COM 0564.002 1996-1998 - Laserfiche WebLink

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further all ac~licable state and counri laws and rules of practice and procedure. COUNT 7 - OTHER ILLEGALITIES BY THE PROSECUTORS 42. When documentation was requested by Plaintiff, the police hid behind the prosecutor and vice versa. The agreement with Garcia about exchanging discovery material was never followed, and stopped almost totally when Defendant Jay Kimura at the request of Plaintiff disqualified his whole office from the case and then instead of stepping back and sending the criminal case files to the Attorney General, as his legal superior, for disposition, illegally turned those files over to the Honolulu prosecutor for further prosecution in Hawaii County, without authorization, while that prosecutor has no jurisdiction here. This vas a violation of state law, backed up by case law and of county law, to the detriment of Plaintiff, who was plagued by deadlines for pre-trial motions and even had to postpone two shoulder operations to repair torn ligaments, caused by being hog-tied during transportation by the county police as per Count 2. above. 43. Garcia while handling the case initially further changed the original charges of assault and disorderly conduct, that had been determined over the phone by deputy prosecutor Defendant NVilliam Smith with Hickman (see item 28 supra) in a way that was legally totally unacceptable, to harassment, which again caused much grief to Plaintiff. 44. On 6 Deceimber 1995, almost 3 months after Ross' arrest, Garcia announced the disqualification of the Prosecuting Attomey and his staff, but refused to give a reason which was condoned by district court. It was only after filing for a writ of Quo Warranto in this Court many months later that the reason was given, namely to avoid the appearance of impropriety. This reflected back to a case (92-380) where this Court (Judge Kubota) had enjoined the Prosecuting Attorney from prosecuting Plaintiff in a matter that involved police brutality, which is still unresolved, and/or another civil case in this Court (Judge Nakamura) 95-390, where Plaintiff tried to have the County Prosecuting Attorney fulfill his ministerial duties under HRS 92. The latter one was and still is pending in appeal to the Supreme Court (No.19389) before the KTA arrest took place. This of course means that the disqualification of Defendant Jay Kimura and his staff must be held to be retro- active and neither Smith nor Garcia should ever have appeared as prosecutors in the tl-