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2019-12-11 Regular Session Minutes
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2019-12-11 Regular Session Minutes
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entrance in the Keahole Airport and block the roadway. I would <br /> be arrested by the local police department. Correct? And <br /> prosecuted by the local prosecuting. <br /> Mr. Roth: Possibly. You could be arrested by DLNR. And DLNR— <br /> DOCARE officers have been in charge of most of these arrests. <br /> However, even though they make the arrest, the Charter puts the <br /> hones on the County prosecutor to prosecute the laws of the <br /> County and the State. So actually most of the laws that we <br /> prosecute are State laws...but most of the times it's by a County <br /> officer making arrest. We do a lot of cases like if someone's at the <br /> park over here and they broke the law. Generally it's gonna be the <br /> DOCARE officers that will be making the arrest at the State park. <br /> And it will be our office that will be prosecuting. <br /> Mr. Robinson: Okay. I understand. Okay, great. <br /> Ms. Sumner-Mack: So if you were to... Is there any other system that you could use? <br /> To prosecute if without your intervention with this Chinese wall. <br /> Could your deputy prosecutor or other officials handle these cases? <br /> Mr. Roth: Absolutely. My deputy prosecutors would be prosecuting this... <br /> It was never the intent that I would go into court and handle any of <br /> these cases. I mean, everybody should realize that. Generally, at <br /> the misdemeanor and petty misdemeanor level, I give my deputies <br /> in court a lot of discretion to make decisions. You know, we have <br /> about 17,000 cases come through our office and in a year. So <br /> there's no way I could look after and make decisions on all of <br /> those cases. And so generally what I'd do is...on the felony cases <br /> that are serious or... Well the serious felony cases...like sex <br /> assaults, murders and things like that...they'll come and they'll ask <br /> me about plea agreements. There's some other cases that they'll <br /> ask...but on the felony level...I have a rule that you first...you go <br /> out and you talk to your victims and the police officers. And you <br /> know if they are going along with that...then you don't need to <br /> come to me. But if there's some other issues...there's just times <br /> when they'll have to come to me. But most of these cases...I <br /> wouldn't get involved with anyhow. They're just coming through <br /> our office. <br /> Ms. Sumner-Mack: So the next question is...why are they now being referred to the <br /> Attorney General's office? How did that come about? <br /> Mr. Roth: That came about because of the article that started this. In there <br /> was the assumption that was the appearance of impropriety and <br /> there was like conflict. Actually they claim that there was conflict <br /> 23 <br />
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