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pursuant to Hawaii Revised Statutes Chapter 91, is for any person, who is <br />aggrieved or dissatisfied with this Board's decision, appeal this Board's decision <br />to the circuit court. That's the mechanism that Ms. Botelho should have used. <br />Further, Ms. Botelho sets forth that there was newly discovered evidence <br />of this child witness interview that occurred with Joyce Seelen; however, it is not <br />newly discovered evidence that she was unable to rebut or defend during the <br />actual appeal hearing before this Board. <br />Prosecuting Attorney Jay Kimura's letter informing Ms. Botelho that her <br />probation was terminated already put her on notice that one of the bases was <br />inappropriate actions during a child interview. Joyce Seelen testified during two <br />days before this Board. The two hearing dates before this Board were a month <br />apart and Ms. Seelen already testified to the child interview during day one and <br />started cross examination on day two. During that interim period, Ms. Botelho <br />and her attorney could have produced any rebuttal or contradicting evidence at <br />the time of the second day of the hearing. <br />Because there's no rule, and the proper recourse for Ms. Botelho was to <br />have filed an appeal of the MAB's decision with circuit court, the County asks <br />that this Board either 1) take no action on Ms. Botelho's motion for <br />reconsideration, as this Board does not have jurisdiction over her current <br />motion; or 2) in the alternative to deny her motion. <br />Ms. Botelho stated that she was unable to locate these witnesses in time. It <br />was very difficult to find them. She had brought with her, at that time, Mr. de <br />Silva whose statements indicated that Ms. Seelen was not credible in his case and <br />now she's been able to find these people who also state that Ms. Seelen was not <br />credible regarding their meeting, so she humbly asks for the Board's <br />reconsideration. <br />MOTION: Vice Chair Yoshiyama moved to convene into an executive <br />session to consult with the Board's counsel. The motion was <br />seconded by Mr. Rowe and unanimously carried. <br />The Board convened into an executive session at 10:12 a.m. and <br />reconvened into its regular meeting at 10:15 a.m. <br />3 <br />