2008-09-19 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes September 19, 2008 Page 5 ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 08 -18: Complainant alleged that when officers came to her house for an assault complaint, they did not show identification, asked her to open a locked gate, and did not have a search warrant. Commissioner Lundkvist moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Morimoto seconded the motion, and it carried unanimously. • Complaint HPC 08 -21: Complainant alleged that an officer did not have probable cause for a traffic stop, followed him home, and then used the electronic control device on him. Commissioner Kaoiwi moved to refer the complaint to the Chief for an investigation by Internal Affairs. Vice Chair Whittemore seconded the motion, and it carried with ayes by Kaoiwi, Lundkvist, Whittemore, Lassiter, and Sumja. Nays were called by Behenna, Morimoto, and Politano Steckel. Commissioner Behenna also moved that the complaint be referred to the Chief for customer service, procedural, and operational concerns as presented in the complaint. Vice Chair Whittemore seconded the motion, and it carried unanimously. • Complaint HPC 08 -22: Complainant alleged that officers beat him during his arrest. Commissioner Kaoiwi moved that there was insufficient evidence to prove the complainant's allegations. Vice Chair Whittemore seconded the motion, and it carried unanimously. • Complaint HPC 08 -23: Complainant alleged that officers did not respond immediately about her children's father breaking a TRO, and that he was released after his arrest. Ms. Pelayo reported that the complainant has withdrawn her complaint. Since filing the complaint she has spoken to the police and has a better understanding of the situation. • Complaint HPC 08 -25: Complainant alleged that during his arrest, he was pushed to the ground and his head stomped on. Commissioner Lundkvist moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Morimoto seconded the motion, and it carried unanimously. • Complaint HPC 08 -26: Complainant alleged that the Hawaii State Police Force is harassing him through a network of radio waves. Commissioner Lundkvist moved that there was insufficient evidence to prove the complainant's allegations. Vice Chair Whittemore seconded the motion. Discussion. Commissioner Morimoto stated that he would like to decline further investigation because it is speculative or purely hypothetical and not based on facts. Commissioner Behenna agreed and stated that this is not within their jurisdiction and they have no control over state police or airways. The motion carried unanimously. • Complaint HPC 08 -27: Complainant alleged that an officer questioned her minor daughter at school without first contacting her. Commissioner Kaoiwi moved to refer the complaint to the Chief for customer service, procedural, and operational concerns as