2005-11-18 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes November 18, 2005 Page 5 Regular session reconvened at 12:00 noon. ACTION ON EXECUTIVE SESSON MATTERS • Complaint HPC 05 -25: Complainant was involved in an auto accident. He alleged that an officer did not give him a chance to explain and did not ask if anyone was hurt. Vice Chair Lassiter moved and Commissioner Steckel seconded to decline further investigation because the complaint was received more than 60 days from the date of the incident. The motion carried unanimously. Complaint HPC 05 -28: Complainant was arrested for DUI. He alleged that during the traffic stop, he was not advised of his rights and was not given a roadside sobriety test. He also complained about the manner in which he was treated while at the police station. Commissioner Politano Steckel stated that in another case, they could not get enough evidence, and suggested that the Chief's office look into the complaint. Chair Bertsch stated that in the past they when they couldn't make a decision, they would send it to the Chief's office for review. They administratively discharged the case, but his feeling is that they were not fulfilling their obligation as a Police Commission. He recommended that they make a determination based on the facts they had. They could send it to Internal Affairs, their own investigator, or make a determination. Commissioner Morimoto moved that the complaint was unfounded. There was no second, and the motion died. Commissioner Kaoiwi moved that the officer be exonerated. There was no second, and the motion died. Commissioner Mitchell moved and Commissioner Robinson seconded to defer the complaint, and request that the officer and complainant attend the next meeting and provide additional information. Discussion: Commissioner Robinson stated this is probably one of the most articulate testimonies he's read, but the record shows that the complainant has a history of incidents relating to this type of behavior. Commissioner Politano Steckel pointed out that this 21 -year old has been arrested at least three times for the same thing. The motion to defer the complaint carried unanimously. Complaint HPC 05 -29: Complainant alleged that two officers attacked and beat him when he tried to stop them from arresting another man. Commissioner Lundkvist moved and Commissioner Kaoiwi seconded to exonerate the officer. Discussion: Chair Bertsch stated his personal opinion that if they refer it to their investigator or Internal Affairs, they would get the same "he said" "she said" situation. Commissioner Morimoto stated that the motion is to exonerate. Exonerate means the incident