2011-10-21 Police Commission Minutes

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Hawai‘i Police Commission Regular Session Minutes October 21, 2011 Page 5 ACTION ON EXECUTIVE SESSION MATTERS Correspondence No. 2011-12, request for representation by Corporation Counsel in Civil No. CV 11-00516 SOM-BMK for Police Chief Harry Kubojiri. Correspondence No. 2011-13, request for representation by Corporation Counsel in Civil No. CV11-00512-BMK for Police Lieutenant Gregory Esteban and Police Officers John Stewart, Corey Hasegawa, and Casey Cabral. Correspondence No. 2011-14, request for representation by Corporation Counsel in Civil No. 10-1-0099, for Police Detective Brian Prudencio and other named defendants. Vice Chair Victorine moved to approve representation by Corporation Counsel for the officers named in Correspondence 2011-12, 2011-13, and 2011-14. Commissioner Ono seconded the motion, and it carried unanimously. Complaint HPC 11-22: Complainant alleged that an officer’s investigation is a conflict of interest, and that the officer has been showboating and harassing them. Vice Chair Victorine moved that there was insufficient evidence to prove the complainant’s allegations of misconduct. Commissioner Horner seconded the motion, and it carried unanimously. Complaint HPC 11-24: Complainant alleged that questioning of him in an investigation was harassment and that he was lied to. Vice Chair Victorine moved that there was insufficient evidence to prove the complainant’s allegations of misconduct. Commissioner Ono seconded the motion, and it carried unanimously. Complaint HPC 11-25: Complainant complained that the person who assaulted her was not arrested. The complaint was received 132 days from the date of the incident.The commission accepted the complaint beyond the 90-day deadline. Commissioner Ignacio moved that there was insufficient evidence to prove the complainant’s allegations of misconduct against Officer #1. Vice Chair Victorine seconded the motion, and it carried unanimously. Commissioner Sumja moved to refer the complaint to the Chief for customer service and training issues for Officer #2. Vice Chair Victorine seconded the motion, and it carried unanimously. Complaint HPC 11-26: Complainant complained that her assault case from 14 years ago was never resolved. Commissioner Horner moved that they do not accept the complaint for investigation because of the 90-day rule. Vice Chair Victorine seconded the motion. Discussion: They will check if the audio tape of the complainant’s interview during the investigation is still available for complainant to obtain. The motion carried unanimously.