2006-07-21 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes July 21, 2006 Page 5 COMPLAINT HPC 06 -07: Complainant was arrested for disorderly conduct. She alleged that while in jail, she was refused assistance for her incontinence, was mistreated, and humiliated. Commissioner Kaoiwi moved and Commissioner Whittemore seconded that there was insufficient evidence to prove the complainant's allegations. The motion carried unanimously. Corporation Counsel Ashida will draft a letter to the Chief asking him for a follow -up on the commission's concerns. He will send a letter to the complainant explaining the commission's finding. COMPLAINT HPC 06 -08: Complainant complained about the manner in which she was treated during a traffic stop. She also alleged that she was not told why she was being arrested. Vice Chair Morimoto moved and Commissioner Whittemore seconded that there was insufficient evidence to prove the complainant's allegations. The motion carried unanimously. COMPLAINT HPC 06 -09: Complainant alleged that two officers did not acknowledge that he had joint custody of his daughter and that they allowed another party to take his daughter away. Commissioner Frazier moved and Commissioner Lundkvist seconded to defer the complaint to the next meeting and again ask the complainant and officers to attend and give a statement. The motion carried unanimously. • COMPLAINT HPC 06 -10: Complainant alleged that an officer created a contrived DUI charge and arrest and subsequently lied about the incident. Corporation Counsel Ashida stated that they could rule on the 60 -day deadline or waive it and make a decision. The complainant was convicted in court. Commissioner Lundkvist moved and Commissioner Whittemore seconded to decline acceptance and further investigation because the complaint was received more than 60 days from the date of the incident. Discussion: Commissioner Whittemore stated that the complainant did a negative campaign against the officer. He felt the officer handled himself very well. The motion was defeated with only Commissioner Lundkvist voting yes. Vice Chair Morimoto moved and Commissioner Politano Steckel seconded to waive the 60 -day rule. Discussion: Commissioner Lundkvist stated that the complainant was convicted in court, and he now wants to point the finger at the officer. Commissioner Whittemore stated that the officer said the complainant ran away and was tackled. The complainant stated that he was just standing. The judge must have seen all that. The motion to waive the 60 -day rule carried with a no vote from Commissioner Lundkvist. Commissioner Kaoiwi moved and Commissioner Frazier seconded that there was insufficient evidence to prove the complainant's allegations. The motion carried unanimously.