielded from prosecution for this and other beatings. Witnesses tell of intimidation to prevent them from saying what happened.
Maui Police Department is silent on the accusations of cover-up.
The gang in question got their kicks (so to speak) by cold cocking their innocent victim and then kicking the unconscious person in the head, face and body.
Rumors abound that the nephew of one of Maui’s “finest” was shielded from prosecution for this and other beatings. Witnesses tell of intimidation to prevent them from saying what happened.
Maui Police Department is silent on the accusations of cover-up.
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