HomeMy WebLinkAboutCOM 0491.001 1998-2000 ? w:ll be opposing the approval the n;sminatiort of Aaul Kierkicw~cz to the is the Hawar County
Liyuor Control Adjudication Board,° Cotnmutucation 491 whic comes before the Committee on
Finance on Tuesday, October 26, 1999.
I u~I) be referrng to the enclosed ~?o^,:ments. ? ~T'iII be opposing the approval of no^ti^.atio^.
bascu uil ilte following:
Mr. Kierkiewicz was arrested for DI3I on March 22. 1996. He failed Seld sobriety tests and then
refused io take breathalyzer or blood alcohol tests. He subsequently was aquitted on DLn
charges because of what he adnuts was a technicality.
it appears from the record in this case that it is very likely that he received special consideration
from roimty government and from the courts to the detriment of gexxt government
It appears frum bus record that he Lied io the arresting police offerer. Never a guud ailribute in a
person who holds public office.
In addition to the fac*. thwt Dlr. Kierkie~~~iez adtuts to get±ing off on a legal technica!iry, his oe~m
words suggest that he is not aware of lus duties as a public official.
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iZef. Date OCT 2 6 1999
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&-FiawalL~Ttibuna;:Ha?ald, TLaday,,,Apd1;9, 1908
.
pUt arr~es~~was~not_;;ypdatedu?[, ~ ~ , ,
~'~nd not just iazreste~~~ witfi dri gC1u~nde the. infle n ge.d ,t ~ i
~
of alcahai and. speeding; on Mazch 22 '~t : ` '
t~- on the incident came: from as en on c
:4:Macchi27 ~ ry:,.; , , ~ f
'.the. policeliulletih„
t~vhtch;Lsts. those. who have been arrested
.and chazged: Bht .that. bulletiti initially showed -that Kierkiew-
icz was arrested only:'.;»~:' - ~ y3
The;entry~ was.ppdatetiaseverah days~latez;to reflect! Kierk- ~ ~
iewicz being charged. only'aftet'the~, Tribune Herald`leained of ~ i.
the `clia'iga aada§ke¢~Police twhy' it! was •not~ Doti the bulletin.. i
Capt. ~Iiawrence. Mahttnai said a ,rookie .officer forgot. to up- 't i
~~afe -ttie'tiullbtiaadding that rfieither officer handling the case 9 ~
F
1mew~Kierkiewtcz.~.'Y ~ ~ - i i I
Kiezkiewicz was'teleased'after' pasting 5150 bail. x .R
s
3
6A -West Sawaii Today, ILesday, .March .6. 1996
Liquor cammissiorier char~es~ tivit~ DUi S#a~e
By JASON AAMSTAONG ~ also would not discuss whether he feels the ac;ions of
West I"iawall 7Gddy public board and commission members should be Hate{ s~
13IL0 -Hawaii County Liquor Commissioner held rti a hieher standard than those of typical resi-
Paul Kierkiewic2 -one of seven appointed mein- ~nts• Qn the r
bas enavsted with adopting local laws gove..rtint Kierkiewicz was appointed by y(ayor Stephen gONOLtiL
alcohol use -has been arrested and charged with Yamashitro to serve afive-year tern on the commis-
drunk driving, according to police. Sion responsible for awarding liquor licenses. of Hawaii hate
Kierkiewicz, 37, was arrested I:OS a.m. Friday and Caun[y Liquor Convol Dirercr Janice Pdke!e and sale prc
charted with opetadnt a motor vehicle with ablood- could not be reached t'ar comment rebound
alcohol cancan[ exceeding the SLate limit of 0.3 pet- Dei Ptanke, a community wa[chdos who admits a Vsi[or ind~
cent, police said, He also was d[ed [or speeding past drinking problem, called for Kierkiewicz to hotel brakes s.
along Hilo's Kanoelehua Ave. etdaer voluntarily resit or be removed by dte coon- eign invesio~
°I fee! I'm innocent I wasn't drunk." Kierkiewicz ty council. "People who serve on the Liquor Hawaii hotel p
said r~[onday evening. Asked to elabora[e on his Commission, who have a drinkins problem, could be About 10
alleged lack of guilt, Kierkiewicz refused [o tom- Put under undo pressure and should hot serve on the Waikiki hotels
men[ funkier, ocher than to acknowfedee his arrest Ee commission," Franke said. sale because the
trouble makine
• ed purchases pr
t~~~~~aries In the past se
bet of hotels ht
Isabel Benevides The family request, casual attire and ncw- nrs renremem m t4c's -,e .vdrked as a ran [ion of their c.
Isabel 3enemdes: 6~, or Hilo, tied ors pe omitted. tort' supennrendent -:,r Kohala Sugar Co. previous value.
'Nednesdav at net resrCenca. 3om Sect. he is survrveC Cv net parents, : alaniko and a member cf Kalanikidla
9", ' 929 in Hilo, she .vas a rented ushererte and Sasae Gugu ci Hilo: sisters. F!orenc2 Cangreganonal Church n Kohala. .~nalys[S 1150
wnh n;e +om:er PalacE Theatre and a Gugu and Simala Guqu, oath cf Hilo: Fnends may an 2 1.m. Samrcay a[ ancy and room
member of ?drtuguese Curtural C:uo, brother, James Gugu pf Hilo: datemal Hdkuloa United ChurCn Ot G,nst 'n Puakd COmt)etiilOn lint
Ainaela Dnve Kumiar and St. Josabn "grndcarenis, Poe and Lcs+ Gugu Ct 'or a memonal service. . ,
Catbclic Church. ''western Samoa: ^atemal grandfather, He is survived w cis ~.wfe, Nand ins push ptice5
FnenCS may call a" p. m. 'NeCnestlay of RimCnl Fata of -lid: numerous unc:es. E!ilabeth Ednia o Silvertcn, Idaho:
Dcco Mcnuary Chanel icr a 7 p.m. wake aunts and cdusms. daughter, Margaret '-em Edme (Georges
Service. Fnends may again call n a.m. 'Ccco Mortuary nc. Is handling the Fraser of volcano: sdn. James 'N. Flre heIIC
ThursCaY a[ St. Joseph Catholic Church zrrangements. (Manlyn) ECnie Cf ''-i!c: ]rather. Emesi
fora 72x5 p. m, funeral !AasS. 9unal mil Ednia of Honolulu: six ;randenntlren: wo helps re~
loucw at Hawaii veterans Cemetery No. 2. Abraham GfaC2 great-grandchedren.
The family reduests casual anire and Abraham Nelscn Grace. 57, of `Naimea. HOIYOLL'L L
Sower be omined. died .March 18 at SL Francs Medical William Botelho Department E
She is survrveo by her husband, 'Klliam Canter. 3om July 3.:938 in Honolulu, he William "Nillie" " ocmpa' S. 3otelho.
P. 3enewdes Sr. of Hilo: sans, `Nilliam was a ccnstrucpon ccntrac;or, profession- 90, of Honokaa. died Saturday at his rest C1eIDCn[ Chun h~
(La0 3enemCes Jr. of Hilo and David Allen al entertainer ant 3 member of Hw dente. 3om in Honokaa. ce was a ranretl td make Sunday,
(7racey) Benevldes of Naalenu: Caugh;er, Malama and LOKo Mai Kat Hawaiian Clud. HELCO employee ane a 'uA time nsner- '
Manlyn KamaKawlwodle of Honokaa: Fnends may call 3 a.m. Saturday at man at Kawalhae. Either conduct
brothers, .Moses (Rita) RcCngues antl Cburcn of Jesus Chnst of Latter Day Fnends may call 9 a.m. 'nursday at Our Opera(IOn [0 sa~•
Albert (Elves Rodngues. bdin cf ?aamlo; Saints. Aiea for a it a.m, servlce. Lady of Lourdes ;HCnokaa Catholic sl0 es of,Vloun[C
sisters. Mary DeMartos Or Hilo antl Cremation mil fotlow. Tito faintly reduests Church) fbf a t0 a.m. ?Aa55. interment ~MII p
RoseMane (ROOert) Jareine of casual amre and flowers 6e omrtl:d. fonow at Botelho Family Cemetery. The OwneS g0 1I'[er
Laupaneenee; 10 grandcnilden; hvo He ~5 survved by pis sons. Abraham K. family reduests casual afore and ndwers perhaps get in«
great-grandchndren; numerous nephews Grata, Vance Grace. Samuel Grata and he omined.
and rneces. Michael Grata: daugmers, Lilia Grata and He ~s survved by his mie, Alice Olival Selves.
Dodo Mortuary Inc. is handling Ne Gly Grace: brothers. Arthur Grace Jr.. Botelho of Honokaa: stn, William D. Chun decided it
arrangements. George Grace. EC'ward Grace and (Jackie) Botelho of Smith. Nev.; Baugh- deoarimen[ c0 res.
RiG'lard Grace: sisters. Laura Inouye and tars. Faye Bernadette (Glenn) Botelho- Old Bolden Lab[:'.
Faith Gu lJ Leimoml 3ecknam: t9 grandchidren. Ruffs of 'Naimea and Rita 'N. Botelho of _
Fadh relesia Gugu, g of Hilo, died Kenai. Alaska: sisters. Emesene (Dick) fallen off a trail dt
Wednesday at Kaplolanl `NOmen's antl William Ednia 'Naldxunas. Vivian larere and Josephine its Kaneohe owner
Children's Hosoual on Oahu. 3om July 70, 'Nilliam Pulsar Ednia. 92, of Silverton, (David) Dingman. all ct Canu: sister,n-
1987 m HdndlulU, she was a student at Itlaho, died March 19 a[ Kootenai Medical law, Florence Bb(elho of Honokaa; seven The depaCCme
Chiefess Kapiolani Elementary Sccal. Carver in Coeur'd Alone. Idaho. 3om Nov. grandchildren; 12 great-grandchildren: found the dog, wh:
Fnends may call 71 a.m. Thursday a[ 24, 1903 in Forfar, SGnand. he lived in numerous nephews, rneces and cousins. 6t' a rescue man. 'I'
Dodo Mortuary Chanel fora 2 p.m. funeral Norch Kohala and P~axo from 7930-93, Membnal Mortuary Hilo ~s handling Ne w
servlce. Bunal will fonow a[Alae Cemetery. Olen moved td Joann in AugUSt 199 Unal arrngements. to a veterinarian,
had broken trs jaw.
...Court to look at English a fficiai language owners of thedogc
From Page 1 A should value "the cthure, the tradi- -Turned down Louisiana's bid up and ge[ [he di
_ _ _ - - [ions of everybody." m rienv ~Aewo,.^'a o.•_.-. -
- ,
_ , y ° _
'K.'... ~:'~n\ti...~`•'Q,LtQY'~ '~.W'...4 ~
~~'~!_'-'i'ix-s.:.~v~.--a `s ..F. i'nus~an *c-sw~a•~~=: ~'c•.S a =-rl-.-'~
!ti .ti .ne-. _ .a -
:a~ThGsCYC11t_ ~08Li.c-..r-
k' :
~ i~~ ;,,•part~*1 SpresentI~ng~a~plaifatm„s~eTope~oa~a~receaize
~ -
-.CKat,,gBcrided, bgorandtdates~ attd asaoccabees:, ' ~ ' ~ "
Registration bogins. atTJ':3~:"a.m. _ . r~ .
The, keynote', speech will.be from- County.,Councilmembec .
Tim Rath,.who'is expected::to run. for mayor: this year -
_ . =For more information about the
~:conventi'on,. contact. Moe;aC
.982,6037.: - -_..:r,. . , : ~.1 L;!
_
:r s. - .ic
~Lwe~bombmg`today at PTA , m.,:
~ ~;A'~sgnadro>~of:;jets vuill.be dtopping.live.bombs on.tazgeYs:'
- at Potiakuloa Training Area::this morning .The' Marme Corps'''
sazd the=live bombing >s 4scheauled'lo'lieginw at 8 a.m:o
{qp.~-.wc~.< s:~,.n-`" da'~ •'dhs 'Tlt6 F/A-18A.7ets,~ParfRpf`'a
gc+oup'fro~
k~'basc to Texas; .
ASHI ~OJ KAMII are faYmg' part ta. two,~.oteeks of trammg exeretsea~Yavol '
,17nt• ,..a n .f~.fi`*irY. 7Ci.I ~ ~ ''~MSI11nC3 ~baSGd at -~221C0<lC~O ~ oShu. . >;.3`J~r•9 YY..~,y, -
.aki ~ ~ ~ ~ .cwt" ~ >`~i: ~ y...rs-~RiL,.,.. ~ P..xfR' ...a"^rEi. uf. ~
++s ~ ~r^''~~ . - t rs 3.,:.'~t 7Z'.s "ii .ice "C 7~.7 - .tiro .»r
L(quor_ pane(ist'~denies DU(~ r
~~de R~u~sian Mirz ,F _ a~, ~.~;~:?w;,..•-~a- . ~
o3..z .Cdunty.Liquor Commtstianer.:I?aul.I{ierkiewicx was az>,..z:.
"j" . ; - rested far allegedly _'driving:;under,the influence of alcohol,""
-early"Friday morning, acwrding• to:-police booking retards:
k
- ~ ~ - _ Riezfdewier, 37,.. declined .to discuss the incident yesterday;'-,.
Russians "spend a lot~of time - saying. only that,°My contention is~ that I am not. gmlty"...=~
1Cierkiewicz was: appointed to the. seven-member Ltquat
in and trainin their- crews to
g g Commission m 1994. Among other things. the comm,c~,aa're-_
~{L]l,,'(~Oll~t hit 5, yOt~~Can A Kti y~vtews business apphcarions So~jignor licenses.
w,,,,«.....,w: w sr --When asked rf hts,Iarres wool' affect 1115 im azd
lie' ou'~can t ab that type 1~.,, r, - p • -~°atu°a- - -
- ~ r-,.... ,as,a.;jtquor., consmrssionern_~C'rerk3ewi~ sazd that...4d4snorL..:~-- -
.:L' , ~ should'bd directe3' to IIeparmient of'Liquor Controt Director .
. - - Janice Pakele. _
PakeIe was unavailable for •commeat yesterday. - i`
• According to the police. booking log, Kierkeiwi¢ was az-~
e careful,.. don't ~~hit scan outpost. rested. 'at about 1:00 a.m. Friday: an Highway 11. far speed-
xn grab: this, you As for cIeaaing the cluttered ing and driving under ;the influence of alcohol.-
tat type things," said station, all three occupants will ~ << _
• NASA's. mission do their shaze, Lucid said yes=' _ .
representaave. •"We terday- Before Lucid rocketed
want to da all that into orbit aboard Atlantis on Fn " ' ~ ~ ~ ~ "
x n
erican. clews" day; "a Russzan space offictai =~;I~I~SIQ@ S~~[~C~~~~C~-=~I~e. ~$~i~S4
time NASA astro- said . he was glad to have a wo ~ E r °=w~ , i?
frmed a spacewallr man on Mil "because we know "1~Yng~at~,l~~~~na~~en~e^~e~-~ j;
pace station was at that-women love to clean." °~~u,,,, ~ ~ b ~ :
3rst shtiWevfiight~ •^'°I'hat kind of thinking doesn't ~QPASHI2!FCrT
~ ~-~'ag~.lt~gevcoE;.fitmself::., i
r, meanwhile,..NASA bother me," Lucid said m a `;~d~ ~~~>?~C'"~~~~',~,~II~O~~~`~~ `
Shannon Lucid said space-to ground ..news ..confer ~"senator` from Adsmne~a~+ ' i
ag forward to Atlaa- .ease' ~"I mea~P,m here,-and we ~~o~'Stat~QiM "'butte ' « ~K~"~' , .
« . , ~ z r,,
re tomorrow so she alI:•work,;togetfier fo ,beep the a ~emeY _
to a marine with her place:':prettq' adg:' ~ ~ ~ '
i. crewmates and -get Lucid is only., the thtrd` wok z~
ier science research. maa,2and ~ the' first 'Amencaaz ~ ~ ' eo a scar
=-spend. neatly:five woman;."~o ILVC oa the 10-year; ~
is ~rLr
and the-orbttmg-Ras- old Mu t•~'r~~: 3y ~ -
11
'tom ~ t !•"~S s..~, d ~ ~A{~ y . j7• R' ~3 .
' f '`gyp" •r, {t 1'~.
v i e ' ~ • ~ ~ k~~'
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i nati;on `is over p. y
r s, • "form' ~`anatt-:.tolreagua;~`"st¢e-"e~rchtYOS. at'hn ahna:ma~
teT~,BatG4"~Alle In Le
v* *C..Hollia~o#~"~~Cac~ fir;
r
L,rr . ~ : ~ ~ o r. e~w er~'1~famrti=.orthe Fdmnad^~5
~ ;ff.;;:
be{welcomed. to•.the ,Uarted ~
batziez•to what Ross Stales; shghtlX fewer,shared Bu ' ABP ~ School of:.Pnbltc Sect,
porters believe is is. chaaan's vtear `that 'the Umted sued tCs~_Soa~^`ofk""th~ i~T~° j- a t5c:~~,7+mvess~''oi:` Sotttfiet>rr
s'eaa 'llma"aad ]II"s 0 ^,.,t A
" i]ole-`said' in rho- Stator couldn't afford any more ~e~r,~~.. R ='~~'~`"•s-:•.
vv~ v~ ~t~.a~ ~v
against
Kierkiewicz
is dropped
? Lack of evidence, ~:t::~~~:b~
prosecutor says of `.`~t7 ~ ~ ~ ~ y
li uor commissioner m ~ " ~ ~ ~ C
Q ~a*x~ ~ n d m d F• m~
By Crystal Kua L / R o. ~ m ¦ ¦
Tribune-Herald Tit a~ ~ g/996 gg ;~.c a
Z.mF :,•m
Prosecutors on Wednesday dis- m.w , s f ~ ~ Z
n ~•C m
missed a drunk driving chaige m, r' d a a o
against county Liquor Commis- 3y4~'~~""'~
sinner Paul Kierkiewicz because Kierkiewicz appeazed before the - r« ~ ~ ~ a
they didn't have the evidence to ' hearings officer as part of an ~ ~Q ~ ~ ° on
convict him of that charge. administrative driver's license hx'~Tn .i ~
~s tTw wsn.
"We would not have been able revocation hearing which .would i
to prove it beyond a reasonable determine whether Kierkiewicz ~ rr•"~ n, o ii/
doubt," Deputy Prosecutor Irene would have his license taken away ~ `"u`~ ~ ~ ~ p ~
Zweber said. for a certain period. e n ,g ~ /A
Kierkiewicz was arrested and i "The hearings officer in making F ~m Q 'o" c \ii
charged with driving under the the determination found the evi- ' 'eta n ~ an
influenec`o~ alcohol and speeding" dance didn't support the refusal but. ~ ~'C`,, c. a ~ ~ i
during the early morning htitus of did find cause for the revocation,"-, ~g ~b:_~ o a ~
March 22. He was released' after said Ronald Sakata of the state { e ° c °;:o, ^ ~ O I
posting $15o bait. ~ Administrative Driver's Liceaae ~ E'r y g
Zweber said that Kieikiewicz~ o. .3 n rn m.
Rt:vocation office. ~ < o ~ !
M to rn r
was originally stopped for speed- ~ De Lima, who represented 7 * o A o j
ing and he failed some of the field Kierkiewicz Burin the hearin ~ ~ ~
sobriety tests. said that notice of
We revot~tioo a ~ ~ ~ °a ~ A
Althou there was sufficient b°. ii
~ proceedings were not properly giv- gg .,x o a.... a
probable cause to arrest him, Zwe- en to Kierkiewicz b hce when 1 ;.Jt"~~
bar said, the prosecution's court 6e was arrested. Y ~ l ~ ~ " - f0
case was missing a key piece of . "(The hearing) determined that + ~ ~ ~ ~ ~ y y o
evidence. the advice of sanctions adminis- a. ~
"First, we did not have blood tared to Mr. Kierkiewicz did not ~ ~ c ~ m e „
alcohol content tests," Zweber conform with the law," De Lima ~ ~ d. ~ ~ ~ o
said. said. R R o v
That's because Kierkiewicz o .
refused to take either a blood or See DUI, , y Y. a ~ y
breath test to determine if his blood Pege 12 ~ 6: $ R e ~ o
alcohol content was above the legal ~ "'a? 0 1?' ~ m m
limit, Zweber said. m : ,g a a
Prosecutors can't use the refusal I g
as evidence in a DUI case, she said. B-~ ~ Y B
A liquor control investigation
showed that Kierkiewicz drank two m Est: o; ~ g
lasses of wine over a eriod of H <
~me, she said. "It warn' Pimmedi- y ~ ~ o ~ o
ately before he was driving," Zwe- s 8 oa' ~ ~ ~ m „
bar said. ~ ~ o. ~ ' y~' ~ $ O
Kierkiewicz s attorney, Brian $ _
De Lima, said that Kierkiewicz o ~ E" 9 ~ ~
also had a cold and "flu-like symp- ~ ° ~ g_. 6•w c
toms" that "could have been misin- ~ o `b" c c
terpreted by the officer. ~ ~ ~
Although police and prosecutors ° e o. "
:ontend that Kierkiewicz did y
~efuse to take the blood alcohol ~ ~ ~ F ~ ~
;ontent test, he didn't receive any ~ B, , n
tdditional penalties for that refusal
Because a hearings officer in a par-
dlel proceeding determined that
here was no evidence of the
Y: F. t..
~J
C~Op~ _
DEPARTMENT OF LIQUOR CONTROL NO. H95-451
COUNTY OF HAWAII
ASSIGNMENT SHEET
DISTRICTHilo INVESTIGATOR Hudman DATE 3-21/22-96
LICENSEE/COMPLAINANT SPECIAL ASSIGNMENT (bv Superv Inv T Wona)
LICENSE NUMBER
ADDRESS PHONE
POLICE REPORT NO. E-91538(DUI)
SYNOPSIS OF REPORT: 3-22-96. 0745 am received
assignment from Supervising Liquor Control Investigator Ted WONG
to ascertain anv information available relative to the above cited
Police report. Information obtained is filed on seperate
supplementarv report.
DEPARTMENT NOTATION/POSSIBLE VIOLATZON: Refer to supplementary.
INVESTIGATOR'S NOTATION: See Supplementary.
ACTION TAREN:
PRELIMINARY DATE: March 22, 1996
DATE SUBMITTED: March 22 1996 ~
INVESTIGATOR: Glenn K. Hudma -
SUPERVISOR: Theodore Wong /
DISPOSITION: CLOSED/CONTINUING
~q ~
Department of Liquor Control INVESTIGATION
County of Hawaii E-91538
INV III Glenn K. Hudman DUI
Page 7 of 12 pages
KIER_TZIEWICZ INTERVIEW CONTINUED:
He drove from Harringtons down Banyan Drive, to conduct a premises
check of the "Ice-House" a business owned by him. Stated that he
normally does this in that he has had problems with vandalism, and
ammonia leaks. He then left the ice-house drove back on thru the
lights at Kanoelehua where he was stopped initially for speeding.
Had nothing further to add. Interview terminated at 11:12 AM.
HCPD- OFFICER MARCOS SANTOS:
4-1-96: 3:25 PM, received a telephone call from one:
Marcos SANTOS, Police Officer
County of Hawaii
Hilc District
who identified himself as the arresting officer in this report.
Information provided was that he while at a stationary radar post,
clocked a vehicle doing 47 MPH in a 35 MPH zone. He stated the
stop was routine, the driver pulled over to the right shoulder with
no apparent problem.
When Santos got up to the vehicle however, he detected an odor of
an alcoholic beverage within the vehicle and on the breath of the
driver whom he identified as (Mr) Paul Kierkiewicz. Noticed also,
was a flushed red skin tone, and blood shot eyes. He asked the
driver to exit the vehicle and noticed then that he had trouble
standing- kept swaying from right to left.
SANTOS suspected possible a possible DUI and asked the driver to
perform the Field Sobriety Exam which consisted of several
coordination activities requiring walking, turning and listening to
and responding to instruction and an HGN (eye test to determine
possible intoxication) which he claimed the driver could not
perform satisfactorily.
With that, he was placed under arrest for Driving Under the
Influence of Intoxicating Liquor and transported to the police
station for processing.
Sb
Department of Liquor Control INVESTIGATION
County of Hawaii E-91538
INV III Glenn K. Hudman DUI
Page S of 12 pages
while at the police station, driver refused to submit to a test of
his breath or blood. After being informed of the sanctions
contained within the Implied Consent section, Driver still refused
to take either test, his motor vehicle operator's license was
administratively revoked under the Implied Consent law provision.
When asked by writer, Ofcr SANTOS replied that driver did state
that he was at the Hawaii Naniloa Hotel just prior to the stop.
Santos had nothing further, and this interview was terminated.
FOLLOW UP REQUESTED:
4-1-96, 4:20 PM, Investigator Robert SPIDELL was assigned to
conduct a check of the Hawaii Naniloa premise relative to this
information £rom Ofcr Santos.
SPIDELL learned that the Assistant Manager/Bartendress ~
was on day off and the bar at that time was closed. He left
a message to have the Manager contact this writer.
HAWAII NANILOA HOTEL:
4-2-96, at about 0810 AM, I received a telephone call from:
Manager, Hawaii Naniloa Hotel
regarding the request for information by Investigator SPIDELL and
another incident with which she required information.
Stated that she was snot sure what time the bar may have closed on
the night of 3-21-96, but that would have been the
manager on that night. ~ stated that she would check into
it, and get the information back to me.
HAWAII NANILOA HOTEL- ATTORNEY:
4-2-96: at about 11:10 AM, received the following information
from:
Attorney for Hotel
Oahu Office
'
a
Department of Liquor Control INVESTIGATION
County of Hawaii E-91538
INV III Glenn K. Hudman p~
Page 4 of Pages
Information provided by the Hawaii Naniloa Hotel's attorney
revealed that the hotel bar had been closed since shortly before
10:30 PM on 3-21-96 and that Kierkiewicz could not have been a
patron at both places at the same time.
4-17-96, 0803 AM, per Director (Mrs) Janice Pakele, that report is
to be reviewed by Deputy Corporation Counsel Attorney for content,
and- if accepted the report is to be released to Kierkiewicz's
Attorney.
REPORT REVIEWED:
4-17-96: at about 2:05 PM, report was reviewed by (Mr) Gerald
TAKASE, Deputy Corporation Counsel of the County of Hawaii approved
this report for release.
CONCLUSION:
Based on the above, investigation in this matter will be Closed
until such time as other information becomes available that
substantially changes the outcome.
INVESTIGATION: CLOSED
REVIEWED°
/ /
~LZ: t °
Glenn K. Hudman, INV IT_I
INV III E. HI
4-17-96
.
minimum wage is not going to help him. With his more, ludicrous would .have been for him to get out of
$294 per week, he also pays property tax, even if he the speeding ticket by saying he was too drunk to
~ rents. He also pays tax on every gallon of gas he buys, know how fast he was going. Sound like the system
' and 4 percent on every item. Four percent of his is corrupt to you? It does to me.
I monthly take home pay is $45 per month in extra tax! Everyone who gets a driver's license signs the
The government uses businesses as the tax collectors, "Implied Consent° section, .and knows that he can '
they take the tax out of your pay and collect the 4 per- lose his licence for refusing to take the blood alcohol ~
' cent when you buy something. Businesses don't get test. With this latest farce everyone now knows that if '
paid for acting as the tax collector. he refuses to take the Sest he cannot be convicted of
If that guy making $10 per hour had to cash his DUI, and he may have a chance of beating the charge ~
$400 check each week and then go to the government of refusing to take the blood-alcohol test. Is this how
building and pay $106 each week, and another $20 we want our.. prosecutor to handle cases involving
for fuel tax, property tax and excise tax, he would public servants?.,Or is ttlis only a "perk" for the well-
never vote Democrat again! Business people have to connectedY Or is it just business as usual on Shenani-
do just that, and maybe that's why we're Republi- gan's Is?andp,.,;d ~ ~,E,,
cans! Public servants mould be held to a higher standard
You always hear that Republicans care about mon- of conduct than other citizens. A liquor commission-
ey. That is also true. We care about your money, and er arrested on, a liquor-related charge should have
we think you should get to keep more of it! those charges, fully. and openly investigated, not
swept under.the,carpet through unprincipled inaction
Jim Rath or illogical.logic on the, part of the county prosecutor.
Councilman, District 8 When a truck driver doesn't drive, he dcesn't get
i paid. When; a, Iaboier doesn't labor, he doesn't get
A hi her standard paid. wne~,a:Rroa`e~;,tor doesn't prosecute, he must
9 be thrown out of office in favor of someone who will.
Now, let me get this straight. The liquor commis- a- , i~r# ::r!w ,
sinner is arrested for drunk driving. The liquor corn- , , ,,,~i,,;;,. Dan McDaniel
missioner fails a field sobriety test. The prosecutor Hilo
decides there's not enoutth evidence to convict the , ~ t,.; .
liquor commissioner because he refused to take the , , .
blood alcohol test. The prosecutor then decides there No palatial• courts ;
is not enough evidence to convict the liquor commis-
sioner for refusing to take the blood alcohol test. The We cari'Ygo ahead with the choice of court house
liquor commissioner goes free on all alcohol-related sites while ~natiorially based architectural firms are
charges. The only thing that could have made this fueling the process.,They have been profiting at the
McDaniePs letter '~kt '(~~~~Q~n
°ltegarding Mr. McDaniel's letter to a nbune I
Herald of July 5, 1996 - "A higher standard."
-`Unfortunately, Mr. McDaniel's letter is filled with ? ~ '~"`r ~ `
inacciiracies and half-truths. The fact is I lost my dri- I no differeM`frtfnvmy participation in other civic orga-
ve"r's license unconditionally for three months. State nizations such as the Boy Scouts, ]aycees, March of
Ia1U mandates an automatic suspension of one year Dimes, Farm Bureau, etc.
for refusing to take either a breath or blood examina- Frankly,.Mr McDaniel, I am saddened by, how in
lion. However, the arresting officer, under oath, ~ pursuit of
your own serf-righteousness, you are so
admitted that he had inadvertently misinformed me of quick to judge; .criticize and condemn others, whilst
the sanctions. This misinformation, albeit benign, ~ we live ut aaaciety in dire need of a little bit more
;~lmngly influenced my decision to refuse the blood I kindness, compassion and understanding.
alcohol test. Consequently, the driving license hear- Pout J. IGerldewicz
ings officer reduced the sanction from one year toI Hilo
three months. ~ ~
In regards to criminal proceedings of this and any i
DUI case, the law clearly states refusal to take the
brood alcohol test cannot be construed as evidence to l
;d6(ennine beyond a reasonable doubt one's guilt. ~
.'Obviously, this is why the sanctions for refusal are so
severe.
You refer to me as a "public servant." For your-~
information, county commissioners are unpaid volun= „
leers. I consider my position as my civic responsibil- t
ity to make this community a better place to live and j
- ,
Hawaii Tribune-Herald, Wednesday, July 24, 1996-11
assessment, by 2500 of the world's climatologists, is was Grand Poobah of the Eternal Knights of Chablis
their best evaluation of the available evidence. or no[. ^ - ' .p
And a report called "Climate Change and Health" If Kierkiewicz was intoxicated -and driving, he
from the World Health Organization, the World Mete- should resign as a liquor commissioner, whether he
orological Organization, and the United Nations was found guilty or not. ff Kierkiewicz or any other
Environment Program warns that to do nothing in the liquor commissioner has a drinking problem, they
face of this evidence would be "imprudent at best and should resign ttieir position..-: - '
nonsensical at worst." Kierkiewrez;implied that he doesn't consider the
None of us will escape the effects, yet most of us position be holds on the Liquor Commission as one
contribute to the cause, through lifestyles that are faz of a public servant. As soon as-the mayor appoints a
from sustainable. Governments find it hard to enact person to a position on any county tioazd or commis-
intemationally agreed Sustainable Development leg- Sion which is enumerated in the County Charter, that
illation in the face of domestic populations (you and person is. an officerof the coumy,'and, as such, the
me) who cling to wasteful, destructive (greenhouse- taxpayers ofthe.wunty aze obliged to indemnify that i
gas producing) lifestyles despite the evidence, and person for any,",`activities which shdor Le performs on 1
under pressure from those with vested interests in official business. Kierkiewicz should"resign his job '
maintaining our addictions for their own profit. s~ l because"b his-own wo ~
Is there an reason to ho a that we can overcome P y y rds,,he does not seem .
y P to know what the job is. Of course;: he is not to be the
our need for self-gratification for a greater cause? only one ofi7Ffayor Yamashiro`3;'appointees to be
- What is it that makes us realize that it is in our own ignorant oftlieirresponsibilifiest``'~~~,?'.axk;r" '
•1 best interests to change our habits? We have accepted Kierkiewicz's case smelled from the beginning. In
f the scientific evidence regazding smoking, and fatty the police log;of March 7.2, he wav listed as arrested
foods, for instance, despite the long term nature of but not charged. That is a way the Police Department ~ i
their effects. Is it much of a stretch to reduce ages- has used in the past to cover for other police officers
t guzzling, super-consumption lifestyle to saner pro- or well-known`polificos and kap theft names out of
, portions for the health of an entire planet -and the paper. They know that the Tribune-Herald has a I ^
thereby ourselves? policy of generally not reporting about those who are -
Iain M. Coulson arrested but not charged. '
Citizens For Justice found that. he had been arrest-
ed and chagged within an hour after he was stopped. ~ k
So the question in this little play is this. Is this one of
On Kierkiewicz's letter those kind of paperwork snafus that police officers
sometimes make which caused SHOPO to whine I
Let me see if I got this straight? Paul Kierkiewicz (and pass out enough money) at last yeaz's Legisla- ~
got arrested for speeding and DUI at about 2 a.m. by cure until police officers were exempted from provi- i
Officer Marcos Santos and his Field Training Officer, lions of the Uniform Information Practices Act? Who
Gregory Ikeda. Later Kierkiewicz gets off on what he was wrong here? Officers Santos and Ikeda or !
himself admits was a technicality. Kierkiewicz then Kierkiewicz? Because this kind of thing happens so
regales us in a letter to the editor about all his civic frequently, we can't tell.
activities as if it makes a difference to the kid on the Del Franke ~
bicycle as to whether the drunk driver who hit him Pahoa ~
¦ _
July 30, 1996
Del Pranke
2780 Kumu St.
Pahoa, HI 96778
965-8169
To the Editor:
Another Yamashiro political appointee gets special treatment.
Paul Kierliewicz, and his lawyer, Brian Delima, made a deal, out of
public view, in the chambers of Judge Arne Henricks, to have the
DUI charges brought against him not prosecuted. The deal was made
with the County Prosecutor's Office. Irene Zweber, the Deputy
Prosecuting Attorney supposedly representing the People of the
County of Hawaii, later admitted, in open court, that the deal was
unusual. Yes, unusual as in "special treatment".
In the Court record, Zweber cited a Department of Liquor Control
report as "evidence". Apparently, the County Prosecutor's Office
needs to refresh itself on basic legal proceedure. Even in Hawaii
County rules concerning hearsay evidence still exist. The "Let's
Make A Deal" folks in Jay Kimura's office latched onto the unsworn
statements of the people interviewed by the Liquor Control
Investigators as a way to keep from having to prosecute a
politically connected County Officer. The people who made those
statements, the General Manager of Harrington's for instance, had
ample reason for not admitting to having "overserved a patron".
Like the possibility of losing a lucrative liquor license.
Sa
.
COKrL+O~
a1) bk~" e~~e-
Other evidence, like the fact that Kierkiecwicz failed ALL the
~i
field sobriety tests he was given, and that he couldn't even tell
the arresting officers where he had just driven from when he was
arrested, were ignored by the compliant Prosecuting Attorney's
Office.
This is not a vendetta against Paul Kierkiecwicz. He is only the
latest of several of Steve Yamashiro's appointee's who have been
getting "unusual" treatment from people who have jobs dependent
directly or indirectly on Yamashiro's patronage. But if the
political favoritism and corruption of the current executive
administration is allowed to insinuate itself into the Court System
then the only way we will have to judge a person's guilt or
innocence will be by the amount of political influence they
have.
If we allow these things to continue to happen, we might as well
put up signs at the Airports: Welcome to Hawaii County - A
Division of Yamashiro Enterprises.
~0~~2~
Del Pranke
~b
.~-~,r2Q6
Pr~asecLtion's office ~.T.-t-~1'
This is an open letter (i.e. I expect a reply in this
paper) to Deputy Prosecutor Irene Zweber and Coun-
ty Prosecutor lay Kimura regarding the„drsmissat of
drunk driving charge against county liquorcommis-;
sinner Paul Kierkiewicz. The press release was from
the Honolulu Advertiser, by the way, and'stated-that
M(s) Zweber was not going to prosecute because Mr.
Kierkiewicz had refused to take the blood-alcohol"
tests. Hello! I thought that it in itself was.- against the
law! In other words you were pleading;°rto coolest"
and were automatically found guilty! Is there some-
thing all of us dmnks don't know? Carr we refuse to
take the tests and have charges dropped?,
[f I ever get picked up for any offense involving'
alcohol (drunk driving, drunk in public drunk and
disorderly, etc.) I am certainly going. ta-refuse any
tests! I feel that under "equal treatment under the
law" I have a good chance of "beating. the. rap."
This latest example of complete. incompetence
from our County's Prosecutors office is"only one. of
many. Drunken assaults by Police lacers, The ire- ;
land case, coverups in the Mathison case, plea bar-
gaining in the "garan ball bearing" airport murders;
etc. etc. If there are any cases where the Prosecutor's
office did not do its job properly but did not make the
paper (at least this one) please give me a call. I am in
the book. Maybe we can impeach or get him fined i
before he gets re-elected.
Bryant Neal
Honokaa I