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R <br /> <br /> f <br /> To the Hawaii County Council <br /> County Building -Hilo Hawaii ~ r <br /> From Henry A. Ross - Kapaau ~V 'v Vt ~ ~ _ ~ ' ; „ , <br /> Re: Yo r Comm. No. 564. n s d of o n r <br /> outside tawvers to defend the oolice in civil law suit 9752 <br /> HAND-DELIVERED: 24 November 1997 <br /> 1 AM VEHEMENTLY OPPOSED TO SPENDING PUBLIC MONEY, an estimated <br /> $150,000 FOR THE DEFENSE OF POLICE IN A POLICE BRUTALITY CASE, that will be <br /> presented to you by Dep.Corporation Counsel Joseph Kamelamela, in executive session, as <br /> a conflict of interest case, which it is not. 3 local prosecutors who are intimately connected <br /> with the police in this case will be defended by Corporation Counsel (CC) and if they do not <br /> constitute a conflict with the County and the Mayor, who are also Defendants in the suit, then <br /> neither do the police. 1 submit that if you decide that there IS a conflict for the police and not <br /> for the prosecutors, the police must be referred to SHOPO for legal services. <br /> As far as the statute is concerned, specifically Section 52D-9 HRS, which mandates <br /> that the decision of the Police Commission shall be conclusive (for providing legal repre- <br /> sentation to the county police), I want to refer to item 16 of my sworn declaration filed in <br /> court on 14 Nov.`97, of which copies were served on all of you individually on the same date <br /> and which is attached hereto as Exhibit A.. For reasons stated therein that section of the <br /> statute is unconstitutional. But what is worse, the Police Commission went illegally into exe- <br /> cutive session with unrecorded deliberations on this subject, after conspiring with the police <br /> as they always do to keep it secret, because providing money for the defense of police in <br /> civil matters is NOT among the 6 reasons why they may convene an executive session, as <br /> are allowed by Section 92-5 HRS, the Sunshine Law, to which it is subject. A copy of HRS <br /> 92-5 with the six reasons is attached as Exhibit B. It would appear that this is corruption. <br /> From previously submitted documents, such as copies of my sworn complaint to the <br /> Police Commission of 13 November 1995, the County Council is aware that I was arrested 2 <br /> years ago in what is popularly known as the "cough drop case", for being falsely accused by <br /> Kalani Schutte's granddaughter of physical harassment when she was a cashier in the KTA <br /> Super Market in Kamuela, while in fact it was she who attacked me. The Police Commission <br /> had the case investigated but refused to grant me a contested case hearing which was indi- <br /> cated in this case pursuant to Section 91-14 Hawaii Revised Statutes (HRS), the decision of <br /> which is nwr pYpnding before the Supreme Court in appeal as is the criminal case against me <br /> and yet Esther case for Quo Warranto because the County Prosecuting Attorney, who dis- <br /> qualified his office from the criminal case, then illegally called in the Honolulu Prosecutor to <br /> handle the fake charges. t also filed for a Writ of Prohibition in the Supreme Court against <br /> Judge Jeffrey Choi for not disqualifying himself while he admitted on the record that ha was <br /> a friend of Barry Taniguchi, the President of KTA and sits on the same school board with i <br /> and also for selling his fish catch as a commercial fisherman to KTA. Judge Choi invented a~ <br /> ~ c~ » 6~1. <br /> r,3. <br /> Rer. iY~tE: 4 1997 <br /> <br />