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Home My WebLink AboutCOM 0919.000 1996-1998JAMES Y, ARAKAKI Clmirman & Presiding Officer JULY 13,1998 MEMORADUM TO: FROM: JNgY OF x,� a •.j -o o'er 11'F Uf •NI,i� .. COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 Phone: (808) 961-8272 FAX: (808) 969-3291 AARON CHUNG, CHAIR FINANCE COMMITTEE JAMES Y. ARAKAKI, CHAIR HAWAII COUNTY COUNCIL; REGARDING: TOM RUSSI COMPLAINT ON INVESTIGATION REPORT HPC 97-29 FROM WOOD & TAIT IN ADDITION, THE $6000.00 BILL PAID BY THE COUNTY I am referring attachments from Tom Rossi regarding a complaint of the report done by Wood & Tait for the County of Hawaii Police Commission. He also feels that the county should not have paid Wood & Tait the S 6000.00 dollars for the work preformed. Thank you for your consideration on this subject matter. Should you have any questions or concerns, please do not hesitate to contact my office. (NOTE: The attachments are on file in the Office of the County Clerk) May 21, 1998 Police Commission 101 Aupuni Street. Suite 228A 1 filo. Hi 96720 Re. HPC 97-30, Food & Tait Oa H v11 7 09.1,1 Dear Commission Captain Dale Fergestrom who was named as otI, ice )n the above mentioned complaint, was exonerated by this Commission of -Pan, ch Z0. iii? However, after further review of the report, that everyone on this Cozanns;rou fl ]L'i .d to reading, we found that a recorded statement of Captain Dale Fergestrom v-,, r_o, ii clf::. d in !N'ood & Tait's report to you. Therefore, a statement transcription could net b:: uo �iu-led itl.cz..A.nd Captam Fergestrom's knowledge of this incident and sine-, h_ n:.is `:he onk- cce ;landing there whsle 1 filled in the Waiver of Prosecution besides my v:if-, CLrt-ane_ it >s !-nost concerning that his recorded staternent wasn't taken, But more -,otic �nir;r* it, ti::t toe Conurussion allowed rhe taxpayers to pay 56,000.00 for reports that were incnmoL: �� y1"hy did the taxpayers pay S6,000.00 for the report;, z.tl; o .,.., ,: ct iii tune was spent on recorded statements and transcripts of those � ,oncrated one of those officers without the record= or transcript? It's apparent'uv t1kc of this Commussion, if Non could exonerate one of the officers this wav, .ou coiiid 1v11,:! omerated all of them this way and saved the taxpayers $6,000.00, It seems the Coaunis;ioa is ipcnnutti the taxpayers money frivolously if this is how you exarmne a report ar.d ha%t? no or questions about it In order for this Commission to perform their duti; a, by the taxpayers of this County. each of the accused in a complaint should be loohcd at . since any one of them could have comirlitted this c=lnal act- Men the Conuwss�ra v.s; mal in it's detennination in regards to Dale Fergestrom, they shotild have s m tIK zepoTt back for fttrther information_ %,% would like to know what you based your deten.unanou o)ii ii came to Captain Fergestrom' Sincerely. l,om Russi Christine Paul P O. Box 3586 Kailua-Kona, HI 90745-3586 808`325-tsls cc Tom Carpenter, FBf, Kona Bobby Command, N est Haw ail Foday Mayor 1'amasturo James Aral al i. Chair. County Council TOOQ St'd SS:90 .1111 9x3 -Ti -SO May 24, 1998 Aeent Tom Carpenter Kona FBI Office 75.5586 Ololi Rd., Rm 2008A Kailua-Kona, M 96740 Rc: Complaint filed Mav 2l. 1998 by Tom Russt and Christine Paul Agent Carpenter. This is a summary of the events leading up to the cover up and complaint we filed with you on May 21, 1998. To answer your question on whether we know- of any specific federal lav that was violated to this situation. we are loot mg into that In the meantime, we would like to submit this background information_ Because 1 was not breaking the taw or violating any count,, ordinances and because there was no other way to get me off their public beach. the resort obtained a temporary restraining order under false pretenses. Contained in the T.R.O. SP 97-78, dated July 18. 1997_ was a statcment made under penalty of perjure, by Edwin Whitlock (" ). After I recened the T_R_O- on July 19, 1997, and requested copies of the "uicideut report' and "waiver of prosecution", the Falsification of the 'incident rcpon- and the added words to the "waiver of prosecution" were needed to hack up the statcment on the T_R_O_. This is further pro�ern by Officer Kahtwa's written report that fails to mention any harassment or assault bN Edwin Whitlock Front here, a review of the documents and letters submitted to you on Mac, 21. 1998 can draw no other conclusion than a coder up attempt Tom Russi Dated T00Z SPd sZ=tT SOI( 86'80.90 f Mav 23. 1998 Agent Tom Carpenter Kona FBT Office 75-5586 Ololi Rd., Rm 2008A Kailua-Kona, M 96740 Dear Agent Carpenter This is to recap the information that we verbally gave you at our meeting on May 21. 1995 We have added comments on items that are not self explanatory and have added an additional letter to the list dated May ? L 1998 to the Police Commission. L Investigation Report Ref. HPC 97-30_ Wood & Tait 03 HMI 7-70944W ?. T.R_O_ Dated July 18, 1997 (3 pagcst • Second page, 7-1'4 This is why the words in the Waver Of Prosecution needed to be added Both the date of the assault and the name of the security guard are wrong_ This is also why Officer Kahm o had to falsify an Incident Report dated 7%14,97 which named Edwin Whitlock as verbally harassing me 3. Waiver Of Prosecution (with words circled 't %,.ere added) 4_ Faxed copy olWaiverofProsecution 5_ Original Copy of Waiver Of Prosecution ( Obtained for handwriting analysis ) 6. Hawaii Police Department Incident Report F -3207i: There is no mention_ in am ones statement_ of this ever happening_ 7_ Offer. B. Kahiwa kvritten report (3 paged. • Refer to addendum to complaint dated November 19, 1997, addressed to Wood & Tait z0oz SFJ frz:tT �Oh fr6-fro-90 8_ November 19. 1997 addendum to complaint (3 pages')- • Questions addressing Offcr. B. Kahiwa incident report and written report (17- 32675) 9_ Statement Transcription of Officer Belinda Kahiwa ("_' pages)Some examples: line 32: filed assault complaint on Juiy 14,1997 line 42: there was no restraining order until July 18. 1997 47: Officer Kahnva is lead b% the investigator 105: Clearly indicates that a recorded statement should have been taken from Captain Fergestrom for this investigation, which it was not 173. Refers to opening Officer Kahiwa's 3 pa -c written report, but instead he talks about the Incident Report onl :, and never asked any questions about the 3 page written report and their contradictions. 187 it is obvious, as in this whole report, that the questions are not only leading but investigator actually, gives them an answer and then asks for a reply 310. In my original complaint, 1 mentioned that people that could answer questions were, Dot and another Acntleman at police records , Hilo 'I hat was never done 10. Letter to John Wood and Steve Tait Mav 7. 1998 ('2 pages) 11 Letter to Police Commission Mav 18, 1998 fax to h'Bl Niay 18. 1998 RE;: 14PC 97- 29 and HPC 97- 30 12. Letter to Police Commission Ma}' 18, 1998 fax to FBI May 18, 1998 13, Letter to Police Commission May 19, 1998 14 Letter to John Wood and Steve Tait May 19, 1998 fax to FBI May 19, 1998 15. Letter to Mayor Steve Yamashtro Nlay 20,1998 (3 pages) fax to FBI May 20, 1998 16- Letter to Police Commission May 21, 1998 fax to FBI May 31. 1998 17. Letter from Police Commission August ?9. 1997 18_ Letter to the Police Commission October 3. 1997 c000 vVaz:rT xoii sa:so -so r 19. Letter from Police Commission Ocrober 37- 1997 20 Letter from Police Commission Llarch 23, 1998 1 _ Letter to the Police Commission April 6, 1998 22_ Letter from Police Commission April 9. 1998 23. Letter to the Police Commission Apt -it 15. 1998 24. (added) Letter to Police Commission Mav 21, 1998 Torn Russi Christine Paul P.O. Box 3586 Katlua-Kona, til 96745-3586 808/3254515 t00 TPd 6Z:fT SOh 86.80.90 May 7, 1998 John Wood Steve 'Tait Wood & Tait 820 Pi lam Street, Suite 201 Hilo, HI 96720-4600 Re: Police Commission Complaints Nos. HPC 97-29, 03 H1,41 7-70957W HPC 97 -30, 03 1 Ilvn 7-7D944W Dear Mr 1,'vrood and Mr. Tait: Alicr further review of your above referenced investigative reports, and because we understand the Police Commission based their determinations on these reports which include incorrect, incomplete and misleading information, we will be asking you to review our concems about these reports and advise the Commission, it you feel it is jusnficd, to reconsider their determinations Per a phone conversation with Mr. Tait on April 30, 1999,1 was advised that corn companv could reopen this investigation if they felt it was warranted. On May 6, 1998. Mr 'fats advised me (if the relationship between Wood & Tait and the Police Commission and that he did not have the authority 10 reopen the complaints with the Police Commission. 1 advised him. that was not the main concern at this time. Hie main concern is to get them a correct, complete and truthful investigative report I will then pursue the reopening ol'the complaints hopcfully with your support_ For example. In investigative report 03 HM 7-70957NN, the intimidating force, which you tailed to mention in vour interpretation of my complaint on Pace 3, was that I was told the Fdwin Whitlock that if I did not move my truck innrnediarelr, it would be towed ur nry ezneine. This comment was heard by Officers Leith and Antolin and it was acknouledged b% OffIcer Leith by him telling me to move my truck. My further concerns about this one particular circumstance, is that in the 6 witnesses that you questioned. you never asked one of them if this statement was ever made. And this omission, whether intentional or riot, misleads the Police Commission and backs up my double standard theory in this community In investigative report 03 MMI 7-70944W, in the Statement of Behnda Kahiwa. starting on line 17>. you started to ask the questions from my Novemher 19. 1997 addendum to the complaint You asked Officer Kahiwa question I and 2 which you referred to as, this part" and "the second pan'-. You did not !?o on to ask the fotlowing 8 questions, of which 7 could only be answered by Officer Kahiwa And this emission, whether intentional or not. soot SFd 6Z: f Sot( s6So, 90 John Wand oud Sin To l pn misleads the Police Commission and backs up my double standard theory in this community I understand at this time, your explanation to me for these omissions, is that you were told by the Police Commission not to do a complete investigation which also included omitting a handwriting analysis. In your own words in a phone conversation, you admitted that there was a mystery to this report about the alleged. added words to the Waiver of prosecution, because nobodv mentions the verbal harassment that Officer Kahiwa wrote in her incident report. And Officer Kahiwa contradicts herself by not mentioning it in her written report. The `mystery" could have been solved if you would have continued on and asked those questions. Or if you go by my allegations, there is no rnystcn. At this time; I am not sure of your relationship with the Police Commission. Whether they contract your firm? Whether they can fire Your firm's Or whether the county council has some control? But I do know; them interferinfr with your investigation, would be an obstruction of justice. since that is all that I ant after. So, we will be getting our list of concerns to you as soon as possible and would appreciate vour sincere efforts with this matter. 1 believe fair and accurate investigative reports is an obligation that your company should live up to. Thank you�� Tom Russi Christine Paul P.O. Box 3586 Kailua-Kona, HI 96745-3586 808,1325-1515 cc Police Commission Mavor Steve Yamashiro 900Z SF3 BZ=tT x*OK 88;90 90 November 19. 1997 Wood & 'fait 820 Piilam Street. Suite 201 Hilo, HI 9e720-4600 Ite Police Commission Complainn No,,, HPC 97-21) and 97 -30 Dei:r Wood & 'I ait Per our phone conversation, 1 would like to ask that you provide Che information needed for the police commission to answer the following questions. along with its determinations HPC 97-29 I fafter Officer Leith'123 and Aritohni25l were dispatched to the Four Seasons Resort at Hualalai on Joh l i 1997 to stand by for the serving of a trespass notice, did either officer ±hake any attempt to check the vehicle to see :± it was indeed trespassing and riot parked in a public access stall with a penmt in it" 2. Did the officers feel that their conduct vas correct in telling me to move my vehicle from a public parking lot without checking the above-mentioned information? Or were they lust using their position, as an intimidating torte? HPC 97-30 I incident report number 1-32675 - is shown to be assigned at 1400 hours and finished at 1430 on July 14. 1997, if the complaint for the incident report took about 20 - 25 minutes to complete and 5 minutes was spent with Captain Fereestrom before Mr Russi signed the rcaivet cf prosecution which was at 1355 hours, verified by_Mr Rttssi. Officer Kahitva and CaptainFergestrom, hove could the Incident rcport be assigned 5 minutes at,ev the waiver was signed? 2 Why would the police deparincnt allow confidential documents_ F32675 Incident report and Waiter of Prosecution, to be fa_Kcd from Kona to Hilo, when they are all supposed to be pouched? When 1 called to request copies of my assault complaint and waiver of prosecution on July 16, 1997, why was i assured by Dot and another gentlemen in police records department in Hilo that, since the compiaint was taken on July 14 and they were pouched ever on a daily basis, that she probably wouldn't have them until Monda,. July 21 and she did riot receive them until July 29, 1997 via fns° I called rack o!) Till 21. 21 and 28, as noted on Dot's paperwnrk, god received then on Juiy, 30, after they were taxed to her on the 29th. I It it were nonnal for it to take that ions, why wouldn't Dot tell me not to call back so soon9) ,002 TVd H:tt V06 S6, 90 w„„l & N.ramlx: 19. 19q' 4 Where did officer Kahiwa get the information or, the Incident sport that says Edwin Whitlock was a friend? That is uo indication to this in her written report. 0 never met Edwin before that dav) 5_ Why is the assaultbv Sam incntioned fn officer Kahiwa's written report and not mentioned on the Incident report written the same day? Why does officer Kahiwa refer to the hitting it . Sam as an incident vi her written repur� but not put it in her incident report of the same day? 6_ Whv is the verbal harassmen? complaint on the Incident report and not in the wrtten report? I believe the Incident report was written at a later date to support the T R O. from the F(,ur Seasons Resort at Huaialai, SP 97-78 The Incident report that Officer Kahiwa wrote apainst L•dw n Whitlock supports the statement that Mr. Whitlock mentions in the T_R_O fiom the Four Seasons Resort, but officer Kahiwa does not mention it in her written repoi-C 7. Whv would the Incident report have a notation of -INV Continuing - when I had just s;1-ned a waiter of prosecution for my complaint which says "CLOSED: NO PROSECUTION"? Where did Edwin Whitlock vet the information that I filed a false assault charge against him, w her. the Waiver of Prosecution should have stopped all in%cstiPat ioii" S If the Incident report was written that day, and I had actually made a complaint about verbal harassment (instead of an assauit complaint like I did), why would they have vu= sign a waiter of prosecution° I have been told that verbal harassment would not constitute a waiver o: prosecution but an assault compiaint would 9 Since i went to the police station on July 14. 1997 and filed an assauit compiaint against Sam, as stated in officer Kahiwa's written report, why did officer Kahiwa fill out an incident report on L-d,vin Whitlock' IQ. Why in officer Kahiwva's wrtten report is it mentioned twice that I do not wish to prosecute but only want this report on file and then I Was required to sign a waiver of prosecution' (It seems very unusual that the police department, saying that I only wanted this on file, would spend the time writing a written report and incident report However, later that week the police did not respond to a request I made for them to assist me at the Four Seasons Rcsort, since I felt that there could he problems for what was said to me) Enclosed is an original copy of the Waiver of Prosecution, not the faxed one I was first given I believe this Waiver was faxed for two reasons, I it was held up in order for them to figure out what to add to it to support the Four Seasons "I.R.O.. ? Since I was requesting it almost daily, they' had to get it there quickh. 'I flank veryyf h for your time, Tom Russi 8002 SFJ H:fT WN H So 90 fit TN .4 -�ti'ce r,Tr 'slay 21. 1998 Police Commission 101 Aupuni Street, Suite 228,E 1 filo, HI 96720 Re HPC 97-;Q Wood & Tait 03 HMI 7-70944V% Dcar Cot unission Captain Dale Fergestrom, who was named as one of the accused on the above mentioned complaint, was exonerated by this Commission on March 20, 1998 However_ after further review of the report, that everyone on this Commission admitted to reading, we found that a recorded statement of Captain Dale Ferfestrom yeas not inchided in Wood & Tait s report to you. Therefore, a statement transcription could not be included either. And Captain Fergestrnm's knowledge of this incident and since he was the only one standing there while I filled in the Waiver of Prosecution besides my wife Chnsnne, it is most concerning that his recorded statenient wasn't taken. But more concerning is that the Coimnission allowed the taxpav ers to pay 86,000.00 for reports that were incomplete %%'by did die taxpayers pay S6,000 00 for the reports when most of the time was spent on recorded statements and transcripts of those recordings, and you exonerated one of those officers without the recording or transcript:' It s apparent. by the behavior of This Commission, ifyoil could exonerate one of the officers this way. you could have exonerated all of them this way and saved the taxpayers 56.000.00. It seems the Counrussion is spending the taxpayers money frivolously if this is how you examine a report and have no concerts or questions about it. In order for this Coninussiou to perforin their dunes as expected by the taxpayers of this Count% each of the accused in a complaint should be looked at separately, since ane one of them could have committed this criminal act. When the Conunissiou was makmg if s detcnnination in regards to Dale Fcrgestrom, tbcv should have sent the report hack for further information Wye wottld like to know what you based your deierm nation on when it came to Captain Fergestrom° Sincerely . Iom Russi Chnspne Paul P.O Box 3586 Kailua-Kona, HI 96745-3586 808,;25-1515 cc Tom Carpenter. FBI. Kona Bobby Command. R-cst Hawaii Today Mayor 1'amashiro James Aralcaki. Chart. Comity Council 6 00 12] SFd TC:tT VON 86 80.90 0f H9_k\ JNry Clarence Mills, Chair Stephen 1C Yamashiro-� Clarence Soum� Vr ice Cha Mayar [„�t7q 1� Deborah L. Baker, Member Wilfred M7. Okabe. Member 4F N� Sharon K- Schcdc, M,mher Francis E. Smith, blcmher Clvde K N'illierr c, Vfember `(_� r(��'. Bumalvn L Yce. Member lJ Tllltlll1 of `24ULUUH POT -ICE CONIMNSION 101 Aupuo, �t, Ste, 2-284 • Filo, t{�,wyj 9672n InCni 9111 -9412 Complaint No. HPC 97-30 March 23, 1998 Mr. Thomas J. Russi P. O. Box 3586 Kailua-Kona, HI 96745-3586 Dear Mr. Russi: The Police Commission deliberated your complaint against Captain Dale Fergerstrom, Sergeant Alexander Graves, and Officers Belinda Kahiwa and Clarence Yee at its meeting on March 20, 1998. On the charge of Falsification of Records, the commission unanimously found that all officers acted in a lawful and proper manner and were exonerated of the charge. On the charge of Use of Intimidation in Legal Proceedings, the commission unanimously found that all officers acted in a lawful and proper manner and were exonerated of the charge. As indicated to you previously, these proceedings are confidential and the unauthorized release of confidential information is prohibited except as permitted by a court of competent jurisdiction. Sincerely, Cac^-' x Clarence Mills Chair CMjp cc: Chief Wayne G. Carvalho Captain Dale Fergerstrom Sergeant Alexander Graves Officer Belinda Kahiwa Officer Clarence Yee OTOZ Yt'd TC:TT .0h 86r80'9n Post -it' Fax Note 7671 baw C y� �° tea► / Fr L Wood & Tait C. tC/ Payments by Police Commis>tun through 5/31/98 7 FY1997 92 Invoice Date Reference Amount 3/20198 HPC 97-55 51,725.15 3/11/98 HPC 97-30 3.299.04 1/29/98 HPC 97-29 2,664.15 12111/97 HPC 97.11 2 5`31.1)7 10/10/97 HPC 97 :G 2,895.97 9/&197 HPC 9708 2.926.27 7/9;97 HPC 97-10 1,572-85 7/31,197 H PC 97-oa 1.879.31 Post -it' Fax Note 7671 baw C y� �° tea► / Fr L C. tC/ pncne : Phena tl Fara � 7 IT02 VY1 ZC:fT ON 88.80.90 May 20, 1998 Mavor Steve Yamashiro 25 Aupuni Street, Room 215 Hilo, HI 96720-4252 Re. Police Commission Complaints IIPC 97- 29, Wood & Tait 03HMT7-70957W 1 J=PC 97-30, Wood & Tait 03HMT7-70944W Dear Mavor Yamashiro After the news article printed in West Hawau Today dated May 15, 1998, we decided to readdress our concerns to you In the meetine, all the commissioners were asked and responded that they had all read both investigative reports entirely. The Chair, Mr. Mills, said the commission acted on the reports. The Vice Chair, Mi. Souza, was quoted as saying. "I read everything'. Since Mr Wood or Mr Tait did not show at the Commission meetine at our request and also at the request of the Chair, they were not able to testify to what they told us in a phone conversation_ Mr_ Tait told us that these were not final reports, that they were incomplete and that they were told that the Commission did not want to spend the monc_v to do a handwriting analysis or a complete report The Police Commission based their detemitnations on these investigative reports from Wood & Tait and the information contained in these reports is incorrect. incomplete and misleading- We Feel as Mayor, you should feel obligated to determine ifthc county taxpayers received a fair deal from Wood S, Tait on these reports contained herein, because it was the taxpayers that paid a total of 56.000 OU for both these reports_ We are asking you to examine these reports and determine ifthe% were conducted in a fair and impartial manner There are questions that were submitted as addendums to my complaints that were never asked and obviously never answered. A handwriting anahsis, which 1 offered to pay for. was never performed, which could have ended this with the Commission Since Wood & Tait and the Police Commission are not under any obligation under $14-4 (c) of thelIawaii County Charter which ptosides that, while discharging their duties and dealing with the public. officers and emplovees of the County shall ensure that all persons are treated in a courteous, fair and impartial manner, but as Mayor, you do have this obligation under your sworn oath, we are coming to you for %our determination We arc only asking for answers and feel that going to a federal courtroom to obtain only answers would put an undo burden on the taxpayers of this count}. since attorncvs would have to be compensated. if your armrment is that you feel the county will prevail then we feel you should base that decision on your review- of these reports and our concerns, and respond to us in wTitmg on your findings We are hoping with some answers, we can put this to rest, but at this point ZTO Z SFJ ZC:fT V0G 88.80.90 vla%or Yarriab=o vla, 2U 1999 your involvement is needed. Here are some very important facts that you need to know to help persuade you to rcvicw these reports From the very beginning. the Cortmtission tried to give all three complaints to the Police Chief v hich would eliminate themselves from anyjurisdiction on these investigations, which vve feel was deliberate_ since we can get no response, answers or give input to the one that remained with the Chief (HPC 97-31). 2. After the Commission had e venerated the police officers in the two remammg complaints (HPC 97-29 and 30), the Commission tried to mislead me by saying that the proceedings vvere confidential, when I had asked them for copies of the investigative reports i had to quote the law to the Commission to obtain copies of these reports that I vvas entitled to I received the reports and found them to be incomplete, incorrect and misleading. 1 was never giv eu the opportunity to review the transcripts, like the police officers were. so that 1 could have assured the circumstances were understood correctly. 7 his was a rush to judgement. The refusal of the police department to review an audio tape and the admission of the investigator not to do a complete report at the request of the Commission should be most concernine to vou. The fact that the Commission reviewed these reports and had no further questions based on the incompleteness and the failure of these reports to ask and answer questions that "make this a mvstery" (quote by Steve Tait)_ If you feel, as Mayor. a citizen should have to go to Federal Court to pct answers then I don't feel you are performing your duties at the best interest of tlic taxpayers. >f you allow this Commission, that a citizen comes to when the% feel ihev have been w onued, to make determinations without giving anv explanations, answers or conclusions on how they arrived at their determination to that citizen. then there is no justice or closure_ Vase CTO Qj SFd CCtT �OI� 88.80.90 Ma%or Yamashau Ma, 2U_ 1998 Because I feel this is a deliberate attempt to cover this situation up, and because I can get no one to address this in a proper manner and put it to rest_ I am carbon copying the FBI and the newspaper to ensure. from this point on, this is handled properly. Sincerek Torn Russi Christine Paul P.O. Bot 3586 Kailua-Kona, E 96745-3586 808.335-1515 cc Police Commission Tom Carpenter, FBT, Kona Bobbv Command. West Hawaii Today Stephen J. Tait, Wood & Tait Attachments Page 3 PTOZ XVd U:fT \OIC 86'80;90 May 19. 1998 Stephen J Tait Wood & Tait 820 Pitlani Street, Suite 201 Hilo, I-II 96720-4600 Re. IIPC 97-29, Wood & Tait 0; HNLI 7-709? HPC 97-30. Wood & Tait 03 HMT 7-70944W Dear _Vlr_ Tait. Your presence is hereby requested at the June 1998 meeting of the Hawaii County Police Commission_ It is our understanding that the Police Commission based their determinations on the above referenced reports. In revie%%ing these reports. I know them to be incomplete, incorrect and misleading. Questions that will he directed to Neu are included in the correspondence dated November 19, 1997 and May 7, 1998_ In addition to these questions, the mariner in which you conducted these investigations is very disturbing and concerning; mainh, because of the double standard you used i_e ♦ Gn ing the oppommit-y to all the police officers to not only review, their transcripts that were taken from a taped conversation with each of them, but telling them to make any chung,s they felt appropriate, when you asked them at the end of the audio tape, if their statements %sere true and correct_ ♦ Your questions to the police officers were leading and inappropriate, in a way that you asked the question, answ cred it for them and then asked for their response For example, on one occasion you asked a 70 word question_ The standard question length between my transcript and the officer's transcripts is quite obvious. ♦ Interviewing witnesses that were not witnesses to the complaint in question You took statements on their personal feelings on the situation surrounding the incidents. ♦ Your summary and comments included in these reports. ♦ The questions in the abo\,e mentioned letters The most disturbing thing of all that eou �e done wrong to these reports. is salting that this all started when my wife s employer changed her health insurance coverage_ I'm goim__ to cTO12 SF3 ft \�ntt S6 8(), Wood & Tmt Vtar t9. 1998 pa! -,c ? tell you again as 1 did starting on line 201 of your report. This al l started because my wife, Christine, almost died in our community hospital because the hospital has been deprived of millions of dollars over the years by people that are all about monev. power and influence. And I will not sit by and let that happen without trying to change it and get some answers. I have been pursuing this whole situation for two tears and these complaints, even though serious, are a veru, veru small part of this pursuit. I talked to Gerald Takase on May 18, and explained to him that 1 feel this matter can be taken care ornery easily Since 1 don't want monev, just answers Ido not feel this has to take place in an open forum. I will Leave that up to you and the Police Commission_ Sincerely. Tom Russi Christine Paul P_0. Box 3586 Kailua-Kona. IIl 96735-3586 808/325-1515 cc. Police Commission Mavor Steve Yamashiro Tom Carpenter_ FBI. Kona Bobby Command, West Hawan Todav Attachments 9TO2 YF3 1-: tT \Ott 88.80.90 - tDli WOOd &Tait Imm�grm,er dd'i i.;�rrnir. - C�,. January 26, 1998 County of Hawaii Police Commission 101 Aupuni Street, Suite 228A Hilo, Hawaii 96720 INVESTIGATIDN _KU )rc [Report No. 11 Re: Your Ref: H?C 917.119 Complainant: jlonms J. Russi Date Occurrence: 07111197 Our Reference: 03 HNN€1 7-70957W Exhibits: [1] Copy of 10/2%/97 *Letter to Thomas J. Russi. [2] Statement of Complaint -Thomas J. Russi dated 10/ 03197. [31 HPC -2 Complaint Remstration-Thomas J. Russi. [41 Complaint of Misconduct -Thomas J. Russi. r�;1 T eµet from Thoma, T. Russi dated 11 /19/97. [61 Copy of CivilSP97-'S TRO -Thomas Russi. V, vtiiiness 1310 aphy ornas Russi. [81 Witness Biography -Christine Paul. 191 Statement Transcripnon-Thorn's imssi. [101 Copy of Newspaper Article-Ka'u Landing. 1111 '-1-MC-5 Named Officer Complaint Information Form - Officer john Leith - [12] Copy of 01/21/98 Letter to Officer John Leith. [13] Statement Transcrintinn-Officer John Leith. [14] HPC -5 famed OfficEr Complaint Information Form - Officer Greg Antolin. [151 Copy of 01 /21/98 Letter to Officer Greg Antohn. [161 Statement Transcription -Officer Greg Antolin. [171 Recorded Statement -Thomas J. Russi. [181 Recorded Statement -Officer John Leith. [19] Recorded Statement -Officer Greg Antolin. Nawar, • !Lau: - Kn; at • 820 Piilani St., Suite #201, HJo, Hawan 95720-4800 • Tel 808 969-7030 - Fax 8013 969.7933 Email w:h 0e�ilhawaii.ne? TOO YVi SOAT 1HI 86.10.90 January 30, 1998 ° Ab` "` rnrvrnr aINT TvIARY Thomas). Russi, Jr., alleges Hawaii County Police OMicers John Leith and Greg Antolin misused their position of office as an intimidating force when asking Mr. Russi to leave the Four Seasons Resort and to remove his vehicle from the Four Seasons Resort parking lot. RATE TIME & PLACE July 13, 1997, 0830 hours, the Four Seasons Resort, in the Hualalai area of Kona, Hawaii. 4CCURRE.�IC� The complainant was in an area fronting the Four Seasons Resort to protest a matter concerning Mr. Russi's wife, Christine Paul, and a health insurance matter involving Ms. Paul and the Kona Village Resort, which is located next to the Four Seasons Resort. The rnanagernent and security staff of the Four Seasnrs laPsnrt wishacl to issue Mr. Russi a no trespassing order and requested police officers stand by in the event of a disturbance. After reading Mr. Russi a no trespassing order the security staff of the Four Seasons Resort asked Mr. Rossi to leave their property and to remove his car from their parking lot. Mr. Russi did so peacefully but believes police officers were illegally used as an intimidating force by the staff of the Four Seasons to persuade Mr. Russi to leave the property. �i�� On his complaint form Mr. Russi choose from the Hawaii County Police Commissin„ Rules, Regulations and Policy Statements, Rule 7,(7) "Misuse of Position or Office" that states members shall not use their official position wide the department to gain personal favors or to conduct non police activities. tiCii� C!+l,. T4,tt,,a:i nnl;ra rn,,,rn;ssion Rules, Regulations and Based on our incrpre"- Policy Statements, we believe Rule 7 (7) may have been wrongly selected in Mr. Russi s complaint as officers did not use their official posi µon with the department to gain personal favors or to conduct non police activities. Rule 7 (15) may be the more appropriate complaint as Rude 7,(15) "Overbearing Conduct" states overbearing or oppressive conduct shall not be practiced under color of police authority, which seems more fitting in this matter. Rule 7 (16) "Conduct Towards the Public" states officers and employees shall be courteous when dealing with the public. They shall avoid harsh, violent, profane or insolent language. Upon request they shall furnish their name and badge number in a courteous manner. ZOOQ 03 HMI 7-70957W Thomas J. Russi SFd 4OAT AHI 86-t0.90 January 30, 1998 "z_" Page #3 COMPLACNAN Thomas J. Kussi, Jr. DOB: 06/27./?? Agc: 53 SSiV: 152-34-6610 P. O. Box 3586 Kailua-Kona, Hawaii 46745 TF1: (808) 325-1515 In his enclosed statement Mr. Russi tells us on the date of occurrence he was at the Four Seasons Resort carrying a sign protesting management practices of the Kona Village Resort. This incident concerns a matter involving Mr. Russi's wife, Christine Paul, and the Kona Village Resort. Ms. Paul is an employee of the Kona Village Resort Apparently the Kona Village Resort changed hzalih un5urance plans without nod*- -ing Ms. Paul and a dispute began between Ms. Paul and the Kona Village Resort which they were unable to resolve. Mr- Russi was publicly protesting this matter in an area fronting the Kona Village Resort. Mr. Russi went through the Four Seasons Resort property, which is an adjoining property to the Kona Village, and gained a public access permit to park in the parking lot of the Four Seasons. Mr. Russi then went to a beach area fronting Four Seasons, engaging in his protest by carrying signs to support his position against the Kona Village Resort While Mr. Russi was protesting, the security staff at Four Seasons Resort called Hawaii County Police Officers John Leith and Greg Antocin to stand by while they served Mr. Russi with a no trespassing notice. The intent of the Four Seasons security staff was to get Mr. Russi to leave their property because they believed Mr. Russi had violated kis right to public access by straying onto their property and bothering their guests. Accompanied by Officer Leith and Antolin, security staff from the Four Seasons Resort approached Mr. Russi and served him with a no trespassing notice. Mr. Russi voluntarily left the property and moved Ids car out of the Four Seasons' parking lot but believes police officers were illegally used as an intimidating force, the officers did not check Mr. Russi s right to public access at Four Seasons, and his public access parking permit which he had on the windshield of his vehicle permitting hire to park in the Four Seasons' parking lot. Mr- Russi also believes that officers were illegally enforcing an order without first checking the legality of that order and therefore in violation of their duties as public servants and police officers. Refer to the enclosed recorded statement and statement transcription for details. 47oad ScT'!iL .•.•.�••+-- 03 iiMI 7-709574V Thomas J. Russi t002 i'tA _9t:£r TV5S Rn; 60,9n Con [2] SF3 90:6T .1HI. H 10.90 January 30, 1998 Page #4 WITNESSES (1) Jack Terry Resident Ivlanager Kona Village Resort P. O. Box 1299 Kailua-Kona, Hawaii 96745 TEL: (808) 325-5555 On January 8,1998, we met with Mr. Terry at the Four Seasons Resort obtaining the following information: Mr. Terry had a dispute with Thomas Russi's wife, C7u istine Paul, concerning Ms. Paul's protest that the Kona Village Resort had changed their health insurance plan without notifying her. Ms. Paul was upset because she had an appendectomy and then learned later that she had to pay a deductible when she thought the treatment of her ailment would cost her nothing. Unable to resolve this matter, Thomas Rossi engaged in a public protest by carrying signs at the resort. Following their dispute, Mr. Tem obtained a restraining order that disallowed Mr. Russi from corning near the Kona Village Resort. On the morning of the occurrence, Mr. Terry was not at the resort and was not a party, to the event that led to this complaint. Mr. Terry tells us however that prior to this occurrence Mr. Russi was continually on the property of the Kona Village Resort in his effort to make his protest known, badgering the guests at the resort, in what Mr. Russi believed was his right to free speech and protest. Mr. Terry obtained a temporary restraining order agai. , t Mr. Russi because Mr. Russi would not stay in the public access areas and continued to walk onto the property of Kona Village Resort during his protest. (2) Amy Conroy Director of Security Four Seasons Resort P. O. Box 1269 Kailua-Kona, Hawaii 96745 TEL: (808) 325-8000 On January 8, 1998, at the Four Seasons Resort, we interviewed Amy Conroy. Ms. Conroy tells us she is familiar hvith Thomas Russi as he was on their property on several occasions protesting an occurrence involving Mr. Russi's wife and the Kona Village Resort, a neighbor resort adjoining their property. Ms. Conroy tells us Mr. Russi was in an area fronting their beach resort to protest by carrying a sign. 'vis. Conroy tells us although Mr. Russi initiallv used the public access OD -�•�+— 03 MV- 1 7-70957W Thomas J. Russi CQo r. 7Y.1 P00� QT T4C HQRn tCn TFd 0:6 1I 90 January 30, 1998 Page T5 area fronting the resort, he would eventually walk up onto the resort property and began speaking with guests at the resort in an effort to make his protest known to them. While Mr. Russi was on their property some of the guests had complained to the management of the resort so Ms. Conroy obtained a temporary restraining order against Mr. Russi barring him from the property_ Ms. Conroy also tells us that she exercised their right to have Mr. Russi's velucle removed from their parking lot, and although he had a public access parking pervlit, Mr. Russi was not in compliance with the rules of the reser t by straying from the public access areas onto their property and bothering hotel guests. The management of Four Seasons issued Mr. Russi a no trespassing order so that he would not return to their property. Ms. Conroy tells us on the morning of the occurrence in question she was not working that day and was not a party to the dispute betiveen_vtr. Russi, the police officers and their security staff Ms. Conroy tells us however that she did obtain a temporary restraining order because Mr_ Russi was a nuisance and failed to honor the terms of the right to public access. (3) Samuel Lee Security Guard Four Seasons Resort P. O. Box 1269 Kailua-Kona, Hawaii 96745 (808)32-8000 On January 8,1998, at the Four Seasons Resort we interviewed Sam Lee. Mr. Lee tells us he is a security guard working at the Four Seasons Resort and is acquainted with Mr. Thomas Russi as he frequented the T wort over a period of several days inprotest over an insurance matter between'VLr. Russi s wife and her employer, the Kona Village Resort. The Kona Village Resort is an a.rjoining resort property to the Four Seasons Resort. Mr. Lee tells us because Mr. Russi was not allowed on the property of the .Kona Village Resort, Mr. Russi came through the Four Seasons Resort property by parking his vehicle in their parking lot and walking through the resort to a public access area so that he could hold signs of protest to alert the public of his dispute between his wife and the Kona Village Resort. Mr, Lee tells us Mr. Russi did not stay in the public access areas fronting the resorr and would walk up onto the Four Seasons Resort property and begin speaking with tourists and visitors to the resort concerning his wife's dispute with the Kona Village. cvmd &Tait �-- 03 HMI 7-70957W Thomas J. Russi 9000 Fb'd At:PT req RR/Rn'cn 5002 SF3 L 0 � 6 T ]HI. 86,f0.90 fs January 30, 1998 Page #6 Mr. Lee tells us on one occasion he recalls speaking with Mr. Russi and when talking with a walkie-talkie radio in his hand, the antenna of his radio accidentally touched Mr. Russi's protest sign. Mr. Russi became very upset by this and accused Mr. Lee of assaulting him. Mr. Lee tells us Mr. Russi was over reacting because Mr. Lee accidentally touched him with the antenna of his walkie talkie and did not intend to assault him in any way. Mr. Lee remembers Mr. Russi was very uncooperative and was not staying in the public access areas, wandering up onto their property which guests at the Four Seasons Resort complained about. Mr. Lee tells us eventually Mr. Russi was asked to leave because he was not in compliance with their rules to stay in the public access areas and off of their property. Mr. Lee recalls they issued Mr. Russi a no trespassing order which basically would prohibit Mr. Russi from returning to the property of the Four Seasons. Mr. Lee tells us he, accompanied by fellow sectuity goard Edwin Witlock and two police officers, read Mr_ Russi the no trespassing order and asked him to voluntarily leave the property. Mr. Lee tells us Mr. Russi at no time was ordered to leave the property but was asked to sign a no trespassing notice which alerts Mr. Russi that he is no longer welcomed on their property. Mr. Lee also tells us police officers were called only to stand by and were in no way involved in the dispute between Mr. Russi and the resort. Mr. Lee tells us police officers did stand by as the security guards issued Mr. Russi u no trespassing notice. Mr. Lee remembers Mr. Russi was cooperative and voluntarily agreed to leave and to move his vehicle off of the Four Seasons property. Mr. Lee tells us that the police officers at the scene, Officers Leith and .Antolin, were polite, calm and professional. Mr. Lee also tells us that neither officer ordered or threatened Mr. Russi and did not order him to leave the property. Mr. Russi voluntarily agreed to leave the property on his own and the officers did not use their authority to intimidate or threaten Mr. Russi in any way. (4) Edwin Witlock Security Guard Four Seasons Resort P. O. Box 1269 Kailua-Kona, Hawaii 96745 TEL: (808) 32.a-8000 Mr. Witlock tells us he is a security guard employed at the Four Seasons Resort and is acquainted with Mr. Thomas Russi. Mr. Whitlock met Mr. Russi as he entered the Four Seasons property the morning of the incident and issued Mr. Russi a public parking permit. Mr. Whitlock was aware that yze d P"Mic ...�• + 03 HMI 7-70957W Thomas J. Russi L09 [n rdI /t:PT TFC QR An en 9002 1F3 LO:BT .IH.L 98 t0. 90 January 30,1998 Page #7 Mr. Russi was protesting in the public access area fronting their resort. Mr. Witlock tells us apparently Mr. Russi was not allowed on the property at Kona Village so he was using the property at Four Seasons Resort to access the area fronting both Four Seasons and the Kona Village Resort. Guests at the Four Seasons Resort had complained that v n- Russi was bothering thein and because Mr. Russi was not staying onto the areas that were designated public access and wandering up onto the Four Seasons Resort property, the management at Four Seasons intended to ask Mr. Russi to leave. Mr- Witlock tells us they called police to stand by while they issued Mr. Russi a no trespassing notice. On the morning in question Mr. WitIock tells us he and secsuity guard Sam Lee, accompanied by Police Officers Leith and Antolin, approached Mr. Russi as he was standing with his protest sign on the beach area fronting the Four Seasons Resort. Mr. Witlock tells us Mr. Russi was given a no trespassing notice. Mr. Russi was asked if he would voluntarily leave the property. Although Mr. Russi did not feel that he was in violation of any law and did not believe it was lawful or right for him to be asked to leave the property, he voluntarily moved his vehicle from the parking lot and left the property at :-our Seasons Resort Mr. Witlock remembers that both Officers Leith and Antolin's conduct was professional, courteous and in no way threatening or intimidating. toward Mr. Russi. Mr. Witlock remembers Officer Leith did speak with Mr. Russi and asked Mr. Russi if he would agree to move his truck from the parking lot of the Four Seasons voluntarily - Mr. Russi agreed to move his truck and there was no conflict. Mr. Witlock described the occurrence as "uneventful." On January 8, 1998, we met with Officer Leith obtaining the following information: On the morning of the occurrence Officer Leith remembers being assigned to meet with Four Seasons Resort security guards who were to issue a no trespass notice to someone at the Four Seasons resort. Officer Leith remembers going to the resort and meeting with security staff who had told him that a Mr. Thomas Russi was on their property bothering resort guests and they intended to issue him a no trespassing notice. ROOF8 '_00z 03 HMT 7-70957W Thomas J. Russi SFd Lt:cl tFS RR:fiO'SO iFd 80:6T .111.E R6 f0 90 January 30, 1998 Page #8 Accompanied by security guards at the Four seasoms Resort, Officer Leith and Officer Antolin, were to stand by while the security guards issuect a no trespassing notice to Mr. Russi. Officer Leigh remembers one of the security guards handed h/ Russi a no trespassing notice and Mr. Russi read it. After reading the no trespassing notice, one of the security guards asked Mr. Russi if he would agree to n,ove his car from their parking lot Officer Leith tells us he did not order Mr. Russi to leave the parking area at Four Seasons Resort or use his position of authority to intimidate, threaten or in any way scare Mr. Russi into leaving. Officer Leith remembers Mr. Russi was polite, their conversation calm, and at one point Officer Leith asked Mr. Russi if he would voluntarily agree to move his vehicle from the parking lot. Mr. Russi was cooperative, and voluntarily agreed to leave the area without a disturbance. Officer Leith describes his demeanor as calm, professimial, polite, and describes occurrence this as very uneventful. Refer to the enclosed recorded statement fcr details. Officer Antolin tells us on the morning of the OCCUITeDce he, accompanied by Officer Leith, were called to assist the security staff at the Four Seasons Resort in Kona where they were to issue a no trespassing notice to a man on their property. Officer Antolin tells us he and Officer Leith arrived and after meeting with the security staff at Four Seasons Resort approached a man who was standing on the beach carrying a sign of protest Officer Antolin does not know much about the situation involving Thomas Russi and the security staff at Four Seasons Resort other than the security staff intended to issue Mr. Russi a no trespassing notice and ask him to leave their property. Officer Antolin tells us he did not speak with Mr. Russi but Officer Leith did have a brief conversation with Mr. Russi concerning this incident He recalls Officer Leith was polite, calm, and in no way threatened Mr. Russi. Officer Antolin remembers Officer Leith discussing with Mr. Russi if he would voluntarily leave the property however, he tells us Officer Leith did not threaten or in any way order Mr_ Russi to Ieave or remove his vehicle from the parking lot Refer to the enclosed recorded statement for details. �.�.•.4—. 03 HMI 7-70957W Thomas J. Russi 6002 l'V4 *t:rT Tdc aa,Fn -cn soot Tt3 80:6T .]HI. 88-r0. 90 January 30, 1998 Page #9 COMrimtNTS Based on our investigation to date, we believe the following facts are evident: 1. The management and security staff at Four Seasons Resort believed they had sufficient evidence to ask Mr. Russi to leave their property and to issue him a no trespassing notice. 3. Officers Leigh and Antolin were called by the Four Seasons Resort security staff to stand by while the no trespassing notice was issued. 4. Based on the collaboration of witnesses it appears neither Officer Leith or Antolin were involved in a confrontation with Mr. Russi. 5. Nlr. Russi seems to have voluntarily aFeed to move his velude from the parking lot and to leave the property of the Four Seasons -<esort. Allowing you time to receive and review this report we will discuss this with you further at our next meeting - Submitted by, WOOD & TAIT, INC. Stephen J. Tait Vice President OTOZ 6000 03 HMI 7-70957W Thomas J. Russi PNl 9t:CT 76S SF3 GOAT 1HI 88 t0 90 I r en K. Yamashlio '. ( ounfli of Pnfuzsii POLICE COMMUS2i�rd 101 AupuAr 5L, 5[e. "AA • Hill 9€2e coos] 961.8312 COMPLAINT NOS NPG97-29 ND 97-30 October 27, 1997 Mr. Thomas J. Russi P. O. Sox 3586 Kailua-Kona, Hl 96745-3586 Pear Mr. Russi: Sharon K. Scheele, Chair F== E. Slmlb, Vice Chair Oonild E. Abdul. Member Deba-,ah L Baker, Member Clarinet Mills, ,lanbcr Charles H. Sakamoto. Member clzR ce Soum Member Clyde K. Williams, M mbrt Humaivr L Yee, Member The Police Commission reconsidered your complaints HPC 97-29 and 97-30 at its meeting on October 17, 1997. Your complaints have been accepted for investigation and will be referred to the commission's investigator Wood &-Bait Sincerely, 'A e Sharon K. Scheele Chair SKS:jp cc: Commissioners TTof�i Ttl7 IC QF'PT TVRR,Rn,an OTOQ] SFA 60:6T .7H1 86-t0;90 October 3, 1997 Hawaii County Police Commission The Hilo Lagoon Centre 101 Aupuni St. Suite 228A Hilo, FE 96720 Dear Commissioners: RETD OCT 0 71997 iZe: Complaints Nos. HPC 97-29 97-30 97-31 I am in receipt of your letter dated August 29, 1997 in which ',lie commission referred any complaints to Policc Chief Carvalho. I would like to ask the commission to reconsider talang back two of the three complaints and order an independent investigator to look at them, ( I was not given the corresponding complaint numbers to each complaint so I will identify them by date and name of accused.) I agree that the complaint dated July 17, 1997 on Dexter Auki can be handled by Police Chief Carvalbo. However, the complaints dated July 13, 1997 against Officers Leith and Antolin and the complaint dared July 14, 1997 against various officers, cannot and should not be referred to the Chief. I was told by Assistant Chief Hickcox on July 18, 1997, that he or the Chief could not handle complaints like these because of collective bargaining. I also have some specific reasons why I feel the comviission should have an independent investigator look into these_ I feel that these complaints came about because the officers were either told or chose to abuse the use of their power to help the Four Seasons Resort squash one citizen who was not breaking any law. Officers Leith and Antolin ignored my request of them to check the legal public access permit I had in my vehicle to disprove the Four Season's trespass notice. The various officers in the July 14, 1997 Complaint .vere also either told or chose to use their positions to help the Four Seasons try and backpedal out of a situation they had gotten themselves into. I have enclosed Officer Kahiwa's written report that coincides with incident report number F-32675. As I stated in my initial complaint, Officer Kahiwa's incident report makes no merthon of the assault by Sam Lee that I was reporting. On the other hand, her written report does not mention the verbal harassment by Edwin Wbitlock. The incident report was filled out to support a T.R.O. that the Four Seasons petitioned against me. The waiver of prosecution was changed to support the same T.RO.. Also, the incident report and the written report reflect Officer Kahiwa being assigned this case 5 minutes after I had signed the waiver of prosecution against Sam, There are too many discrepancies for the commission to hand these complaints over to the police to investigate themselves. Questions need to be answered Questions like, "If I did file a verbal harassment complaint against Edwin Whitlock, why was there no mention of what he said to me? zto%TT06T�ET S6"S 96�60-cn SF3 0 T : 6 T 1HI 96;to-90 0 a I was told that the commission took it's line of action became of rumors of a lav: suit against the Coumy of Hawaii. I have since spoken to Councilman Curtis Tyler and assured him otherwise. I am unable to ask the question:; myself that are needed to answer these serious allegations and that is why I carne to the comrission. I am holsing with this new information that the commission will reconsider and have an independent investigator look into my complaints. I can only have closure when the questions I have are answered. Please try to understand that I feel the commission should also be aware that an August 26, 1997, Judge Joseph Florendo dismissed the petition for a restraining order against me from the Four Seasons Resort, even though the double standard and misconduct of the Hawaii county police department was done to assist the Four Seasons in trying to obtain it. Thank you for your time and consideration. Sincerely, nc Tom Russi P.O. Box 3586 Kailua-Kona, HI 96745-3586 8DS/325-1515 -2- CTO St't 6 t : P T TPC O 08/6n/C ZTO f� YV-4 0T:6T .1HI 86; f0. 90 mp t No. 1'G 97 d Date U HAWAII COUNTY POLICE COMMISSION The Hilo Lagoon Centre 101 Aupuni Street, Suite 228A. Hilo, Hi 96720 Phone: 961-8412 COMPLAINT OF MISCONDUCT 3ursuant to Pofice Commission Rule 7(a), a complaint against the conduct of the police department or any of Is officers or employees while on duty or acting under the color of authority snail be in writing, signed, and fated by the complainant under oath before a notary public. This notarized complaint must be received by the commission's affice not more than 60 days from the date of the incident. (A request for an exception to the rule must be in writing with a reason for the request) Complainant's Name: ` homa-s J. Russi � s.S.# 152-34-6610 birthdate: 6/22/49 Address: P.O. Box 3586 Ba_ ua-atona, III 96745-358rphone: 325-1515 .�_ 'crnpiuytP: —Work Phone: Date of Incident 7/13/97 Time Occurred: 8:30 a.m. _ Locatiomfo= Seasons Resart(Irnna VUlaga Resort-I3ualaJa Name(s) of Accused (if unknown, give badge number, description, etc.):ffi-cers Leith/128 s Antolin/251 Name and address of physician seen for injuries_ (Fill out HPCFOIiM-3) List classification # and summarize the incident of misconduct: circle classification # below: # ComQlaint Classfica6on I. standard of Conduct 2 Perramtance of Duty 3. Obedience of Laws a. Commission of any Criminal Act S. Falsification of Records 6. Malicious Use of Physical Force 0 Misuse of Position or Office 8. Mistreatment of Person in Police Gustody 9. Use of Intimidation in Legal Proceedings 10. Truthfulness 11. Firearms - display and discharge 12. Impartial Attitude 13. Fxcessihm Use of Physical Force � Overbearing Conduct h57 Conduct Towards the Public Class fication " 7 --- See attached et;tai-^tom #15 I wish to have my complaint reviewed in a meeting XX open closed to the public. HPC FORM -2 Rev. 5119s7 , . _ . ..... (Turn page over to notarize complaint.) Tem CTo2 TBi nc:rT TFC Qfi Fn cn SF3 TT:BT .)HI 66, re. g( 0 L] Hawaii County Police Commission The Hilo Lagoon Centre 101 Aupuni Street, Suite 229A, Hilo, :1196720 Complaint of Miscondnct On July 13, 1997 at approximately 8:15 aft., l west to the Four Seasons Resort at HuaWai to use Their Public Access At the security gate at the Faux SeaS011s,1 was given a publie access paring permit for my truck by security guard Edwin Whitlock. I parked is a designated parlang stall in the north public access parking lot with the permit ill the windshield- I entered beach access through the shoreline access walkway tbrough the Four Seasons Resort and was earryiug a sign on Kona Village Resort's beach, on their public access, seeded land, beachfront 1 was approached by 6 men. Edwin Whitlock (security guard from FOM Seasons), another Four Seasons security gni* lack Testy (295istant rrsort manager from Kona Village Resort), another gentleman, and 2 undormed police ofncers (which I Iatcr found out were officer Leith/128 and Officer Amolin/251)_ I was read a trespass notice by Edwin Whitlock and he asked we to sign it I refused. Mr_ Whitlock then wld me that my trnck was parked on their property and it vias trespassing. I turned to Officers Leith and Antolin and informed them that my truck was parked to public access with a permit iu if At that point, becauseuehber otbcer was ackoowledtting ray statement or seethed to care ifwhat I was saying was true, I turned and took a step towards Vr. Whitlock to remind him about the permit he gave, me earlier -- and please note, I was still holdin7, my sign in front of me with both my hands. As I took the one step towards Mr. Wbidock, Officer Leith stepped directly in front of me. I backed away because I felt this was a show of aggression with a motive to provoke me which I had no part o£ Mr. Whitlock told the if I didn't move my truck immediately, they would have it towed at my expense. Officer 1xith then told me to move my truck. Attd even though I Imew I was within the law, that my truck was legally parked and not trespassing because I had checked with the proper county agencies and authorities, I moved MY truck anyway, to avoid confrontation because that would interfere with my objective. 1 feel that 6 gentlemen approarhingme that day on public access was intimidation and harassment_ Because Officcr Antocin observed Off = Leith misusing his position to try and provoke me orad to further intimidate me by supporting Four Seasons Resort and Kona Village Resort in violating. my 10, amendment right to freedom of speech on public access prrnerty, I feel he also misused his position to not rectify the situatlon. It is obvious by the actions of this officer that there is a double standard in this communiry. He assisted in enforcing this trespass notice for one reason only. Frnrr Seasons Resort and Kona Village Resort told biro to get me and my sign off their beaches. The next day, I returned to Four Seasons public access because the trespass notice was not valid on public land The officers behaved the way they did because they knew that no disciplinary measures would be taken against .them because what we have in the Stale of Hawaii is organiz.erl crime against citizens that don't have money, power and influence and that is an otrtrage. I caZinat accept living in America and be treated like I'm living in China. CompLynarrf gnaturo Thomas J. Russi STUV tTOO SV4 n C : C T TBC 0n,A(I n WJ TVd TT:BT .]HI. 86-t0. 90 0 Hawaii County police Commission The Hilo Lagoon Ccnire 101 Aupuni Street, Suite 228A, Hilo, M 96720 Complaint of Misconduct On July 13, 1997 at approximately 3:15 a.m., I went to the Foie' Seasons Resort at flualalai to use their public Access At the security Bate at the Faun Seasons, I 'has given a public access parking permit for my track by security guard Edwin Whitlock. I parked w a designated parking stall in the north public access parking lot with the permit in the windshield. I entered beech access through the shoreline access walkway through the Four Seasons Resort and was carrying a silo on Kona Village Resort's beach, on their public access, seeded land, beach.faont- I was approached by 6 men. Edwin Whitlock (security guard fl= Four Seasons), another Four Seasons security guard, Jack Terry (assistant resort manager from Kona Village Resort), another gentleman, and 2 uniformed police oMMM (which I later fouud out wac Officer Lerth/128 and Officer Antohn/251). I was read a trespass notice by Ern Whitlock and he asked me to Sim it I refiled. Mr. Whitlock then told me that my truck was parked oil theirproperty and it was trespassing I trued to Officers Leith and Antolin and Informed them that mY truck was parked in public access with a permit in it At that point, because neither o ffecr was ackuowked&9 MY statement or seemed to care if what I was Saying was true, I turned and took a step towards lvfr. Whitlock to remind him about the permit he gave tae a W -T --_ and please note, I was still holding my sign in front of me with both ray hands. As i took the one step towards Mr. Whitlock, Officer Leith stepped directly in front ofine. I backed away because i f.'•t this was a Show of aggression with a motive to provoke me which I had no part o£ Mr. Wl:dock told me if I didn't move my truck immediately, t vowed at my eI, ense. Officer Leith then told me to move my truck. Aad even th� truck was legally Parked and non trrspassing because I had checked with the proper county agencies and authorities. I moved my truck anyway, to avoid confrontation because that would interfere with my objective. I feel that 6 gentlemen approaching me that day on public acre's rias intimidation and harassment Because Officer Antolin observed Officer Leith misusing his position to try and provoke me and to further intimidate me by supporting Four Seasons Reson and Kona Village Resort in violating my V amendment right to freedom of speech on public access property. I feel he also misused his position to not rectify the situation. It is obvious by the actions of this officer that tbere is a double standard in this community. He assisted in enforcing this trespass notice for one reason only. Four Seasons Resort and Kona Village Resort told him to get me and my Sign off their beaches, -f lie next day, I returned to Four seasons public access because the trespass notice was not valid on public land The officers behaved the way they did because they knew that no disciplinary measures would be taken against .them because what we have in the State of Hawaii is organized clime against citizens that don't have money, power and influence and that is an outrage. 1 cannot accept living in America and be treated like I'm living in China. Compkautant'. 'gnature Thomas J. Rossi T o fj 46'1 [1c:PT TFC ort.gn: cn ST0z TF3 lT:BT .]HI. H,t0. 90 4 November 19, 1997 Wood & Tait 820 Phlani Street, Suite 201 Hilo, HJ 96720-4600 Re: Police Commission Complaints Nos. IiPC 97-29 ar,d 97 -30 Dear Wood & Tait: Per our phone conversation, I would lute to ask that you provide i 1e information needed for the police commission to answer the following questions, along with its determinatiom HPC 97-29 I. After Officer Leith/128 and Antolin/251 were dispatched to Lhc Four Seasons Resort at Hualalai on July 13, 1997 to stand by for the serving of a trespass notice, did either officer snake any attempt to check the vehicle to see if it was indeed trespassing and not parked in a public access stall with a permit in it? 2. Did the officers feel that their conduct was correct in telling me to move my vehicle from a public parking lot without checking the above-mentioned information? Or were they just using their position as an intimidating force? HTQ 97-30 1. Incident report number F32675 - is shown to be assigned at 1400 hours and finished at 1430 on July 141 1997. If the complains for the incident report took about 20 - 25 minutes to complete and 5 minutes was spent with Captain Fergestrnm before Mr_ Russi si ffnM the waiver of prosecution which was at 1355 hours, verified by Mr_ Russi, Officer Kahiwa and Captain kergestrom, bow could the Incident report be assigned 5 minutes after the waiverwas sighed? 2. Why would the police department allow conftdr'ntial documents_ F32675 Incident report and Waiver of prosecution, to be faxed from Kona to Hilo, whcn they are all supposed to be pouched? �. When I called to request copies of my assault complaint and waiver of prosecution on July 16, 1997, why was I assured by Dot and another gentlemen in police records department in Hilo that, since the complaint was taken on July 14 and they were pouched over on a daily basis, that she probably wouldn't have them until Monday. July 21 and she did not receive them until July 29, 1997 via fax? I called back on duly 21, 24 and 28, as noted on Dot's paperwork, and received them on July 30, after they wcrc faxed to her on the 29th. (If it were normal for it to take that long, why wouldn't Dot tell me not to call back so soon) 9T02 SF3 CTAT 1111 88-t0,90 3 Woad & Tait Nwmtha 19, 151r Frc _ 4. Where did officer Kahiwa get the information ou the Incident report that says Edwin Whitlock was a friend? 'There is no indication to this in her written report (I never met Edwin before that day) S. why is the assault by Sam mentioned in ol5cer Kahi wa's written report and not mentioned an the Incident report written the same day? Why does officer Kahiwa refer to the hitting by Sam as an incident in her written report, but not put it in her incident report of the same day? 6. Why is the verbal harassment complaint on the Incident report and not in the written report? I believe the Incident report was wntten at a later date to support the T.RO. flow the Four Seasons Resort at Hualalai, SP 97-78. The Incident report that Officer Kahiwa wrote against Edwin Whitlock supports the statement that?vii. Whitlock mentions in the T.R.O. from the Four Seasons Resort, but officer Kehiwa does not mention it in her written report? 7. Why would the Incident report have a notativa of "iNV: Continuing" when I had just signed a waiver of prosecution for my complaint which says "CLOSED: NO PROSEMMON"7 Where did Edwin Wbitlock get the information that i filed a false assault charge against him, when the Waiver of Prosecution should have stopped all investigation? S. If the Incident report was written that day, and I had actually made a complaint about verbal harassment (instead of an assault complaint like I did), why would they have me sign a waiver of prosecution? I bave been told that verbal harassment would not constitute a waiver of prosecution but an assault complaint would. 9. Since I went to the police station on July 14, 1997 and filed an assault complaint against Sam, as stated in officer Kabii%va's written report, why did officer Kahiwa fill out an incident report on Edwin Whitlock? 10. Why in officer Kabiwa's written report is it mentioned twice that I do not wish to prosecine but only want this report on file and then I was required to sign a waiver of prosecution? (It seems very unusual that the police department, saying that I only wanted this an file, would spend the time writing a written report and incident report. However, later that week, the police did not respond to a request I made for them to assist me at the Four Seasons Resort_ since I felt that there could be probletns for what was said to me.) Enclosed is an original copy of the Waiver of Prosecution, not the faxed one I was first given- I believe this Waiver was faxed for two reasons: 1. It was held up in order for them to figure out what to add to it to support the Four Seasons TRO.. 2. Since 1 was requesting it almost daily, they had to get 1t there quickly- Thaannkk ou vfour tune, Tom Rus' si LTOP VVn TC'eT TVC o¢,ao-rn LToz SB.T 0'6T 1111 86;10=A0 I M- R Ex PARTE Ti11:t emu REsTnA)NING `^• . '.Ttivo-smw seta.+. Vigo t 7 W*M FOR INj NCT10" AGAINST iiARAs-RAE T., A-aalsi OF PSi G..NM TEMPORARY RESTRAeMG A(;mNn I1w-4,rgN1EN-r. AND NOTICE OF HEARING ffE DISTRICT COURT OF TIM T=M CDiCQTI Dlvmo.v STATE OF HAWACI eYs) a c Ctvii No. ISS n 7-73' Pttrtioaer(s)/Pahnonor(S)' Attmaey (blame. Attorney e:[lumber. Firm Name (if nppL jle4. Addts. Tolephane sad Facsittaic N�lxt' Lei%, deans) (if known. list Address. Telephone. A013 noel 5SN t respondeat) y� 55C��71,z ITION FOR -'Y PA?�= Ti�i.n=`JRARY RESiRAIA NG ORDER AND FOR. INJVNCTIOSd AGAINSt HAKASSiS�N'I :noor--ns), in support of hislhe ntimir appliranon for a te®orary tatrninwg order for protection. dleges :+'tae t Penuoner(s) is a rcsidi s) of die District of the above division sad cirrut. Scala of Hawru'i. sed upon the auarhed Deelaraaon of Pcb1io11cr, Pchtiovcr{s) Arks far. An = pane teatporary rasuioaing order not to exaxd a period of fiftesn (15) days for prot—on =36=9 Responttlands) rad any other persons) +meg an Respaodtmt(s)' behalf frum: cautacung. itireatentag• or phystcally hart in9 [� P�tiN.. g) Anypersan(s) residing at PetibonlOSY tcrttiea(x j tetmhnning the Petitioncts) eno-x sC or vi,,u erg the Pedoinnens)' residence_ ineAuding yard and garage and (RI place of employment. Atm order regmring Respandeat(s) to show cause why Respundetu(s) should not be enjoined as stausd below. An fnjtmcitoa not to rsed a period of throe (3) years anlommg Rupondent(s) and any other persmt(>) ecnng on Raspondent(s)' behalf from eamonttmg those acts sac forth m Patsgraoh 22. hermf. rder uwzrdiag reasoaabta umtacy's fess and costs to PCtiGC13Cr(5) rad such further relief ns the Court deems just and appmpnatr: (continued on reverse side) ncum�ia«iUTrl SEE REYatSE SID1 1 cartify that this is a full. rue. and carrot �Opy of the ongutai Pa tele in dus office. Ctuk. Distn, Court of the above cir_wt. State of Hawou" 6TDZ)) TF7 TC:iT TFQ RR,,Rt)/Cn gT0 Z SF3 t T : 6 T 1111 86 t0.90 Dr;Vrr€: r_, Thomas Russi called Richard Baker, Resort Manager of the Foto Seasons Resort Hualalai (TSRH). on 7/10/97 and threatened to make bis life miserable unless he, Baker. convinced Fred Duerr, General ',Manager of neighbor property, Kona Village Resort, to give in w his demands, 2. Almost daily since then. Russi has appeared on the property of the Four Seasons Resort Hualalai with a sign to harass the guests and employees by standing on the sidewalks and other areas above the certified shore line within the Four Seasons Resort littaWai. While doing so, numerous guests have been badgered by Russi and have asked Russi not to bother them. On 7/14/97. Russi called Four Seasons security at 5;00 am and asked for the home telephone number of one of our employees, INllen his request was denied. Russi stated *tier he v.,ould be corning on our property that day and th :Ke would be big problems if he was approached by anyone from security or any other resort employee. After Russi arrived later that morning, he was rrad a Trespass Notice by Edwin Whitlock. FSRH Assistant Director of Security in the presence of a Resort Assistant Manager and two Hawaii County Police officers. Russi left the property but rentrited within one half hour and continued to trespass on our properiv. T. After being approaclt� again by Wi-nlock and another security offi= on 7/14/97, Russi :eft the property and immediately filed a false complaint against Whitlock with the Hawaii County Police alleging that he had been assaulted with a walkie-talkie radio antenna. On 7/17/97, Russi called the Concierge Desk representing himself to be an employee of the Mayor's Office and asking questions about our property. Not satisfied_ Russi asked to speak to a supervisor and stated to Atilaui Kealoha. Chef Concierge. that he represents the Mayor's Office. When asked by Kealoha to communicate via fax, Russi rrturned to our property and veiled at guests in one of our swimming pools. creating a disturbance. On 7/18/97, Russi appeared on our property at 7;25 am with a shovel, informing guests and employees that he was performing his civic duty by clearing sand off the sidewalk To make it more accessible for the handicapped. When approached by security officer Stun Lee. Russi stated that he had surveyors coming and was cleating the sidewalk for them. Russi continues to trespass on our properry with the intent to extort and harass the management. 7Zoz YV4 l.c:PT Tkc Qc-fin cn 6To Z TFd t T : 6 T .1K 86; t0 90 Fats 3 oil Tr%u ORARY RESTRAINING ORDER AGAINST 114RASSMENT i upon'rte anachci Petition for F-% PLne Temporary Restr.tanng Order and Affidavit or Deeitirzaaoa of the ?etiliptrats) and ,ant to Hawaii Revised Statutes 5604-10.5. dint Coun finds there is probable cause w beh=ve: ,Rassm /ecenc or past acts of barGrt have occurred. 'Ytccam of batsssacat make: it orobalsle that acts of kans,mcat may be iounlnent against rhe Pttitioneris). spears to the Cotta that a Tetttponiry Remaining order for pmtactiost should Ze granted and is ncw4% sy to ptrcven, acts a( ssment- S ORDERED that the Respandeatls) appear Wore rhe Iurlg4 iu tha a ravewenr Ued proceeding at the date. line and plan 1114WArzt ie attache Notice of Hearing. Pending the hearing on the Order m $how Cause. IT IS ORDERED that the Respnndzausi and an. :oats) acting on hisn=ttheir ecbalf shall be cajoincd and .ezirai ad from: Contacting, threattaso6, or physically harassing R Petibwatfs) and M any permnifs) rtsidinu at Pctainnerts) --^dais^_ °atungthe Ptutioacr(s) VFtatFof g or visiting the Pctitioneris)' residenae, iacladine yard and drag¢ end employmwt. :SP4NDENT IS FROHM11-ED FROM POSSESSING OR CO;ZTROLL.ING A FUMARRi OR A1vIMUNMON WHSLE TAI' aWORARY RFSPRAIIMG ORDER 15 IN EFFECT. ANY MEARAF OR AMMUNITION IN TEX POSSESSION O; fE RESPONDENT SEAT r BE TURNED OVER TO THE POLICE DEPARTMENT FOR SAFEIUE&MG ti° FMx TM :MPORARY REST AIItlIItiG ORDER IS IN EFFECT. tis Order bewtmes tdfertive upon its signing and filing and shad retnttin is effoitt for FftCW days. At the hearing on the Ordt Show Cause, you will be allowed to give any reason(s) why Wise Orders should not continue to be efrective. NY 1 ILFUL VIOLATION OF THIS TT:&SPORt 41�' OZWM AGARiST H;AR.0S5MEN'T SEFA 8 ONIMABLE AS CR.IJVINA.L CONLF-%VTUNDER HAW,tllt;;t;RXV .t"FiD q ,„ 577.0-1677. - - — lace: � Judg of tete abli,+e•eptitled Court Swcr� �v lc�n»fl 0Q ACM OF 1iFhRING JOTIC£ IS GLYEN tbat the Yedtionens) above framed has filed the anacbed Petition far Ex Pante Teeaporary Ra iiatmag Order and "or IDjuaction Against Harassment 1'OU ARE COMMANDED to appear before the Presndwg Judge of the ahoveenrwed Court. the. District Court of the shave [tv irtt it North & South Kona Divi n g nlakplu � err on Tllandav July 29. 1997 19-,! at i:if) Wrlock A.M. rn show rause why- nc Temporary Restrx=R Order Ap inst HU;tssmeat should fiat he ezteadcd in the form of an injunc ion Agtriast Elar=« for a term not exceeding three years. IF YOU ()R YOUR ATTORNEY FALL TO ATTS:NI) AT THE TIME AND PLACE DESIGNATED, AN ORDER GRANTIN FIZTTION FOR 124JIINCTION AGAINIST HARASSNIENT NVILL DE TAXTHi l AGAINST YOU FOR TRE RELIEF" DFNL4 DED IN THE PETITION. This Ordcr shall not be persaaslly deisvned berween 10:OO.p.m. end 6:00 a.m on prcwrsas not open to the puhtic. �mless a ludas of the about<nnt[ed Court petmtts, is wntta5 on this those hours. LiL 111) Date: Cleric of the above-enttued Court In znCo;eancc with thm Americans with Disabilities Act it you tequtrc an,alWOMmodaticrl or assistance. plus' contact the District Court Adlmnisaauon Office at PHONE NO. 951 L70. F.�X °6 i-'. -t7. or TTY 961.7525 least ter. l 10) worldn? days in advance of your hcanng or appointment date. TZo4" OZOz ev4 7c r7 TEc aF,rn-en SF3 ST:BT IHS M- r0; 90 pV—Y V,, Commentary C�ct/Mtjaf The Fmt Amendment -lits Last summer, the Four Seasons Resort was able to suspend an individuWls;7First Amendment rights for40 days without so much as a hearing. All it took was rnot>�,some possibly false allegations that the ,icsort wasn't prepared to back up and the coo eration of the local authorities.' It is sometimes tempting to dismiss as trmlevant those who irisisr on cxercising their frre`edom of speech- After a11, some m &Int arJve, thea5'caluts tend to be religious nuts, proselytizing dicists. protestors, pornographers and other assorted oddballs- Because of the importance of tourism, there's a special temptation to downgrade die rights of those who might uoiot our visiiors In this instance, it was Kona resident j -nomas Rossi, a 53 -year-old trume, and his wife,,Chris- tine Paul, who insisted on their rigbts Russi is no stranger to c�nflict. A few years ago, in a sort of epiphany, -he and his wife decided that they were =d as 1=11. $inca then, they have successfully lrakon or) Radio Shack; Honda.thc'Ford Motor Caritpany and United Airlines for whai they al- k$ed wTre=exwtples of screwing the public_ ne lulu Serious and the j{ora V llama retorts mr1&ltdRdMPssc' itivevieivfi dcra[terhis wife, who iselipioyed as a housekceperat Kona Vil- lage;isidan' erncrgcncy appendwomy at Kona Catrmtmrly ][rospital. Even though the HMSA health ituuranee poNc'y had Ptnritisgd 100 percent coverage, HMSA and Kora Village iofomtcd her thars1ic world Gave to pay $1,000 of the 510,000 � dto the hospital. y 1 . , 1 According to Rossi, Kona Village refused to dis- cuss why theirnedical policy had been unilater- ally char god. Russi tried to take dtc matter to sural I claims court, but Kona Vtllace'anru tt 'A ,h,, :, The Beach , f in this situs inn.") Russi believed that the TRO petition filed by the Four Seasons was filled with "outrageous lies." It alleged, for ex,unple, that Russi had called Four Seasons resort manager Richard Baker tn'v,rc.-itcn th make his -lits miccrable" unless. Baker could c=,ince, she JZcma ViUage Resort Io -g vl c, in to Russi's demand.. Russi acknowledges he caUcd B,.ker, buthe c inns he did so only to expla niltc siwation and to Ict Baker know of lus plans to protest on public access.) The Four Seasons and Baker also alleged that Russi harassc« and badgered guests, and that "Russi continues to trespass on our Rtoperty with aha intent to extort and harass the managcmcht" (Russi claims that he was always an public ae- cess, and that he never harm5ed'or badgered gl,rsts. Russi dces acknowledge that on July 15, after a security guard acrostcel hirci was con- froatcd by a guest who told Russi that he didn't like looking of Rossi's sign or hearing him-) The petition of the four Seasons far a TRO was Approved in state Dnititt Court on July 18 by Judge Joseph Florcgdo, Jr. The judge set a bear- ing date of July 29. On July 29, Judge F:orcndo inexplicably de- layed the, hearing, over the objections of Russi, until August 26. When asked about this. Florendo says k doesn't remember why he did so, and he doesn't mention that the chiefwitncss for the Four Seasons, resort malinger Richard Baker, bad failed to show up in court. Whatever Florendo's reason- ing. was, it dei+rivcd Russi of his First Amend- ment lights for an additional 30 days without a ticaring- Wbcn the tcxkdutcd hearing wa�bcld on Au - 51 ' , lnciudutg - Insta � ;Solar Electric Cx�s -anJ to'r Free System I with purcha Completes) I. - TZO2 TF'd ST:6T .111.E H x0.90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 2 Statement oh Thoma, John Russi Jr. This is Derick Macanas interviewing Thomas J. Russi. This interview is being conducted at 73.4422 Holoholo Street in Kailua-Kona, Hawaii. Today is November 6,1997. According to my watcli it is 6:22 p.m Q. Mr. Russi, can you state your full name and spell your first and last name. A. Sure. Thomas John Russi Jr. T -H -0 -M -A-5 R -L -S -S -I. Q. Can you state your date of birth. A. June 22 of 44. Q. Can you state your street address. A. 73-4_472 HolohoIo Street Q. And your mailing address. A. P. Q. Box 3586, Kailua-Kona 96745. Q. Your marital status please. A. I'm married_ Q. Your wife's name. A. Christine. Q. Can you spell her first name. A. C -H -R -I -S -T -I -N -E. Q. Any middle name. A. Dawn, Q. Same last name. A. Actually she goes under Hall. She has a small business. Q. May I have your Social Security number. A. 152-34--6610. Q. Are you currently employed. 19 vit �-�^ *--- Signature: Date: ;ZO(j�J VV4 cert TVC ca RO C, ZZO Z VV -J 9TP BT IHI. 86-t0. 90 a Statement of: Thomas John Russi Jr. 46 47 A. No, I am not. I am retired. 48 49 Q. Would you state your previous occupation. 50 51 A- I was a Field Service Engineer for the South Pacific Service Medical 52 Equipment. 53 54 Q. Do I have your permission to fake this recorded statament 55 56 A. Yes, you do. 57 58 Q. This statement is being taken in regards to an incident which occurred on 59 July 13,1997. Is that the correct date. 60 61 A. Yes, it is. 62 63 Q. And you. -can you just tell me what happened. 64 65 A. Yes. Let's see. On July 13th. I had gone down to the Four Season's Resort 66 to gain public access to Kona Village Resort beach front. I went through 67 the security gate and I believe at the gate that morning was Edwin 68 Woodlock. I didn't know that at the time. Did you need a phone. 69 70 Q. No, go ahead. 71 72 A. Evidently he had heard about me because I had been going down to the 73 Kona Village Resort a few days before that and he knew my name, said hi 74 Tom and good morning and asked what I was up to. I told him what I 75 was doing and I asked him for public access permit and he. gave it to me, 76 put it in my windshield. The cunversation with him was he was 77 supportive of what I was doing. There wds no problem. I went and I 78 parked in a stall marked public access and had the permit in my 79 windshield, proceeded to walls through the Four Season's public access 80 walkway until I got to the public access beach front and then went to the 81 Kona Village Resort which is north of their property. I was on the beach 82 access at the Kona Village Resort I would say maybe a half hour, 45 83 minutes, I can't remember exactly and then I was approached by six 84 gentlemen. One I recognized as the manager is his job these, Jack, a 8,5 security guard I believe from the Kona Village, Edwin, the gentlemen that 86 gave me the permit, another security guard and three uniformed police 87 officers all came to where I was standing on this beach access. Edwin 88 came up to me and proceeded to read a trespass notice to me which I can't 89 remember I guess I was a little upset that they were disturbing me. 1 90 wasn't breaking the law but anyway he read it to police officers there. The w�a arks. Signature: Date: no'.� TVa cc _rT rac QAIFn-en czo z SPI 9T:6T 1111 H tO 90 91 92 93 94 95 96 97 98 99 100 l0i 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 statement of Thomas John Russi Jr. other gentlemen were standing a little bit back. As he started to read it and I thought they were there for me personally and then he said my truck was parked on their property and it was trespassing. I proceeded at that point to stop him and tell him he gave me a permit and he told me to come on the property when he gave me the permit as far as I'm concerned - I turned to the two police officers because at that point he did not stop. He just kept reading it and asked for me to sign it and I said, "No, I'm not signing a trespass notice. I'm not trespassing." I turned to the two police officers there and I said, "h want to let you two gentlemen know my truck is not illegally parked. It has a permit on it I parked in public access and I checked. At that point the police officer told me I believe thea or later on to stove my truck I do remember at that point I did get a little upset because I was there for a reason and not for this reason that I was being confronted and it was interrupting what I was doing so I got a little bit upset with Edwin and i told him ... I didn't tell him anything ... I actually started to walk towards him to say something to him and that is when the police officer stepped in front of me and stopped me from just taking one step which I barked off and since I knew it was the situation looked like it was going to get out of hand if I had persisted in anything I just decided if they weren't going to listen to me I was just going to go move my truck because I knew I could move it somewhere else and be back on the beach because I wasn't breaking the law and that is what I did. When I went to my truck to move it there were no police officers at my truck. They were no where to be found after that I think 1 met up with them hours later back at the Four Seasons when I was walking through public access again but they never made sure I moved my truck, they never made sure of anything—whether my truck was parked illegally or anything. They just disappeared. Q. Have you ever encountered a situation like this at the Four Seasons where Lids incident happened. A. Never before. This is the first time I tried exercising my freedom of speech. Q. I haven't been down there for years. I go to Makalawena and Kua Bay. Can you describe the layout I know where the entry way from the highway to go down to Four Seasons and Kona Village but can you kind of describe the layout A_ Sure. With the new entry way now as you make the left turn off the Queen K the first driveway on the right, the first street, that is the entrance to Kona Village Resort If you continue down the road to the left and then come back around you will come to the security gate of the Four Seasons and then from there you get public access or you can go through the Kona �•—•�•.-• Signature: _.—_ Date: LZ0 2 `V4 OC: CT TFC 0. 9cn tZOF Tt'3 LT AT AHI. 86- t0. 90 Statement of: Thoma3 John Russi Jr. 136 Village Resort and get to the same point except it is a little rougher to 137 walk. The other one you can drive where Kona Village you have to walk 138 it. 139 140 Q. How far of a walk. 141 142 A. I would say from Kona Village—the Kona Village from, where they have 14-3 public access parking to get to the beach I would say the way it twists and 144 turas a good mile. 145 146 Q. And from Four Seasons. 147 148 A. About 20 feet. 149 150 Q. Is it a nice sand beach down them,. 151 152 A. It is beautiful. It is a little rocky. They tried to get rid of some of the reef 153 but it is not as nice as Mauna Kea. 154 15S Q. Do you go there often. 156 157 A. No, I do not. I go to the Kona Village beach and my wife and I used to go 158 to the hotel a lot for dinner. 159 160 Q. Kona Village. 161 162 A. Well, Kona Village too because she works there but also the Four Seasons. 163 It is a beautiful hotel but not for this purpose. Not for what I was there 164 these days, no, never. 165 166 Q. What is the procedure for getting this public beach access. 167 168 A. May. Actually there is two ways. There is just before you get to the 169 security gate you can make a left and gain access to the same area without 170 getting a permit. Because in rhe permit, in the SMA permit they gave 171 them two parking lots. It's a land management permit It is the County 172 Planning Department. Anyway there are two parking lots, 25 stalls each. 173 The south parking lots, you do not need a permit. You just park in a stall 174 and use the beach and I believe the other one you do because you are in 175 the Four Season's area. So you have got to no through the security gate. 176 177 Q. How about in the Kona Village. 178 179 A. You have got to go through a security gate also and they have same 180 thing ... same procedure. You need a pass. www s.•rs{� �— a+--- Signature Date: rZOOJ FF.i Ac:PT TFc RF fin, en 2ZO2 SFd iT:61 .1H1 B6 -t0 -An 181 182 IS3 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 uo 221 222 223 224- 225 Statement oh Thoma John Russi Jr. Q. But with the Kona Village there is only one way to get into beach access. A. That's right There is only one way. Q. How many times have you gone down there. A. For this purpose or for recreation would say the Kona Village Resort for Christmas parties and lunch where people would come in...I would say ten times maybe to Kona Village. The Four Seasons maybe five or six tirnes before this incident. Q. Now how many times for this purpose. A. To the Kona Village Resort I would say I was down there to their public access maybe twice maximum. Through Four Season's maybe four times, five times maximum. Q. Can you tell me what is your purpose. A. Okay. The purpose of why this all came about is I have been doing this, Derick, for eleven years. This is what I came to Kona for. Christine decided one day to start some trouble in our life --- my lovely wife here. She decided to have her appendix rupture in our house right there on that couch in about 1:00 in the afternoon screaming bloody murder so I took her to the emergency room at Kona hospital and she laid there for 18 hours before they realized her appendix had ruptured and she almost died. Well, we are the kind of people that when things like that happen and we live in one of the most expensive places in this country we just wanted some answers. We wanted to know how come they didn't know my wife's appendix ruptured. Well, the hospitai._I didn't have any nripe with the hospital because they saved her life but I did have some problems with my government. I wanted to know why my community hospital didn't have enough money. That is the reason they didn't have a qualified doctor on duty in the emergency room to diagnose her appendix had ruptured. So my government wouldn't ansiver my questions. I found out there was a contract between HMSA and the state fund hospitals and this contract was so had her bill was $24,000.00. The hospital got ten thousand dollars as payment in full. So with that I understood why my hospital couldn't afford the doctor because HMSA was keeping the money. When we got the bill, the bill told Christine that she owed the hospital $1,000.00 and HMSA paid nine. It was our understanding that we had 100% coverage with MMSA. We found out by doing some phone calling that the Kona Village where my wife still works had changed her insurance policy without telling her two years prior. They changed it from 1007o PRlened fic237.t s--� Signature: Date: Z02 TV,i !£-F.T TVS 98�fi0,Cn 96,02 Ti d 8T:6T 1H1. 8G t0 '90 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 EOQ t-60 z Statement of: Thomas John Russi Jr. coverage to 90/10. With that came out $1,000510 bill- We felt that was wrong. We felt there has to be some rule saying you can't do that. We went to an insurance commission and they agreed with us. At that point they put a fine on the Village of $250.00 for changing her policy without telling her. With that Christine and I felt if they broke a law and they didn't tell her and we incurred a bill maybe they should help us out with this bill, The primary discussions and correspondence they kind of agreed but they didn't feel they should pay the whole bill because they felt her old insurance policy even though it was 100°o wouldn't have coveted the whole bill anyway. So we agreed whatever the difference was between them that is maybe what they should pickup. For five months my wife started writing letters to HMSA and to Kana Village getting this information that everybody requested—the difference between the two policies. After the five months was up nobody wanted to talk. After we found out what the difference was now all of a sudden everybody goes nuts. They are not going to talk to you, So we took them to small claims court, the village where my wife works. They took it and sent it to federal court. They let it go to federal court They dismissed it All we are asking for is paperwork and we are asking for the Judge to make a decision on a $200.00 difference. I MSA brings in a lawyer. My •,vile assumes a Judgment against her for $4,000.00 in small claims court for attorney fees. Well, I said this is nothing more than abuse of powers. Here we are two citizens. We are the victims and we are getting whipped so I am going to do the only thing I got left. Freedom of speech. I am going to see if the Constitution still works for me. So I am going to carry a sign in front of Kona Village Resort letting the employees know and letting all the people know what is going on. I went up there one day and this was basically against my wife's wishes because she didn't agree with it but I had to do it because I didn't like what was going on. I'm out these on the street. By the way, I made sure I was allowed them. I called police department. I called county officials, planning, engineering inquiring if I am allowed on that street carrying a sign. Yes, you are. Q. What street are you talking about. A. Queen K. They said as long as you are not obstructing the traffic they sent a police officer up there to make sure I wasn't Everything was fine. Her management,Kona Village they are a good 20 minutes, 10 minutes, a good mile from me. They got to come out and they got to harass me. They got to confront me. They got to belittle me. They got to say I'm looking like a jerk out here. Q. That is their management A. That is their management Signature: Date rtd .S;CT Zb'S 96'60-:o -- SP3 6T :61 .1H1 86 t0. 90 statement of. Thomas John Russi Jr. 271 272 Q. Do you know specifically who that was. 273 274 A- Yes, that was Jack Terry. So at that point I said okay, now the ball is in my 275 court because I made a promise to Christine. I said Chris, I am going to go 276 out there and I am going to stay on the street and that is it and I took it 277 back because they hassled me so I drove in and used public access on their 278 beach—on a public beach. They tried to stop me. They made some phone 279 calls and they said you can't stop the man. I -ie is allowed to use public 280 access. I think they called the police department So there I am on the 281 beach now carrying the sign. I am 25 feet front their restaurant. That is 2S2 not where I was going to start this. They were harassing me so I go down 283 and now I am executing my freedom of speech on a public beach rather 284 than up on the street That is their choice not mine. Then things started 285 escalating- They knew that they had to get me off this beach. They got the 286 help of the police department to do it I was not about to break the law. I 287 was not going to fall into that trap so any time I was confronted by 288 anybody in uniform or with any authority I backed off and went home 289 whenever I was confronted That is why I was there. I was exercising my 290 first amendment rights. 291 292 Q. Four Seasons and Kona Village—they use the same beach. 293 294 A. They actually what happens is once you get onto that beach access then 295 you have all the way from the south end of Foiu Seasons to the middle of 296 that sante beach. I fust utilized it with my sirs;. 297 298 Q_ How big was that sign... describe your sign. Where is your sign. 299 300 A_ I still have it. Well it started out saying, Derick..• 301 302 Q. How many different signs have you had. 303 304 A. Two. The first one said Kona Village Resort Ohana betrayal. There it is 305 right there. Then it changed because Christine got a disturbing note left in 306 her locker that said they didn't like us using Ghana because we are not 307 Hawaiian and we agreed with that and then I changed it to one employee 308 wants to talk to you. That is all we were asking management to do was 309 talk to her and then while I was wal" and being harassed by Four 310 Seasons I uncovered a handicap walkway that they had covered up which 311 the Planning Department agrees they have to take care_ vf. M -ds is why the 312 Four Seasons got involved. 313 314 Q. As far as your truck whose property was it parked on. 315 \Lbad &.Ta{c Signature: __ Date.- rCO Qj 7V4 �C:('i TyGR 'Fn Cn 8Z0 z IVI OZ:BT IBI SGt0 90 • Statement of: Thomas John Russi Jr. 316 A. At one time it was parked on Four Seasons..S mean Kana Village. But 317 when they told me to move it was parked on Four Seasons. 318 319 Q. Okay. You went down to Kona Village two times. Were you told to leave 320 two times. 321 322 A. No, they never bothered me. 323 324 Q. And you went to Four Seasons four to five times and no one bothered you. 325 326 A. Well, no. I think the second or third day that is when the police officer 327 came and said I was trespassing even though I wasn't because I was 328 parked in public access. That is a point there. 329 330 Q. In regards to this complaint number HPC 97-29 on the Misuse of Position 331 or Office or office conduct towards the public—anything else you can add 332 plus the complaint against the two police officers. 333 334 A. Like I said the day that they showed up the only thing that I can say that 335 they did they would refuse to listen to me and I wasn't breaking the law. I 336 think the first thing they should have done was go and check my truck to 337 see where it was parked and it would have told them right away I wasn't 338 trespassing. 339 340 Q- So they did not check that 341 342 A. No, they did not. 343 344 Q. Did they admit that they did not check it. 345 346 A. When I had met them like I said later on that day or hours later I met them 347 at the Four Seasons on the beach again on public access. 348 349 Q. I'm going to stop this side of the tape and I am going to tutu it around.. It 350 is November 6,1997, at 6:44 p.m. This is November 6,1997, at 6:45 p.m. I 351 am continuing a recorded statement with Mr. Thomas J. Russi at 73-4422 352 Holoholo Street in Kailua-Kana, Hawaii. Mrs. Russi once again I need to 353 ask your permission to take this recorded statement. 354 355 A. Yes, you have. 356 357 Q. Where were we. 358 359 _ A. I was telling you what T felt the police officers didn't do. They didn't listen 360 to me and they didn't check to see what they were called out for was �3bod_So �– Signature: Date: :C0vJ YFJ GC.CT TFC QR On 'en 6Z0(�] SF'3 OZ :6T AHI. S6 to -90 11 statement of: Thomas John Russi Jr. 361 actually a break in the law or whatever. They just didn't do that and then 362 when we met several hours or whatever on public access again I did recall 363 one of the officers saying to me that if I would have known that you were 364 on public access with a permit I wouldn't have done anything. 363 366 Q. Do you know which officer that was. 367 368 A. I think it was Leith Officer Leith. Officer Leith did most of the talking. 369 The other officer just kind of stood by. So he did admit that to me and I 370 told him earlier that but he said that but he claims he didn't say bo... 371 372 Q. How exactly did they misuse their position as a police officer. 373 374 A. I think they did by taking a side without seeing if anybody was breaking 375 the law. Now I understand a police officer has to keep the peace. I wasn't 376 breaking any law. I wasn't harassing anybody. I was standing there 377 holding a sign. And they knew they couldn't do anything about that. 378 379 Q. Were you dressed. I just have to find out. 380 381 A. I know I would have got a Iot more attention if I wasn't but, no, I was 382 dressed. 383 384 Q. What was the attire. 385 386 A. Jean shorts and a tee -shirt - 367 388 Q. You mentioned freedom of speech so I needed to verify how you 389 expressed it How did he misused his position as a police officer. 390 391 A. I think I'll put my feet in their shoes. I think I would find out first of all if I 392 was breaking any law. First thing I would have done is what are you 393 calling me for. Go and check my truck. It has got a pernzit in it and is 394 parked in public access,hello, could you check if it is illegally parked. 0^95 There is other areas to park on the left That is when it is full. I don't 396 know why you are calling me Four Seasons... the man is not trespassing. 397 First of all he is not even on your beach_ lie is on their beach and his truck 398 is parked legally so what they did is they ignored my statements, ignored 399 looking at the auck, they made me move! t. Now the process of me 400 moving that truck was a lot because I could not go through Kona Village 401 Resort I had to stay on public access so I hao to walk that beach by Four 402 Seasons from Kona Village all the way bac): on sand. -that is all sand...alI 403 the way back to the walkway at Four Seasons_ That is a good haul and 404 they knew it. 405 'Wood s._-rhu r-+• �--- Signature: Date CLo1J SFA BS;:N .IFS 86.$0'SO nCo SVA TZ:6T .]HI. 86'to Do , 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 a_22 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 a Statement of. Thomas John Russi Jr. Q. So is it Four Seasons that called the police department. A. That's right. Q. Or Kona Village. A. Well, from my understanding it was Four Seasons because Edwin was the gentlemen that approached me and said I was trespassing at the Four Seasons. Q. The police and Four Seasons security, how did they get to the beach. Did they come through Kona Village. A. Yes, they did. They all came through Kona Village, they all drove over I guess. Q. Did they drive past your vehicle at all. A. I can't answer that. They didn't come from that direction but they could have passed it. I mean they could have drove by it. They didn't tell me they did. Q. And regards to the conduct towards the public. How would you feel. What is the justification. A. Just the fact that they didn't listen to me_ They just ignored me. Q. So were you arrested. A. No, I was not Q. Any charges. I understand they had one of trespassing. A. I refused to do that Q. Was that Four Seasons or the police depamnent A. No, Four Seasons. Q. But you were in front of KonaVillage. A. They were saying my truck was. The trespass notice didn't say my truck. It had my name on it. mss.::: Signature: Date �.. tCO2 TY4 AC.PT TVC oa an en TCO2 XV:1 TZAT AHI. 66-t0 90 A Statement of: Thornes John Russi Jr. 450 co 12) Q. That day which sign were you holding does it say Four Seasons in a 451 handicapped public walkway sign. 452 453 A. No, I hadn't gotten to there yet. No I was with the first one. 454 455 Q. I'm going to read out the sign for the record. 456 457 A. That wasn't what was on in the beginning. 458 459 Q. On the day of this incident, what did the sign say. 460 461 A. Help me out Chris. 462 463 (Chris) On the day it was Kona Village Resort Ohana? Betrayal. 464 465 A. This didn't happen until a few days after she received her note. 466 467 Q. And were you physically detained or assaulted. 458 469 A. No_ Physically anybody touch me, no. No, they did not - 470 471 Q. This statement was taken regarding complaint number 97-29. I -T&97-29. 472 473 A. Yes. 474 475 Q. Anything else you can add or change. 476 477 A. I don't believe so. That is just about iL 478 479 Q. just for the record we had another voice here that interjected on occasion. 480 For the record Christine can you state your full name. 481 482 A. Sure. It is Christine Dawn Hall. 483 484 Q. Can you spell your first name and last name. 485 486 A. Yes. It is C -H -R -I -S -T -1 -N -E. 487 488 Q. And did I have your permission to record your comments. 489 490 A. Yes. 491 492 Q. Can you give us your Social Security number and mailing address. 493 Qrmd 6, Tait - +-- Signature _ __ Date: - ate col lCO pj %V3 TZ�6T IHI.• 86-t0A0 to Statement of: Thomds John Russi Jr. 494 A. Yes. Social Security number is 283-46-8077 and mailing address is P. O. 495 Box 3586, Kailua-Kona, 96745. 496 497 Q. And I also need your date of birth. 498 499 A. 05/31/51. 300 501 Q. To get back to you Mr. Russi for the record can you state your full name. 502 503 A_ Thomas John Russi Jr. 504 505 Q. Ase the statements you have made in this recording your true version to 506 the best of your knowledge. 507 508 A. Yes, they are. 509 510 Q. Has this recording been made with your full knowledge and consent 511 512 A. Yes, it has. 513 514 Q. Thank you Mr. Russi. This concludes the recorded interview regarding, 515 complaint #I -IPC 97-29. 1 am going to turn off the recorder on November 516 6, 1997. Itis 6:52 p.m. 517 acorn CtiO� Signature: Date INJ 69 T Sky 96 8nen Ski ZZAT 1H.I 86rt0.90 0 Wood 6z Tait b"V-; Pgm•AojuJ 4 January 21, 1998 Officer John Leith Hawaii County Police Department 349 Kapiolard Street Hilo, Hawaii 96720. Re: HPOP Occurrence: Complamant: Our Ref: Dear Officer Leith, 97-29 07/13/97 Thomas Russ: 03 I- MI 7-70957' Enclosed is a transcription of our recorded conversation of January 8,1998, concerning the captioned complaint. We request your assistance in our investigation by reviewing your statement and making any changes you feel appropriate. If this transcript is acceptable to you as is, please call us with your approval. Sincerely, Wood & Tait, Ittc. Stephen J. Tait Hilo Office Hawaii • Maui • Kauar • Oahu 820 Piifani St, Suite #201, Hilo, Hawaii 96720-4600 , Tel SCS 969-7030 - Fax 808 969-7933 Email wihilo@ilhawaii.nat 6C0� SV'3 00:tT SFS 60'80-S0 t002 SFA ZZ:OT .1HI 80.10 .90 NAMED OFFICERS COMPLAINT INFORMATION (PLAINT HPC 97-29 1PLAINANT: Thomas J. Russ' IED: Offioer John Leith DATE/DAY/TIME REC'D.! July 30, 1997 ASSIGNED:__ oacl ° Tait, InQ./Stye Tait WT AGE_-- BDG RANK DIV, DIARY OF COMPLAINT: Orfirer misused _Rgsitien of aut;:ority LEGATIONS: Officer did not chec,t nubliC parting pertait and right of Nvblic access ;;han as,,cinc, complainant to Ieave the Four Seasons Resort. ARGES• -Lpc Rules &Police Statements, Rule 7 "Xisuse of Position or Office, Rule Conduct to+.:ard the oubiic." ERE OCCURRF.n: Four Seasons Resort, Kailua-?zona. TE/DAY/TIME OCCURRED: Sunday, Julv 12, 1997, 08$0 hrs, RESTED do POLICE REPORT NO. TATION NO t V I O:.AT I Employee, Investigator, SHOPO C 5 (Rev. 10/93) OFFENSE _ SF -3 00:t'T SES 86.60.co SCO SV,I ZZ:6T 1HI H t0 90 5 e Statement of: John Leith 1 1 1'11 start this recording by stating that my name is Steve Tait. Today's date is 2 January 8, 1998. It is 2:30 p.m., and I am speaking with Officer Leith and we are 3 going to discuss Hawaii Police Commission complaint 97-29. The complainant is 4 Thomas J. Russi. 5 6 Q. State your full name please. 7 8 A. John B. Leith, Jr. 9 10 Q. Spell your last name for me. 11 12 A. L -R -I -T -H- 13 14 Q. 'What is your rank and badge number. 15 16 A. I'm Police Officer Two, badge #128. 17 18 Q. What is your birth date. 19 20 A. 21 22 Q. And your Social Security number. 23 24 A. 25 26 Q. What is your address..... Your are assigned to the Kona 27 patrol. 28 29 A. Kona patrol. 30 31 Q. Going to this incident Mr. Russi said that this occurred on July the 32 13,1997, and it happened at the Pour Season's Resort and 33 1 guess there was some doings over at the Kona Pillage Resort too. 34 35 A. Right. 36 37 Q. Tell me when you got the call what you were asked to do and then what 38 happened—how you responded. 39 40 A. I was assigned to meet with Four Season's Security and they wished to 41 issue a trespass warning or something to do with a trespass. Myself and 42 Officer Antolin drove up to the Four Season's Resort. 43 44 Q. So in this case you weren't asked to do anvtlung but what -stand by. 45 �—.— �+-- Signature: Date: GCO Q1 noz T+3 OO:tT lvS 86.-GO:SO SFd CZ :6T 1H1 BG-tO DO 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64. 65 66 67 68 69 70 71 72 73 74 Statement oh John Leith 2 A. Stand by as far as what I can recollect. Q. But they weren't telling you to go arrest the guy or anything. A. Oh, no, no. Q. It was just go issue a trespass warrant. They wanted you...officers stand by. A. Correct So we get over there to the Four Season's Resort and meet with security personnel over there and they subsequently lead us to this location where Mr. Russi was at. Q. Where was that. A. Well at first I thought it was Four Season's Resort but when we get to the property zone between Four Seasons and Kona Village Resort we meet up with the personnel from some of the management of the Kona Village Resort and then at that location we all jump into this golf cart and this is the security from Four Season's, Officer Antdlin and myself, and Kona Village management and proceed to a location nearby a restaurant where a male party was standing there with a sign. Q• A. Q. 75 A. atoz LCO2 Where was he at that point. He was standing... Was it on the beach or on the property. On the beach. I believe on some rocks. His back was facing the ocean and while I was there the representative from Four Season's started reading...explained what was going on and started to read ... I am going in read you a trespass warning, so and so and so... And that was one of the security guards. One of the security guards—and we Just stood back as he read it and... So at that point you didn't have any interaction with Mr. Russi. A. No. I was standing in the back and then the security and the management from Kona Village and the security from Four Season's were spealdno with him and... `�-- Signature: Date* TYA nn:tr rvs Qr,'80'sn TF3 CZ:Bi .1HI 88;1090 A Statement of. John Leith 3 90 Q. That is a standard police procedure, isn't it when something is going to be 91 served or some kind of a warrant sometimes they do it with process for 92 divorce they will ask an officer to stand by anticipating if something 93 should happen the officer could then assist or document what was 94 happening. I mean isn't that a common procedure. 95 96 A. Common, yes. 97 98 Q. So basically your job there was just a standby. 99 100 A. Correct. 101 102 Q. I mean you Weren't asked to do anything to Mr. Russi. 103 104 A. Not at all. 105 106 Q. Okay. So then what happened. 107 108 A. So I stood by and they read the form to him and then he ... if I am not 109 mistaken he didn't want to sign it which is fine and they explained to him 110 we hereby no longer want you on the property of Four Season's so and so 111 and he had gotten into an issue relative to public access. 112 113 Q. He started talking about that. 114 115 A. He started talldng about that. And then he also had made mention about 116 his car being parked and that his car was in the Four Season's parking lot 117 but that he had a parking pass and etc. and etc. and the security from Four 118 Season's asked if his vehicle can be removed. 119 120 Q. So were you in the parldng lot then. 121 122 A. No. We are still at the beach. 123 124 Q. So two things... they ask hire to leave I mean basically the trespass warrant 125 and then they want him to move his car off their property. 126 127 A. Right. The thing was Four Season's basically was giving him a trespass 128 warning for their property and then he has mentioned that his car was 129 there on their property and that he had a parking pass and they asked if 130 he could remove his car from their property and he was going on about 131 the right of way type of thing. 132 133 Q. So he was saying I have a right to be here. 134 vied b<Ta� r.,.�...�.. Signature- ---- Date tto z %Y3TO:tT INR Rr 60 CO SCOO 1F3 tZ:6T IHI. H J0.90 s Statement of: John Leith 4 135 -too A. Basically. I really wasn't paying attention as to that but it wasn't like they 136 were kicking hire out of Kona Village. It was more so they were trying to 137 explain to him about going onto Four Season's property. 138 139 Q. I guess he had parked at Four Season's to go and protest at Kona Village_ 140 141 A. Exactly. 142 143 Q. And the people at Four Season's, for whatever reason, they wanted to give 144 hire a trespass notice for Four Season's and then they wanted his car off 145 Four Season's property because he wasn't at Four Season's. 146 147 A. Exactly. 148 149 Q. okay. Now in his complaint he says that the officers first of ali that you 150 stepped between him in an intimidating manner that was meant to 151 provoke him. What is your response to that. 152 153 A. No. The entire time everybody was realty calm and collected and any 154 movement I made was just a natural body movement because he didn't 155 show any signs of aggression. He said he would move the car. I thanked 156 him for cooperating with everybody and making it really easy and he said, 157 "No problem." He said he had no problems with the police department so 158 1 don't know what he is talking about. 159 160 Q. That's part of his complaint when he said that Officer Leith then—let's see 161 here ... let's go back up here ... he said, "At this point, because neither offices 162 was acknowledging my statement I turned to,,,,ard Mr. Whitlock to 163 remind him about the permit- I was still holding the sign in front of me 164 with both hands. As I took one step toward Mr. Whitlock, Officer Leith 165 stepped in front of me. I backed away because I felt this was a show of 166 aggression." So did that happen. 167 168 A. No, I don't recall that happening. Taking a step toward him in a sign, of 169 aggression or anything ... I don't even recollect moving. if any movement 170 was made it was either to walk away from what was going on because 171 everything seemed to be okay. They made the trespass warning, he was 172 cooperating with them and he was going to move his car and I thought we 173 all were just going to leave but I don't even recollect taking a step toward 174 him at all to get between him and anybody. 175 176 Q. So just remembering this situation you don't remember feeling like you 177 were making some sort of a move on Mr. Russi. 178- 78 Zfi0o YV4 TO:tT TFC RR/Fn'en 6C0 YV-i tZ AT .1H1 86- t0. 90 A Statement of: john Leith 179 A. No, and there was no need to because he wasn't making any movements 180 to show any signs of aggression. Management wasn't showing any signs 181 that there was going to be any type of fight There was no need for me to 182 go between anybody at all. 183 184 Q. And the second part I guess...two fold. --he is saying that you told him to 185 move his truck. Did you tell him to move his truck. 186 187 A. No, I did not. 188 IS9 Q. Did you order him, command him, to move his truck. 190 191 A. No. 192 193 Q. Because part of his complaint revolves around his right of access and the 194 permit in the windshield and he is accusing officers of not checking that 19S permit because you told him to move his car. 196 197 A. Basically he might have been asked at one point by security if he would 198 move his car and I might have asked him, "Would you move your car for 199 them," you know—they are saying, "Will you move your car;' and I 200 wouldn't say, 'You have got to get your car out of here." 201 202 Q. Or if you don't move it I will arrest you... 203 204 A. No. It was more like are you going to move your car if I did. --1'm not 205 specific but it would have been to that respect because he was reaEy 206 complying. He said, "Sure, I will move my car." It might have been a 207 response where they asked him --told 1t1m—Sir, drill you move your car 209 and he said, "Okay." 1 thanked him that he was cooperating with police 209 and not giving any problems and then he asked if it would be okay if he 210 walked along the beach to go to his car. We said, "Sure, fine, go 211 ahead ... you can walk on the beach," and everything was fine at that...so a 212 threat of arrest. -none of that was happening. 213 214 Q. You didn't tell him, "Get your car out of here..." none of that. 215 216 A. No. If anything was asked it would have been asked because security 217 asked. Basically said, "Would you move it Nvithout any problems," and he 218 said, "Okay," so there was no reason for us to threaten him in any way 219 with arrest or anything. 220 221 Q. So the statement he made that officers basically came there without 222- checking the permit and told him to move his car you don't remember that 223 ever happening. Q9 Wma 4it -+--- Signature. Date tto �t oro z 7Y4 Zn:IT t.t< Rh rn en SFd SZA T 1HI H f0.90 Statement oh John Leith 224 225 A. No. The surprise of this whole thing is that because he was compliant and 226 everything went so smooth. 227 228 Q. It was almost like a non-event. 229 230 A. Yeah. It was like a routine ... you tell the guy they are serving this and he is 231 like sure and then okay, thanks. You know, that kind of deal. I never 232 imagined any of this kind of thing. 233 234 Q. Well, one point that he made in his complaint is that the Four Season's 235 asking him to leave the property was not lawful and proper and that the 236 trespass warrant, the issue of whether that trespass was valid ... is that 237 really your issue. I mean are you there to break out the law books or I 238 mean how do you deal with something like that. If whether that 239 particular act is lawful and proper. 240 241 A. You know it became a matter where he was asking a lot of specifics about 24-2 what is public access, exactly what zoning and what Four Season's and 243 Kona V- age exactly have and what areas can he go and I myself wasn't 244 able to answer it because I didn't know. I don't have the books of the 245 zoning. I don't know exactly what specifics are public access and nobody 246 there at Four Season's had it- I looked to my senior officer which is Officer 247 Antolin. He didn't have it. 248 249 Q, But it seems to me that you really weren't there to get him to leave. I 250 mean you didn't ask him to leave. You were backing up ... you were there 251 as a standby. 252 253 A. Exactly. 254 255 Q. And so it would seem under those circumstances if he had a real 256 complaint over the issue of access it would be with the resort. 257 258 A. Exactly. As a matter of fact I recall him saying that he did not have a 259 problem with police. He made men rion that, "Hey, listen guys, I don't 260 have a problem with the police, okay, this is an issue between me and 261 them." And he made that statement and he even had a tape recorder in 262 his hand...I thought he was taping himself saying it because I saw him 263 holding a tape recorder in his hand and everything was said. He must 264, have recorded it because he had it with hire. 265 266 Q. Why do you think Mr. Russi has filed this complaint against you and 267 Officer Antolin. 268 VC%wd S.Taic -.--..•� Signature: Date: - TN' -4 ZO:tI TY 1.; 96'60So ItoZ YF9 S 7 : 6 T IHI. H to'90 :J 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 Statement of: John Leith A. I have no idea. We were kind, professional, respectful and he was telling us and acknowledging its that he had no problems with us and that the thing isn't with us—the beef isn't with us and that he understands that we have got to do our job. This thing came as a total surprise. Q. So in terms of him and his complaint that he has fled to just answer the complaint of misuse of a position of a police officer how do you respond to that I mean basically misuse of a position of office is the complaint. A. Q. A. Q- A. Q. WYAW.! 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 2r02 Zrob Q. A- Q. Q• A. Q. A- I responded. There was no misuse of position of a police officer. Did he ask you at any time for your name, your badge number, information of any kind about the officers that were there. I don't recall. My name is visible on my uniform. You didn't refuse to give it to him. No, not at all. And at any time you didn't use any violent, insolent language or cuss at him, yell at him, threaten him... 7 More so, sir, because of the fact that he had a tape recorder and the fact that he was going to be taping this we used professionaL..matter of fact we went beyond the scope ... to try to explain the circumstances to him beyond and being as professional as we could and give as many answers as we could that we knew to help him and like I said his response to us is a total ,surprise because he was telling us, "I'm sorry, it is not you guys fault;' and that kind of thing. It comes as a total shock. Do you know Mr. Russi. Had you ever met him before this. Never. Never in my life. It was the first time that I met him. Have you seen him since then. I haven't seen him since then. Come down to the station... none of that. if he has come to the station I haven't seen him. Q. That will take care of what I need to know. Is there anything that you would like to add to this that we haven't discussed—anything at all. Wood 6s Talc � -.4 -- Signature: Date : - TVA 70,: I IV 98 80Off TF.I 9Z:6T 1HI HJ0 90 T Statement of: John Leith 9 314 315 A. No, other than Officer Antolin was as professional as I could ever see and 316 I am sure he will say the same about me when you interview him. 317 318 Q. Okay ... rm on my way. Are the statements that you have made true and 319 correct. 320 321 A. True and correct. 322 323 Q. And you knew I was recording this. 324 325 A. I knew you were recording this. 326 327 Q. State your name again please. 328 329 A. John B. Leith, Jr. 330 331 Q. And my name is Steve Tait. It's the 8th of January, 1997, and I am going to 332 turn the recorder off right now, )toa Cto z Date: �i rn:AT TVQ CR,2n.Cn TFd 9ZAT .1HI 88-t0. 90 11 Wood Tait Im•p(�S�m� • advYmwfh January 21, 1998 Officer Greg Antolin Hawaii County Police Department 349 Kapiolatti Street Hilo, Hawaii 96720. Re: HPC#: Occurrence: Complainant: Our Ref: Dear Officer Antolin, 97-29 07/13/97 Thomas Russi 031M117 -70957W Enclosed is a transcription of our recorded conversation of January 8, 1998, concerning the captioned complaint. We request your assistance in our investigation by reviewing your statement and maldng any changes you feel appropriate. If this transcript is acceptable to you as is, please call us with your approval. Sincerely, Wood & Tait, Inc. Stephen J. Tait Hilo Office Hawaii - Maui • Kauai • Oahu 820 Milani St., Suite #201, Hilo. Hawall 96720-0600 • Tel 808 969-7030 • Fax 308 953.7933 Email wthllo@ilhawan.nat 9t0Cj N -v4 r,n:rT Ttc QP.ifin cn tt0 Qn SFH 9Z:6i 1HI. 86.10.90 r e NA=OEc ER' S COMPLAINT It1FQRtSATlO ti :dPLAINT HPC 97-29 t'IPLAINANT: IhOmdS J. RUssi DATE/DAY/TIME REC'D.: j ASSIGNED: hood & Tait, Inc. 30, 1997 t2ve Tait [,IED: Officer Zrag Antolin HT WT_ AGE— BDG_____ RANK— DIV______ KYARY OF COMPLAINT: Officer misused sition of autl,ar'ty LEGATIONS: Officer did not check public parking pexmit and rig -ht of public access r'hen asking complainant to leave the Four Seaset:s Resort. ARGES: HPC Rules & Police Statements, Rule 7 "Misuse of Posi!Aon or Office, Rule _5 conduct to:.ard the public." ?RE OCCURRED: Four Seasons Resort, Kailua-Kona. I'E/DAY/TIU1E OCCURRED: Sunday, July 13, 2997, 0830 hrs. RESTED No POLICE REPORT NO. EmPIOYec, Investigator, SHOPO S (Rnv. 1',/93) OFFENSE TVA [Fjn LZ?8T6 IHI� A$6 tOn 90 Sfi01� Statement of: Gregorio Antolin, Jr. 1 Ill start this recording by stating that my name is Steve Tait. Today's date is 2 January 8, 1998. It's 3:25 p.m., and I am speaking with Officer Antolin. We are 3 going to discuss Hawaii Police commission complaint 97-29. The complainant is 4 Thomas Russi, Jr. 5 6 Q- State your full name please. 7 8 A. Gregorio Antolin, Jr. 9 10 Q. What is your rank and badge number. 11 12 A. Patrol officer, 251. 13 14 Q. What is our birth date. 15 16 A. 17 7Andtwt 18 Q. your social security number, 19 20 A. 21 22 Q. You are with the Kona patrol. 23 24 A. Yes, I am. 25 26 Q. On the day of this incident which Mr. Russi says was July 13, 1997, tell me 27 about the call you received and what you were asked to do and then tell 28 me what happened. 29 30 A- Well, we were to proceed down to Your Season's security office. They 31 contacted security because they wanted to issue a trespass warning on a 32 Mr. Russi. So myself and Officer Leith went down and met with the 33 security then we went down to the shoreline to look for them. We had 34 informtion that he had walked along the shoreline over to Kona Village 35 where he was standing. 36 37 Q. So you weren't asked to arrest Mr. Russi. You were there_.. what was 38 your... 39 40 A. We were there just to assist them when they issue a trespass warning. -just 41 to stand by to make sure there was no physical confrontation. 42 43 Q. So what happened. 44 Go aro«a Brat Date �-+�- Signature 8t0 o T -V4 tn:6T iNC QR /An 1Cn 9t0 2 YF3 LZAT 1H1 88;10 90 Statement of: Gregorio Antolin, Jr. 45 A. After we found out he was over at Kona Village we walked over but then 46 we were driven over by Kona Village security and he was standing on the 47 rock. They have a rock that they built there for their guests to step on and 48 watch the fish right on the water edge. Because of the area that was so 49 small there were the security guards from Kona Village and personnel 50 from Four Season's and from Kona Village walked towards him where he 51 was standing and Officer Leith was there. I stood back because we don't 52 want to show that many people for one person so I just remained bad'- ack53 53 away from the area. I just saw them talking to Mr. Russi. After that Mr. 54 Russi stepped forward like he was about to leave. Then Officer Leith just 55 kind of followed suit and Mr- Russi backed away from the group. After 56 that he left. 57 58 Q. Did you observe Officer Leith at any time use vile language or verbally in 59 any way try to use his police authority to intimidate, threaten Mr. Russi in 60 any way. 61 62 A. No. There was no body language. He just moved. I thought that Mr. 63 Russi was leaving so he was walking towards the walkway and Officer 64 Leith just motioned to move along with it. 65 66 Q. What was Officer Leith's demeanor. Was he angry. Was he calm. 67 68 A. No, he was really calm. 69 70 Q. And the tone of this meeting with Russi and Officer Leith... 71 72 A_ It appeared he was fine. There was nothing ... no confrontation. 73 74 Q. Did Officer Leith at any time ask Mr. Russi to Ieave the property. fid he 75 command Mr. Russi to leave. Did he ask .&. Russi to move his car. 76 77 A. He asked Mr. Russi if he was going to move his car. 78 79 Q. Oh, if he was ... but he didn't command him to move his car. 80 81 A. No. He asked Mr. Russi if he was going to move his car and I guess Mr, 82 Russi said he would but Offices Leith told me that Mr. Russi said he was 83 going to move his car - 84 85 Q. Mr. Russi was cooperative. 86 87 A. Yes, he was cooperative. 88 89 Q. He wasn't angry at the police officer. Qtmd ExTn{e -�•�+--� 5ignahtre: Date: ON Lto z YV4 tn:FI TVIZ AR; Rn cn SFd GZ:6T IHI 96 f0 F 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133- 134 Statement of: Gregorio Antolin, Jr. A. No, he wasn't. P1 Q. Do you have any idea why Mr. Russi riled this complaint naming you and Officer Leith. A. I have no idea. Q. In his complaint he says "the misuse of position of office and conduct toward the public" so I guess addressing those two issues did you or yourself at any time misuse your position of authority to try to intimidate Mr_ Russi. A. No. Like I said I stayed away from them I wasn't even talking to him. Q. What about the conduct. Was your conduct toward Mr. Russi polite. A. At all times. Like I said I didn't make contact. Officer Leith showed no hostile emotions to him, Q. Do you know Mr. Russi. Have you ever had contact with him before. A. No, I haven't. Q. And after that time ever seen him after that day. A. No, I haven't seen him after that. Q. That will take care of what I need to know. Is there anything that you can add to this that we haven't discussed. A. No, that is about it. Q. Are the statements that you have made true and correct. A. To the best of my knowledge. Q. And you knew I was recording this. A. Yes, I did. Q. state your name again please. A. Gregorio Antolin, Jr. is abod 6a'rau `�,•' ••" Signature: _ Date:- 20z ate 20Q YVA to:tr tYc aF.Fn,cn 8t9�]l't'9 8Z�6T .1HS 86-Y0.90 Statement of: Gregorio Antolin, Jr. 135 Q. Thank you, officer. It is January 8, 1998, and I am going to turn the 136 recorder off right now. CLEaad 'it ��-^ •*-- Signature: Date 0 ZCO �� 7V4 Cn:IT TVIZ AR Rn cn 6F0(�] %V3 SZ:6T 1HI 86-f0.00 Wood &Tait ,.AA,,um", March 11, 1998 County of Hawaii Police Commission 101 Aupuni Street, Suite 228A Hilo, Hawaii 96720 INVESTIGATION REPORT [Report No. 1 ] Re: Your Ref: 97-30 Complainant: Thomas J. Russi Date of Occurrence: 07114/97 Our Ref: 03 HMI 7-70944LV Exhibits: [1] Copy of 10/27/97 Letter to Thomas Russi. [2] HPC -2 Compla`.nt of Misconduct -Thomas Russi. [3] Statement of Complaint -Thomas Russi. [4] Waiver of Prosecution Form dated 07/14/97 -Thomas Russi. [5] Hawaii Police Department Incident Report #F- 3267 5KN. [6] Witness Biography Thomas Russi. [7] Witness Biography-ClLristine Paid. [8] Photographs (2 each). [9] Staternent Transcription -Thomas Russi. [101 Letter of 11 /19/97 From Thomas Russi. [11] 0; /03/98 Letter to Officer Belinda Kahnva. [12] Statement Transcription -Officer Belinda Kahiwa. [13] Copy of 03/03/98 Letter to Sergeant Alexander Graves. [14] Statement Transcription -Sergeant Alexander Graves. [15] Copy of 03!03/98 Letter to Officer Clarence Yee. [16] Statement Transcription -Officer Clarence Yee. [171 Recorded Statement -Thomas Russi_ [18] Recorded Statement Belinda Kahiwa. [19] Recorded Statement -Alexander Graves. [201 Recorded Statement -Clarence Yee. Hawa;; • Main • Kauai • Oahu 820 Pidani Sr, Suite #201, Hilo, Hawaii 90720.4600 • Teii Boa 96;-7030 • Fax 808 969-7333 Emaf. wThllo Slhawat. net 0�0 SV3 6Z 6T IH1 N6 f0 90 I March 11, 1998 COMPLAINT SUMMARY Page #Z Thomas Russi alleges Hawaii County Police Officers Dale Fergestrom, Belinda Kahiwa, Alexander Graves, and Clarence Yee falsificd police records in an effort to support a position taken by the Four Seasons Resort to have Mr. Russi property. removed from their CHARGE The Hawaii County Police Rules, Regulations and Policy Statements, Rule 7, (�) "Falsification of Records" states officers and employees shall not knowingly or intentionally falsify records or enter or cause to be entered any inaccuracy, false or improper inforrxtation on any record or records of the department. Rule 7, (10), "Use of intimidation in Legal Proceedings" states members shall not use their official positions as a means of forcing or intimidating persons as witnesses or complainants in any legal proceeding. COMPLAINANT Thomas Russi Jr. ox _ 6 Kailna, Hawaii 96745 � In his enclosed statement Mr. Russi tells tts his wife, Christine Paul, is employed at the Kona Village Resort. She was involved in a dispute �th Kona Village over health insurance coverage matters and -Mr. Russi was protesting this matter by holding a sign standing on the beach on property fronting the Four Seasons Resort. The Four Seasons and Kona Village are adjacent resort properties on the Kona coast. While Mr. Russi 1vas protesting a security guard foi• Four Seasons, Sara Lee, struck the top of the sign Mr. Russi was carrying w4th his walkie talkie antenna. Mr. Russi felt that %4r. Lee had assaulted him so he went to the Kona Police Station in Kealakehe to file a formal complaint against Mr. Lee. In the process of filing his complaint, Mr. Russi spoke witl.i police officers Clarence �,ee, Belinda Kahiwa, and Alexander Graves. As a result of .Mr. Russi's interaction with these officers his complaint was referred to Captain Dale Fergestrom. In speaking with Captain Fergestrorrt Mr. Russi wanted to make an assault complaint, which was after discussion with Captain Fergesirorrl and was changed to a harassment complaint against Sam Lee. Mr. Russi wanted to file the report as a matter of record Wood 6c Tait 03 HMI 7-70944W Complainant: Thomas J. Russi Vc+J a�.nr March 11, 1998 Page #3 only as he did not intend to have the case pursued by the Prosecutor. Mr. Russi, after discussing this matter with police, decided not to press charges so he was advised that a Waiver of Prosecution form must be filed. -Mr. Russi agreed to the Waiver of Prosecution form. When Mr. Russi filled out the Waiver of Prosecution form he remembers only writing in the words "Sam" as the person who the complaint was filed against and then withdrawn, but Mr. Russi did not know Sam's last name. Mr. Rossi then signed and dated the form. Mr. Russi recalls when he saw the form again as part of the police incident report, next to the words "Sam," were added 'Edwin & Four Seasons." Mr. Russi states he did not include the word "Edwin" and "Four Seasons" in his original Waiver of Prosecution form and these words were later added by someone in the police department_ For further information concerning the occurrence at the Four Seasons Resort we refer you to our report for incident number 97-29 which is related to this matter. Mr. Russi believes police officers conspired against him and purposely falsified the Waiver of Prosecution form in an effort to support the position taken by the Four Seasons Resort to have him removed from their property Refer to the enclosed recorded statement for details. WITNESSES In her enclosed statement Officer Kaluwa tells us she was assigned to a complaint filed by Thomas Russi concerning an incident that occurred at the Foto Seasons Resort involving a security guard identified as Sam Lee. Officer Kahiwa remembers Mr. Russi was filing an assault complaint alleging that Sam Lee had assaulted Mr. Russi with a walkie talkie antenna while on the Four Seasons Resort property. In the course of filing the complaint with police Mr. Russi later decided not to pursue charges against Sam Lee so a Waiver of Prosecution form was signed_ Ms. Kahiwa believes Captain Dale Fergestrom filled out the Waiver of Prosecution form which she later signed and approved and included as part of her investigation report in this matter. Officer Kahiwa tells us she did not falsify police records or include the words Edwin & Four Seasons on Mr. Russi's Waiver of Prosecution. She did not conspire against Mr. Is Wood &Tait • - 03 HMI 7-709441V Complainant: Thomas J. Russi Zc0� SFd OC:6T .IHI, 86 10,90 March 11, 1998 Page #4 Russi and is not aware of any police officers who knowingly or willfully falsified any police records in this matter. Officer Kahiwa tells us that their own internal CIU investigator interviewed her concerning this matter and that she was aware of the allegations made against her prior to our involvement in this complaint. Officer Kahiwa states beyond her own signature which included the date and time on the Waiver of Prosecution form, she made no false statements and included no additional writing on the form. Refer to the enclosed statement transcription for details. In his enclosed statement Sergeant Graves tells us he recalls Mr. Russi coming in to file a complaint which was assigned to Officer Clarence Yee. Because Officer Yee was unsure of how to handle Mr. Russi's complaint and how to fill out the appropriate paperwork it was then referred back to Sergeant Graves. Sergeant Graves recalls Mr. Russi's complaint involved an incident at the Four Seasons Resort where Mr. Russi believed a security guard working there, Sam Lee, had assaulted ldm with a walkie talkie antenna. Sergeant Graves recalls after several officers interacted with Mr. Russi, his complaint was eventually referred to Captain Dale Fergestrom. Sergeant Graves also recalls Mr. Russi corning in later to complain that a TRO was served to him by a non -uniformed officer, later identified as a sheriff, and Sergeant Graves provided Mr. Russi information concerning process service and the Sheriff's Department - Sergeant Graves tells us he did not falsify anv records involving Mr. Thomas Russi and his assault complaint, he is unaware of any conspiracy on the part of police against Mr. Russi. Refer to the enclosed statement transcription for details. Officer,(3) Clarence Yee Jr. Police u:. � !_ �.,•.':$a gE�a��aS:i :'�3s.iiilf:=4.ir.6;,'sa 0 Wood 6. Tart �— w-- 03 HMI 7-70944W Complainant: Thomas J. Russi �e0� l'F3 0:AT .1H1 86-t0.90 March 11, 1998 (808) 326-4646 Page #5 In his enclosed statement Officer Yee tells us he was assigned to Mr. Russi's complaint when Mr. Russi first came into the station. Officer Yee went into an interview room with Mr. Russi to file the complaint. Mr. Russi was alleging a security guard at the Four Seasons Resort had assaulted him with a walkie talkie antenna and he wanted to file an assault complaint. Officer Yee remembers while he began filing the report Mr. Russi got up and started to walk out of the interview room. When Officer Yee asked him if he wished to file a complaint Mr. Russi said, "No." Officer Yee tells us Mr. Russi then left the station and he has had no further interaction with him since that time. Officer Yee is aware Mr. Russi came back into the station later to complete his assau_t complaint which was handled by other officers at the station. Officer Yee tells us he did not falsify any records concerning Thomas Russi, he is unaware of any police conspiracy against Mr. Russi, and he did not knowingly change the �17aiver of Prosecution form filed by Mr. Russi in this matter. Refer to the enclosed statement transcription for details. (4) Captain Dale Fergesirom Police Captain, Badge #7 In our interview with Captain Fergestrom he tells us he recalls Thomas Russi came into the station to file a complaint which was originally handled by other officers at the station. Because of the nature of Mr. Russi's complaint, he was referred to Captain Fergestrom. Captain Fergestrom remembers after a conversation with Mr. Russi and his wife it was determined that Mr. Russi wanted to file a complaint against a security guard at the Four Seasons Resort, Sam Lee, who Mr. Russi alleges assaulted him with a walkie talkie antenna. After their discussion the assault charge was changed to a harassment charge however Mr. Russi decided not to press charges. Captain Fergestrom tells us Mr. Russi did not know the full name of the security guard and only knew him as Sam but because Mr. Russi did not intend to file a formal charge against the security guard he agreed to sign a Waiver of Prosecution form. Captain Fergestrom tells us Mr. Russi filled out the Waiver of Prosecution form and Captain Fergestrom believes Mr. Russi completed the form including the words 'Edwin, Sam & Four Seasons." Captain Fergestrom does not believe that anyone ir. the police department falsified the Waiver of Prosecutior, form and believes the words S.; Wr d&Tnir 6 •I~ 03 HMI 7-709441V Complainant: Thomas J. Russi tep (�ij TF'3 TCAT IHi 86-t0. 90 March 11, 1998 Page n6 which Mr. Russi is alleging were added were actually filled in by Mr. Russi at the time he completed the form. Captain Fergestrom tells us he is unaware of any police officers who have conspired against Ivlr. Russi or submitted false reports in this matter. Captain Fergestrom is adamant he dial not alter any Mr. Russi's Waiver of Prosecution form. POLICE REPORT_ Enclosed is Hawaii County police investigation report rF-32675K.N. In the report Thomas Russi alleges that he was harassed by two security guards employed by the Four Seasons Resort. The report details the events of July 13, 1997, where Mr. Russi was requested to leave the property and was given a no trespass notice. In the report Mr. Russi alleges one of the security guards, Sam Lee, struck him with a walkie talkie antenna which Mr. Russi believed was an assault. The report tells us that a Waiver of Prosecution Withdrawal of Complaint form ovas subrrutted along with the report and that .%Ir. Russi declined to press charges against the involved security guards. As an attachment to the report is the police Waiver of Prosecution withdrawal of complaint form where Mr. Russi has circled the words "Edwin & Four Seasons" which he believes were added to the Waiver of Prosecution form after he signed it. LQMMENT� Based on our investigation we believe the following facts are evident: • Mr. Russi came to the Kona police station to file a complaint against security guards who he believed assaulted him at she T=our Seasons Resort. • After discussing this matter with Captain Fergestrom, Mr. Russi decided to file a complaint against security guard Sam Lee as a matter of record only and not to press charges. • Because Mr. Russi declined to press charges he signed a Waiver of Prosecution form. • Mr. Russi believes someone in the police department added the words "Edwin & Four Seasons" to his Waiver of Prosecution form to include these men and the resort from any charges Mr. Russi may want to file against them. • There is no information or evidence police officers changed Mr_ Russi's Waiver of Prosecution form. cc02 03 HMI 7-70944W Complainant: Thomas J. Russi TFd TB:C 1HI 88-t0.90 March 11, 1998 Page #7 • We see no motive for police to falsify records or to conspire against Mr. Russi in this matter. Allowing you time to receive this report we will discuss it with you further in our next meeting. Submitted by, WOOD & TAIT, INC. 1 [ tep en J. ait Vice President 03 HMI 7-70944W Complainant: Thomas J. Russi 9c0 TFd 7C:81 .1H1 86-t0'90 $tephcn K. Yamashiro Mayer COMPLAINT NOS October 27, 1997 I;IIlIITfU� II� C�c'If11�TI POLICE COMMISSION 101 .kupum St, Stc. 229A • H110, Hawaii 96;20 (806) 561-8412 HPC 97-29 AN97-30 Mr. Thomas J. Russi P. 0. Box 3586 Kailua-Kona, HI 96745-3586 C'ear Mr, Russi: Sharon K, Schcele. Chair Franc15 E. Smfch, Vrce Chair Donald E. Abdul Member Deborah L Bakcr, Membcr Clarence Nfil!5, Mcmbcr Charloa H Sakamo:o Nlcmbcr Cla:cncc SOU 2. Vlem.bcr Clyde ; Widt ms,?1ernocr Bumal;.7i L Yee. Member The Police Commission reconsidered your complaints HPC 97-29 and 97-30 at its meeting on October 17, 1997. Your complaints have been accepted for investigation and will be referred to the commission's investigator Wood & Tait. Sincerely, 144� 1-7*� Sharon K. Scheele Chair SKS:jp cc: Commissioners SF3 7C -U .IHS 88; t0-90 45 t �{ p Cmplt No. ' r f C q7-3 HAWAII COUNTY POLICE COMMISSION The Hilo Lagoon Cantle 101 Aupuni Street, Suite 228A, Hk). HI 96720 Phone- 961-8412 COMPLAINT OF MISCONDUCT f �v A U U V , Date cv Pursuant to Police Commission Rule 7(a), a complaint agamsc the conduct of the police department or any of its officers or employees while on duty or acting under the color of authority shall be in writing, signed, and dated by the complainant under oath before a notary public, itis notarized complaint must be received by the commission's office not more than 60 days from the date of the- incident. (A request foran exception to the rule must be in writing with a reason for the request.) Complainant's Name: Thomas J. Russ_ J S S # ',52-34-6610 Birthdate: 6/22/44 Address: F•o_ Box 3586 Kailva-Kona, HI 96745-3586 Phone: 325-1515 Retired -----Work Phone: -- Date of Incident7/14/97 - now Time Occurred Name(s) of Accused (if unknown, give badge number, descripGen, etc.):g r arha-i �+ arum° Name and address of physician seen for injuries: (Fill out HPCFCRM-3) — List classification # and summarize the incident of misconduct: Circle classification # below: 1# Complaint Classification 1. Standard of Conduct 2. Performance of Duty 3. Obedience of Laws 4. Commission of any Criminal Act Falsification of Records 6, Malicious Use of Physical Force 7, Misuse of Positron or Office 8, Mistreatment of Person in Police Custody Q Use of Intimidation in Legal Proceedings 10. Truthfulness 11. Firearms - display and discharge 12. impartial Attitude 13. Excessive Use of Physical Force 14. Overbearing Conduct 1S. Conduct Towards the Public # 5 and R 9 See attached statement - I wish to have my ccmptaint reviewed in a meeting ___,.__Open closed to the public. (Turn page over to notarize complaint ) eso � tea zc:6T AHI a6:f0;90 Hawaii County Police Commission The Hilo Lagoon Centre 101 Aupuni Street, Suite 228th Hilo, HI 96720 Complaint of Misconduct On July 14, 1997, 1 went with my wife to the Kona Police Station to file a formal complaint against a security guard named Sam, from the Four Seasons Resort at Hualalai. Sam had touched me on Saturday, July 12, 1997 when I was walking on four Seasons Resorts public access beach access. He hit a sign I was earning on my chest with his antenna from his walkie talkie. I had gone Io the Kona police station on Sunday July 13, 1997! to request information from Officcr Clarence Yee on what a security guard was allowed to do to me within the law and also to pick up two complaint forms from him for two police officers that had harassed me earlier that day at the Four Seasons Resort when 1 %vas served a trespass notice, even though I had a public access permit in my truck given to me by the Four Season's security department and was on public access land (Officer Yee told me he did not have any complaint forms,)L When Sgt. Graves assisted Clarence with my questions, he told Clarence that I had a legitimate complaint, assault by Sam with the antenna. After talking to Officer Yee and Sgt- Graves, I felt satisfied with their help and decided not to file - the complaint against Sam or the officers. So, on July IR, 1997, I resumed to the Kona police station to file the complaint against Sam and the police officers because Four Seasons was still harassing me on public access and calling the police and the police were still responding even though they knew 1 was not breakinsLy the law. Officer Kahiwa took my lengthy starement that included cventhmit that had happened at the Four Seasons for four days. I focused on Sam touching me with the antenna. because Sgt. Graves had told me that that was my case and I filed an assault complaint against Sam. After we talked to Officer Kah:wa, Captain Fergestrom came into talk to us about the whole situation with the police officers and public access. He told us he had talked to the prosecuting attorneys office and they had told him that the walkway I was on with my sign was designated public access Captain Fergestrom assured me that there would be no more police officers called out on this problem with me on the walkway. Because my wife and I felt so comfortable with Captain Fergestrom, I again decided to drop all complaints. so he said that because Officer Kahiwa had already started the complaint, I would have to siert a waiver of prosecution. I did. Two days later, on July 16, 1997.1 requested copies of the reports made by the two officers that harassed me on Sunday, July 13. 1997 1 found out that they did not file anv reports on that incident_ but there were IvT's so T received copies of those. On July 21, 1997, after I was served my two T.R.O.-s. I requested copies of the complaint Officer Kahiw'a had filled out and the waiver of prosecution I had signed w-ith Captain Fergestrom. I called numarous times on these copies because I was told then were sent o%er to Hilo by pouch ever} day I didn't receive them until July 30, 1997 And %%hen I recei%ed them, I noticed that Edwin & and Four Seasous had been added to the %%nicer of prosecunon after I had signed it. I also 6S02 SFA CC:6t 1111 86 -Co; 90 noticed that both copies had been faxed over to HtIo only the day before, July 29, 1997. According to Dot in the records depanment.these reports and forms are sent as originals b} pouch to Hilo every day, and then sent back to Kona as copies by pouch when requested, In reference to Officer Kahiwa's incident report, I never filed any complaint against Edwin. I only filed an assault complaint against Sam. and that is why I signed the waiver of prosecution only about Sam, but Officer Kahiwa's report makes no mention of Sam I feel this report was written to match the'I'.R.O. that had been served to me by Four Seasons and that is also why the waiver of prosecution had been changed. Why would an incident report be written up after I signed a waiver of prosecution? And why would t have to sign a waiver of prosecution when you wouldn't prosecute verbal harassment as is written in Officer Kahnca's report about Edvm only? I also don't understand .vhv I don't have to sign a complaint against another citizen° Since I received this paperwork, I have tried to straighten out the discrepancies, but everyone's memory seems to be failing them and that is why 1 am filing this complaint_ Names of the Officer's involved (accused). Officer Clarence Yee p° 1 S 1- 16 -Sgt. Graves Officerlahiwa - -tv-9n fw�c Captain Fergestrom People that could help answer questions Lt. Hickman Asst, Chief Hickcox Dot and the gentleman at police records in Hilo Thomas J Rti4e�i 09n Qj SFJ U AT .IHS 86- 1-0. 90 2 o: f 7jloAAnr L ��ualy� 7-/3-7> RPT. � R 55' iCQt�'� �G•�'K- DIST. 161 HAWAII POLICE DEPARTMENT WAIVER OF PROSECUTION WITIMPAWAL-•O�FCOMPLAINT y� I GLS e- -0-4-7 ko�r� I 0,*4 /� S /� do hereby state that T do not h ursueprasecuki- �« — =- `menEioned case against �u I e1 r �'a That this decision zngly and volunta }Zr --i ^mss eny threat, duress, or coercion on the part of anyone. I am satisfied with the actions taken by the police dePartment in this matter and by signing this statement, I release the COUNTY OF HAWAII and the HAWAII POLXCE DEPARTMENT from any liability incurred from this Casa. Complainant signature parent/Guardian's Signature (If Complainant is minor) CLOSED: NO PROSECUTION APPROVED: /? 1 Rank Sig Lure r Date• ?Fl Time: T90Z HPD/REC-002 Date Time Date Time £fi s SSgnature Date: Time: 14ffr Retention: RECORDS �r3 rc:6t .Iez so.ro -so U i iBJt�1/S i, beau 7.0 V-1 HAWAII POLICE DEPARTMENT WAIVER OF PROSECUTION WITHDRMAAL OF COMPLAINT RPT. '4' f - �f"L (c hT DIST. _._ 01:./ duress, or coercion on the pact of anyunc I am satisfied with the actions taken by the police department in this :natter and by siqninq this statement, 1 release the COJNTY OF HAWAII and rhe HAWAII POLICE DEPARTMENT from any liability incurred from this case. Complainant Signature Date Time 'arent/Guardian's Signature (If Complainant is minor) CLOSED: NO PROSECUTION APPROVED; Rank SignUtu;e Bate: Time: HPD/REC-002 z9oz Dote Time Offrr�r SiynntL'rP Dace: Time: Retention: RECORDS YVH fCAT ]HI 86-P0;90 S i do hereby state that I do not wish to pursue prnsecutinn_ in the above mentioned case against %r,/,�_,_,z �t J S_ / °, � �_`I" i' �,__, 1 -✓, - - -. That this decision is made knowingly and Veluntaiily and not under any ci:reat, duress, or coercion on the pact of anyunc I am satisfied with the actions taken by the police department in this :natter and by siqninq this statement, 1 release the COJNTY OF HAWAII and rhe HAWAII POLICE DEPARTMENT from any liability incurred from this case. 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' -_41V 4.rrruJLTai ..xi. uw. .. a.rw-.� �N-w.v.Y sr-en..a Po-a.wr.v ierinw..Yu rr-ram r.rc TYo+cm.� .w. ❑Ca,.. O.N.. 7T,w Uwc OTn,n o�,a ' Yl.b On�l �l'Tr. YM {I.YN Mond OmITTP+ L� � lfe.re. Xe LTYWr�rfl�. Ta.0 Dl - Vr V.p y.,� FiiJlw ITR liwlNib) r" __ Llnlw ltu. Mm O.ner w9w OPnr NaOe.P B)Ort.l ro. fMpn,ecarJ IlavxOq OEhl Ten IYiny L. �C % ::+o FCW vrm py r: Gn C90z SFJ SCAT .1HI 86 ff).90 a a Thomas John RUSSI 07-13-97 F-32675 P.O. Boz 3586 Ofur. B. KAHIWA KN nailua-Kona, Hawaii HARASSMENT PAGE 1 OF 3 PAGES ASSIGNMENT 07-14-97: 1400 Hrs.: I was assigned by Lieutenant Joseph HING to do a walk-in complaint on behalf of Thomas RUSSI. THOMAS RUSSI CONTACTED 07-14-97: 1400 Hrs.: In the interview room located at the Kealakehe Police Station, I interviewed: Thomas John RUSSI, M-53 DOB: 06-22-44 SSN: 152-34-5610 P.G. Boz 3586 Kailua-Kona, Hawaii Res. Ph.: 325-1515 Retired He said that he was harassed by two security guards who are employed at the Four Seasons Resort. One incident occurred on 07-13-97 between 9:00/10:00 a.m. (0900/1000 hours) and the other incident occurred on the day before on 07-12-97. He said that on 07-12-97 between 0900/1000 hours, he walked through the public access walkway, which is by the Four Seasons Resort, to the ocean and to the public access parking lot. He stated that he was approached by the security guard, Sam LEE. He said that at the time, he (RUSSI) was carrying a sign (which was attached to a rope) and that he had it over his shoulder. The sign said something to the effect of, "Kona Village Resort? Betrayal." He said that when the security guard, Sam LEE, approached him, he (RUSSI) immediately told him (LEE) that he did not have anything to say Lo him. He said that the security guard told him that he needed to speak to him. He stated that he again told the security guard that he did not have anything to say. He stated that as he continued to walk in the southerly direction, the security guard had a walkie-talkie with him and t9oz SFA SC::C 1HI, Mrf) 9n J Thomas John RUSSI 07-13-97 F-32675 P.O. Box 3586 O£cr. B. KAHIWA KN Kailua-Kona, Hawaii HARASSMENT PAGE 2 OF 3 PAGES at one point (with the walk -talkie antenna), he (LEE) was hitting the top portion of his sign. He stated that the security guard began following behind him and was telling him (RUSSI) that he (LEE) needed to talk to him. He stated that he advised LEE that he had already spoken to another security personnel, Kenneth STOVER, and he (RUSSI) did not have anything to Say to him (LEE). He said that nothing else generated from that incident; however, on the following day, 07-13-97, between 0900/1000 hours, he had driven his car to the guard shack at the Four Seasons Resort and that the security guard, Edwin WHITLOCK, who was at the security gate had given him a pass designated for public access. He stated that he had then drove down and parked in the parking lot that is designated for public access. He stated that shortly thereafter, two security guards from the Kona Village Resort; two security guards from the Four Seasons Resort; and two uniformed police officers approached him and issued him a written trespass notice. This trespass notice was for his vehicle being parked on the property of the Four Seasons Resort. He stated that he was then told that he had to move his car. He stated that he explained to the parties (unknown names) that he was parked in an area that was designated for public access, but he was again told by Edwin WHITLOCK that he had to move his vehicle. He stated that he did not cause any problems and had left. He stated that he just wanted to file this complaint to have it on record. He stated that the reason why he is protesting the Kona Village Resort is because his wire is employed by the Kona Village Resort. He stated that last year, the company changed the medical plan from 100 percent to 90/10 percent. He stated that the company did not notify the employees of the change. He stated that he then filed a complaint with the insurance commission of the State of Hawaii in October 1996. S90Q� SFd 9C:6T 1H1 R6 -t0.90 0 j Thomas John RUSSI P.O. Hoz 3586 Kailua-Kona, Hawaii PAGE 3 OF 3 PAGES 07-13-97 Ofcr. B. KAHIWA F-32675 KN HARASSMENT He said that they eventually won a judgment, and he learned that the Rona village Resort was fined $250; however, he stated that the hotel has not agreed to pay for the billing that was incurred by his wife, which is about $200. He again said that he does not wish to prosecute but only wants this report on file. WAIVER OF PROSECUTION Refer to the Waiver of Prosecution/Withdrawal of Complaint form that is being submitted along with this report for additional information. PARTIES IDENTTPIED The two security guards in this case are identified as: ecurity Guar /Pour Seasons Resort and As there that this report record purposes. ecur uard/tour Seasons Resort are no leads in this case, it is requested be closed, no prosecution, and be kept for CLOSED: NO PROSECUTION APPROVED DATE: `S - 1 -`��? 07-23-97 WED 1052 HRS I16j- inda L�. KAHIWA #74 PO 2W KN 07-20-97 1236 HRS SFJ 9C:C IHI, fM tn:90 ATUN FOR Lx PARTG TENWORA STRAINING rwasmr~ rotor. ar;c i oil ~t7t !Na FOR INJUNCTION AGAINa"I HARASShIEKr: ~`a+'Y rormaltxAt :.ARATION OF PLTTIION1M- I) 1WORARY R STRAINING DER AGAINST IIARASS*NW4T: AND NOTT(T IN THE DISTRICT COURT OF THE T=D C Jar' CLJ ""~j Dr«! T s,~'r~i 6 r STATE OF HAWAII Aatatvad for Coon Uw F~ Civil No, 1SS -117- 7"3 Pentnoncri s)1Peultonert5)' Attaatey (Name. Aurrney Numhcr, Finn Name (if appl~cnblo), Address. Telephone and Facsimile Numheiivp< ;sprnd=tis) (if {vtowrt, list Addrr . Telephone, DDB and SSN - (G-f//' r each respond:nt) j - PETITION FOR W1 ns q - T211MORARY RESXRAWNG ORDER AND FOR INJUNCTION AGAINST AMASSMENT be Peunonens), in suppers of hfsl3mritheir application for a temporary reattatuiug order for pmtecumn, allcur tint: The Peutioneris) is a triment(s) of the District of the above division and circuit. State of Hawat't. Based upon the attached DeClaration of Petitioner. Peuttancris) asks for. a. An" pane tetttporary t umising order not to eacscd a penud of fifteen (15) days for prrtunnn enlemnng RespandetWS) and any other pusan(s) swag ca Respondent(s)' behalf from Q contacung, Lrcwz=g. rr physically hnrusmg Pcsitinner{s) H) Any person(s) tesidiag at Pctitionerfs)' restdeam tctephcmng the Petatontats) ~al enn--rig or visiting the Pelitioner(s)' residence, mcluding yard and gwagc and :j place of nmpioymtmt. b_ An order requiring Respondent(s) to show cause why Respondent(s) should not he entomed as statc+d below. An Injuncttoa not to eLceed t pmod of three (3) Years cn)ninnng Responuemis) and any other p--sous) acting on Reswrident(s)' behalf form eommtttlog those acts set forth in pamraph Za. hereof. An ordet-awadwe t"wriable auorcey's feu and costs to Pcuuonens) and .stch further mlief as the Court dorms just and appropriate (continued on rnese side tsnarotte.s...-..,tuan SEE REVERSE SID I centfy that this is a full- love. and crrrect eUpy or die on nai on rtlc m this olficc. Cletk, District Court of the above Ctrcmt. S'A c of Hawat't ~gp @j SF'd !£:61 1HI, S6-fo-90 1 _ TL, ff,ORARY RESTRAINING ORDER AGAINST MMA3SAM4T ,ed upon chit ntta"ed Petition for Ex Pane Temporarv Rcstmituri6 Order and Affidavit or Deeituauon of the Petitioeens) am want to llawni`i'Revised Suetutes §604-10.5. the Cuun fimly there is prabAJ. cansn to believe: Rauot or past acts of harassment have txeunva. 40f,hreats of harassment retake it pruhable that acts of h~ uicnt may be, is ncnr aeaidt the Petittaneris). appears to die CQun that a Temporary Riestrainrng Order for protection should be grunted and is eeet:ssary in prevent acts t assmcnt. I5 ORDER20 that the Respunuent(s) appear before the Judge in tic above-entitled procecdmg at the date, time and place imoth au the aoaehed Notice of Hesump. Pending the hearing an the. Order in Show Cat- IT IS ORDERED Q= the Respondeatts) and at rson(s) acting on. hisiber/their behalf shall be enjoined and reaeramud from tung, or physttslty harassing CJ Petitioneris) and G any persen(s) residing at Pehnancus) n=dcwce ntacting, threate tephomng the Petiottens) r visitiPetiuaaerfs)' residence, including yard and garage anti mployment. trrizMarsel E5PONDEYT IS PROItTBITED FROA1 FOSSTSSING OR CONTRMI.ING A FMEARM Olt AMMUNITION WtiOT.S TH FNILrORAR.Y RESTRAINING ORDER IS IN EFFECT- ART FIREARM OR AhIIt>(UMION IN T13E POSSESSION C IW RESPONDENT SHALL BE TURNED OVER TO TILE POLICE MPARTMENT FOR SAFEKEEPING %VMLE TH E5WORARY RESTRAINING ORDER IS IN £F CT. 7tis Order becomes effective upao its signing and fiiing and shall rmtain to cifect for fifteen days. At 1112 heating on the Ord r Show Cause, you will be allowed 1A Rite any reasonfs) why these Orders should notrnrttinue to be eiitsdire. dVY WILFUL VIOLATION OF TIM TrAVOP.AR:r riE TE'.A:WNG QEWF . AGALNST IM-IMSEW-W MAU, I VMSM13LE AS CRIA11NAL COIL TMAIPi UNT)ER HAAWAIA &TtEv = SS~1~[7jFS 4110-1077. 'arc 7ud9of the above-eauded Gaut NOTICE OT HEAPING NOTICE IS GIVEN that the Pcuttonmts) above named has filtvi the attached Petition for Ea Pane Tcnapu•ary Rctrataittg Order and foot Injuncuon Against Hasaisiyent- YOIj ARE COMEIANDFJI to appear before the Presiding Juriae of the ai,ove-enttded Court. the District Coati of the above Cimu at North & oath Kona Divisi n. KenIaketu,5 TueadaV Ju1V 29. 1997 19at s:In o'clock A.Nl to show cataw why,. The Temporary Restraining Order Aeainst Ha "'"beat should not be ct[rr(ded in the form of an initinctien Against Hamizm for a term not exceeding three years. IF YOU OR YOUR ATTORNEY FAIL. TO ATTEND AT THE TEME AND PLAAC£ DESIGNATED. AN ORDER GRANTII pETITIDN FOR INJIINCTION AGAINST IIARAsWENT wn-L BE TAKEN AGAINST YOU FOR THE RXLILF DEDlANDrD IN THE PETITION. This Order shall not he personally delivered herween tO:00 in. and 6-G0 e.r3. nn pre=-As not open to the public. unless a judec c the above-entisw Court permits. in -writing On this arjgr_ f~e&h1-1ffi3ivta'R3d111{17g, those hoofs. bate: Ylli Clerk of the above entnled Coeur In arcoraance with the Amerienns with Disabilities Act if ;ou require nn accommodation Or assistanec. Plea contact the District Court AdmtntstMUOn Office at PITONS NO- 95i= 1~0. F.A?i 961-7,440, or T"I'Y 961-7,57 twist ren t 10) working davs in advance of tour hearing or aDI'ointment date. eaoq SF3 !C:BT IH.L fr6-forgo • 1. I lrontas Russi called Richard Baker, Resort Manager of the Four Seasons Resort Hualalai (FSRt l), on 7110197 and threatened to make his life miserable unless he. Baker_ convinced Fred Duerr, Uencral Manager of neighbor property. Kona Village Resort, to 14 give in to his demands- Almost daily since then, Russi has appeared on the property of the Four Seasons RCSOrt Hualalai with a sign to harass the guests and employees by svinding on the sidewalks and other areas above the certified shore line within tic Pour Seasons Resort Hualalai- While doing so. numerous guests have been badgered by Ru si and have asked Russi not to bother them. i. On 7/14,197, Russi called Four Seasons security at 5:00 am and asked for the home telephone number of one of our employees. When his request was denied. Russi stated that lie would be coming on our property that day and there would be big problems if ire was approached by anyone frorn security or any other resort employee. After Russi ? arrived later that morning. he was read a Trespass Notice by Edwin Whitlock, FSR1I ijo Assistant Director of Security in the presence of a Resort Assistant Manager and two Hawaii County Police officers. Russi left the property but returned within one half hour and continued to trespass on our property. ABer being annroached aeain by Whitlock and another security officer on 7114197. Russi ;eft the property and immediately filed a false complaint against Whitlock with the iiawan County Police alleging that he had been assaulted with a walkie-talkie radio ° antenna. 5 On 7'17/97. Russi called the Concierge Desk representing himself to he an employee of / the Movt)r*s Office and asking questions about our property. Not satisfied, Russi asked to speak to a supervisor and stated to Aulani K.caloha, Clief Concierge, that lie represents the Mavor's Office. When asked by Kealoha to communicate via fax. Russi returned to our property and yelled at guests in one of our s'.visnming pools. creating a disturbance. 6- nn T, 18 97, Russi appeared on our property at ?i2_5 ant with a shovel, in:orming guests and employees that he was performing his civic duty by clearing sand off the sidewalk to make it more accessible for the handicapped. When approached by security officer Sain Lee, Russi stated that he bad surveyors coming and was clearing the sidewalk for their. Russi continues to trespass on our property t%ith the intent to extort artd harass the management. 690 SP.T SC:6T .1HI S6-to-90 Z r Nmcmber 19, 1997 'Aood& fait 810 Pulam Street. Suite 201 Hilo. HI 96720-4600 Re. Policc Commission Complaints Nos, KPC, y"7-..-9 and 97 -30 Dear Wood & Tait: Per our phone conversation, I would like to ask that you provide the information needed for the police commission to answer the following questions, along wirh its determmations_ HPC 97-29 I . After Officer' Leith,] 28 and Antolin,2y i w:re drspatched to the Four Season Resort at Hualalai on July 13, 199', to stand by for the serving of a trespass notice. did either officer make any atternpt to check the vehicle to see if it was indeed trespassing and not parked in a public access stall with a permit in it' 2 Did the officers feet that their conduct was correct in telling me to mme m% vehicle from a public parking lot wirltout checking the above-mentioned information? Or were they just using their position as an intimidating force" IIPC 97-30 I- Incident report number 1732676 - is shown to be assiped at 1400 hours and finished at 1430 on Rik 14, 1997. If the complaint for the incident report took about 20 - 25 minutes to complete and 5 minutes was spent with Captain Feraestrom before Mr Russi signed the waive of prosecution which was at 1355 hours, verified by Ivir Russi, Officer Kahtwa and Captain Pergesnom, how could the Incident report be assismed 5 minutes after the waiver wan signed? 2_ Why would the police department allow contldenual docurrtents, F32675 Incident report and Waiver of Prosecution, to be faxed from Kona to Hilo_ when they are all supposed to be pouched' When I called to request copies of my assault complaint and waiver of prosecution on Julv 16, 1997. why was assured by Dot and another .ocntlemen in police records department !n Hilo that, since the complaint was taken on July 14 and they were pouched uver on a daily basis, that she probably wouldn't have them until MOndaN, Juty 21 and she did not recite them until Julv 29, 1997 via fck I ealk:d back on Juh 21. 24 and 28. as noted on Dot's paperwork, and racened them on July 30, after they were faxed to her on the 24th elf ii were normal for it to take that Iona, wh% wouldn't Dot tell me riot to call back so soon)) oro~ SF3 siAT 1H.L BB to, go a. Where did officer Kahnva get the ir-&M-nanon on the incident report that sai.s Edwin Whitlock was a friend' Fhere n no mdi-ation to this in her .vrltten report- (I never met Edwin before that day 5. Whv is the assault by Sam mentioned in officer Kahnva s written report and not mentioned on the incident report written the same dav" Why does officer Kahivva refer to the hithno by Sam as an incident in her written report, 'out not put it in her incident report of the same day' h. Whv is the herbal harassment complaint On the Incident report anJ not in the written report's I helicvc the Incident repon was written at a later date to support the T RO from the Four Seasons Resort at f lualalai, SP 97-78 The Incident report that OMccr Ka_iitva %TOte agaimt =.dWo Whitlock supports the statement that Mr_ W'hidock menttor.s,n the T R_0_ from the Four Seasons Resort, but officer Kahivva does ;tot mention it in her vvrinen repo-.T) 7. Whv would the Incident report have a notation of-I'.JV- Continuing" when I had just signed a waiver of prosecution for my complaint which savs - CLOSED. NO PROSECUTION her: did tJwin Whitlock get the information that I filed a false assault charge a-tarn;t him, when the Waiver of Prosecution should have stopped all tnvestr_anor' 8_ If the Incident report was written that dav, and l had actually made a complaint about verbal harassment t,instea(i or an assault complaint like I did), Whv would they have me sign a waiver of prosecution" i have been toid that verbal harassment would not consiitute a wan er of prosecution but an assault complaint would 9 Since I went to the police station on lulr i 4. 1947 and filed an assault complaint against Sam, as stated in officer Kahivva s written -eport, tvh% dtd officer Kahnva fill out an incident repon on LJ% in Whitlock? IQ Whv in officer Kahiwa's written repot is it mentioned twice that i do not wish to prosecute but only want this report on rile and then i was required to sign a waiver of prosecution" l it seems ven anusual that the police department- savme that 1 onh wanted nn tile, would spend the time writing a written report and incident repon HmveVer, later that Week_ the police did not respond to a request i made for ttcro to Assist me at the Four Seasons Resort, since I felt that there could be Problems for what was said to me_) Enclosed is an original copy of the 11i aiver of Prosecution, no- the fared one 1 was first given I believe this Warier was faxed t-Or two reasons i It was held up in order for them to figure Brut what to add to it to support the Four Seasons T R 0 3 Since 1 was requesting it almost daily thee had to stet it there gviekl,. Chank You very h for your time Tom Russ TLO [4~ SF3 6C 6T 1HI HB-r0. 90 COMMeea:y J; L The First Amendment Hits The Beach - by RoberrM. Peer q Lwt summer, the Four Seasons Reson m this siladon.'~ Z was able no suspend imindividual's Itim Itusen tcb,zd ihm Lac TRO neudon fl!ed by C./7 Ariendmem,ghu fm40 days withoat ea me FomSeatunswasfit)cd%tn-wngmlul"~.. _ motel as a beaneg. A-3 it cook was money, some It alleged, fineaamplr, d,sr Rresi badealled Lour ` possibly false allegarem that the resat aaaat Seasons resew tnanagerRird :rd Bakcrto tonnes peeaaed to task up and the cooperation of the '?o make nu life miserahla" unless Haig cou:a - SOLAR. HYDRO and WIND ]acel authorities. eenyinee the Kona Village Resort 16 gi,c to w his somecmes reaping to dismiztas imlevant Rasui's dcmends.(R= ackhnwledgm he wp.ad Including: Sales, Onsile Consultat;o•1, Design, ,1(LSrdll~on IDW Mnrnl2ndnC2 Cur- s rose who insm on er.-reisiog teii f tdom of Bak", but be claims he did manly, ua=laia the spesch After all, some migbt argue, dr ¢aealots slmshon and to let Baku know of ^dS phits; to _ Realdtar an Hetao ttftring rend to be reGM0111 neat, RMXlyliahg atbeisE, protest co public occcrvc) - Bryan aoo®tes odmil protestors, Pornographers and other assoud The I= Scares and Baker also alleged IS..'il Y :~otm ~r:t3¢ faenrlt`a IMellers • Maras • vaa~r R~7; s oddballs- Betaosi: of the impatGere of to®sm. Rossi n.-ed and badgered guests, and mat tteaenes • ne uj'- Sear water Heater: Gat: =nd Low Vclta$e P_14115¢ra•^.-tE a Campestimg Teltna there's a.prral temptation to downgrade the 'Rasa mmunursmrtesoasson our pmpcry with rights of those who might upset nbr visimrs the rowel m w= and harass the tme uprranL' Fee gyyarp nasV Vk aarn! warranties Is this instance, it was Kann reiidem Thomas (fused claiua that he rya always ou plah'uc ac- whh muctrs~ of and ~d eE+mm Rum a 53-year-old retires add his witr, Chr 4 a-% and that he never fiartassw or badgotcd enn9~ Srotem onr Froca:a ad wax. tine Phut who iatsisxdon their rigbis. Rossi is oo Bursts Most dos vJ=wiedge man w July 15, 966.7598 MZW to ceffiDaL A fro, yrdna ago, in a sort of of er a security 9=71 aecrushat him, bo was FRINERGY MTBM epiphau7r. he and his site decdrA that they were !tweed by a guar who rued nasal $9 he diea•e EPPME1%'t - mad as bell. Since tines they have oQeecrfany, liWas laakmc atRussi's slgu or r,Ming tau.) M cued eta w v a~-E-•~r taken on Radp Shack.}iwda, dut Ferri Moms The petition of the Farr Seamoa for aTRO was Company and United Airlines for what they al- apposed m mac Dfstna Court an )city IS by - - leged wore raatnples of saewmg the public. Judge Jescph FTormdo, Jr. The judge sort a i=- _ The Four Sea.w and the Boma Village ttsaris 14 date of July 29. mrairdRassi's sensitive yicvfindrtaBvhis wifz, On Jely 19, Judge Flareaeo iwsplicab13 de- who is employed as a housekeeper at Kona VII- layed the heating. act the objections of itnS'a, BI0 Lass v ~sD Lags, had am cincTeoty appertdeCmmy, eat Kam uautAvgiest M When asked sham &a, FJcr aoi, Com®dy Hospital. Even thabgb the HMSA rays be &='t nancmocr why be did M and he hearmin policy hadpmmised 100 Mntnt doesaetmrnuoothat the cmufwimc. fta List rooi .I HEALTH n.4 coycrBi0.FQrI5A and KeMYtlage mfmxdber SmMons•tesatosmagcRuLmriJ3akrx, Rnd tads in show n& tip Poe iv; I!— tt i•T Fast Acrid- - dnetthe ospital•emlW St.0000ft1t st0A00. i for and Bassi of his is Fast Amend- dx to the atiRi. ing wax it t AcmrcmgIDRacu, Kona viRagetrfitsedmdls mrnt ng)as for and 30 days witbmdl a mss why the medical policy had been ®ilzas- ltearmg. FAIR ally cbaaged. Rti>sa7 vicdmtaRthemalleraimaB Wlmtherrscbcdnl~hcasngwtubtUmAs- maimsCMUbetKonaYall.annemJed that it goat7b, Halter again failed m app= Pt.mss'TJy would go in Faivnl mint rather than face molls at data point atRossis request. tbatftlatie d_~ don over SIM Rossi mad as belt but enable o missed the petition. afford the atmrney that world be oeeessary for a Later Nat same momwag.Baker-who hal A BENUTPFOR IRaM CF HAAMAKUA Federal car laanct>ed snalgr of his rsmpaifms claimed be couldn'tbeatthesecaudhcurtgLr - forpsum cause of impottaA rv®tmeets-•wat in his of- 61~ InIcJy,1997,atmed with Sigllxkussibeganto See rJr atuwtnimghisoavpn:u:+e. All truer hens a Sahasclay - JanvAty 17. 1999 appear regaWly on the pole nacem tbat urns willing to say a as• "Mr Rossi chose to cenfitm 9 ~t ~r near or bctw= the adjoining Mona Village and guests haft at the hotel Criber man oat, talk to I 9 Ar v` fn s PM Four Seasons resorts His signs envied messa= our law fim" Baket then Omritd he c nli".'t I ®H a stet as'K.ma Village Rasort Muni? Betrayal- remember the name of to firm. Tat Drtva n onnIrm a sad-•Kaoa Village: Orin mplayce Wants mTalk." The firm tuaned out to 1~ T.A:Id~n i.a In the coarse of his walking, Rltssi dis oercd Fdnstra Jaffe Moots a Hatberlngron or Norm mo the I= Seasons might Jim eov4rdup,with Join.Thc marrny who was handline the case, John tt a berm of swd a pablie access wafeway for the ICncaek,sadhe coWdn'talkwnhouttheapprJVJ C,repaerlattce Joe Bost Tlic Beg Is I.snd umditappei Rnss allegd that This seas dart m of the roar Scssusz Eta. to A~ in Hultattc Heattly. protad the resort MPMY Them ® damage that Xnuetlk, lust Ware he w;s never atard fir, bellpin afirr the resort desooyed an ofFhore tai'. again did acknowledge cue issue not ccr.5idc-.t1 P.nal b.1op....t&-PotitYVe Z tvtngl He added a new sign. to his animal: 'Fora Sea- in the easaLwas whteior people ustnr public a:! ante: FleaatU=a Walkway tot KamJleupled" Q - take tire: First rlmeudmcotr ~btS wit The KomYdl apt Resort. MInly 17•ptdiinjal theta Knorsk belwM that because Lie p btic Pracrtnan~y 11 6e ..n ts~net, often ng for andgtttaTcmporenygCattamingOtdmagaiast awssasramnepr vdrsa=sstoT=roioctulw $S.oo enmlrnaensandrntm rcarnnnn Rom Rmsi didn't light dtis.beaate deng with p mm tbe etsmte may a0oa fcr ar_ : clarion of . ~I~e„~ba r e.ar a aT...a61a easa6unaet theinj®edau cangam®ffttix~tfmm AeBnoe tbm who w.mt to exMisc fee: sperich. Viiiage to nrd vab his wife m settle the Sl" Event widramusing Knomk's dangerous and m- pajab(c t>s FR1FNLzS OF iamtm2 dapmr, scat-moking atgumeat, the Four St : . with - aet6 cis 6y inert. They ytKEt day. tfao Hoar Seasaa 7%rumcl pleny of pnvze: arms to ar.•vrneys, was ahlr to , fmaa~lA1720.1i:vasi daddcdo 6gittfois stmt dnwn public access for an in6fv5ttaal s,hn pa he.ays, rt lad had moaglt ofternSha waatcdoukebiSF-iMIAmcodmcrrigbuotJx SPCgJ50RED By TFX DRIVE. IN ee [assert by the I= 5easaat semtiiy guards and troth, A " MAMA ,11 HEALING ARM IN" Trr= by the loci police fore (Rmm lasts worm to the Robin M. Rrra writes a wft = for fazific Big Izlaftel County Cecil that there had has Butiorss News and Henolnlu We s-b and is i-ar aclan err. ^6^is°°°° "Ili 5,$7-0 44 pogo "bit and erimffi&I bet Was of KFVF-7•V-s ftltmd Jcsuer anal %,f :6 &PUleasstat banis.inordermasaitx four easmp]iasoR Radio'sJnTt*Polut.-- Ka'u Larding 9 LLOQI YV-r rC'fT PVC 4R. Rn.on ydpm SV:1 6C:AT IHS 96 -Jo:90 Statement of: Thoma J. Russi 1 This is Uerick Macanas obtaining a recorded statement from Mr. Thomas J. Russi. 2 This statement is being conducted at in Kailua-Kona, 3 Hawaii. It is regarding an incident that occurred on July 14, 1997. The complaint 4 number is HPC 97-30. It is November 6, 1997, at 7:11 p.m. 5 6 Q. Mr. Russi, do I have your permission to take this recorded statement. 7 8 A. Yes, you do. 9 10 Q. For the record can you state your frill name and spell your first and last 11 name. 12 R-L S-S-I. 13 A. Thomas John Russi, Jr. T-H-O-v1-A-S 14 15 Q. Can you state your birth date. 16 17 A. . 18 19 Q. And your age. 20 21 A. . 22 23 Q. Your marital status. 24 25 A. I'm married. 26 27 Q. And your wife's name. 28 29 A. Christine Hall. 30 31 Q. And your Social Security number. 32 33 A. . 34 35 Q. Your street address. 36 37 A. . 38 39 Q. And vour mailing address. 40 41 A. P. O. Box 3586, Kailua-Kona 96745 42 43 Q. Your home telephone number. 44 45 A. . & P W~d au • Signature: Date: L O 2 vF3 Ot:6T .1HI, 86 -tu 90 Statement of: Thomas J. Russi 46 47 Q. Do you have a business phone number. 48 49 A. No, I do not. 50 51 Q. What is your occupation. 52 53 A. I'm retired- 54 55 Q. What did you retire from. 56 57 A. I was a field service enn veer for the South Pacific Service and Medical 58 Equipment. 59 60 Q. Was South Pacific your employer. 61 62 A. No, my employer was Scientific Products out of Clnfcago, Illinois. 63 64 Q. I have here the date of this occurrence was July 14, 1997. Is that correct- 65 66 A. That was when the complaint against Sam Lee was filed, but I think 67 assault of Sam Lee was two days prior 1 believe. 68 69 Q. July 12, 1997 70 71 A. Yes, I would say yes. 72 73 Q. This complaint is regarding falsification of records and the use of 74 intimidation in legal proceedings. Is that the complaint we are talking 75 about. 76 77 A. Yeah, I think the falsification ._did we write intimidation on the 78 complaint ...I can't recall.. I have to read m_v report Anvway, lets go on 79 from there- 80 81 Q. Can you tell me what happened. 82 83 A. Prior to going down to the police station and filing a complaint one of the 84 days, the 12th, when I was at the Four Seasons just walking, carrying my 85 sign, I was approached by Sam Lee. At that time I didn't know his last 86 name. I was approached by an officer named Sam. That is all I have on 87 him is his first name. 88 89 Q. That is the security officer. 90 W~ d &Taft Signature: Date: t!0 lj~ SF3 Tt=6T IHl 86=to,go \Vood &Tait March 3, 1998 Officer Belinda Kahiwa Hawaii County Police Department 349 Kapiolani Street Hilo, Hawaii 96720. Re: HPCn: 9--30 Occurrence: 0-7/14,"97 Complainant: Thornas Russi Our Ref: 03 1-DAl 7-70944W Dear Officer Kahiwa, Enclosed is a transcription of our recorded conversation of February 16, 1998, conceming the captioned complaint. We request vow, assistance in our investigation by reviewing your statement and making any changes you feel appropriate. If this transcript is acceptable to you as is, please call us with your approval. Sincerelv, Wood 6 Tait, Inc. Stephen J. Tait Hilo Office Hawan • Main • Kauai • Oahu 820 ?illanl St-, Suite #201, Hilo, Hawaii 96720-4600 - -re: 808 969-7030 • Fax 808 969-7933 -ihkl @iihawali net T002 Stl3 zr:6T Idi 86.50.90 Statement oh Belinda ICahiwa 1 I'll start this recording by stating that my name is Steve Tait. Today's date 2 is February 16, 1998. I'm speaking with Officer Kahiwa and we are going 3 to discuss Hawaii Police Commission complaint 97-29, this overlaps with 4 complaint 97-30, the complainant is Thornas Russi. 5 6 Q. State your full name please- 7 S A. My full name is Belinda Kahiwa. 9 10 Q What is your rank and badge number. 11 12 A. My rank is patrol office assigned to the Kona district. My badge number 13 is 74. 14 15 Q. What is your Social Securi ty number. 16 17 A. 18 19 Q. And your birth date. 20 21 A. i 22 23 Q. Going to this complaint-you are with the Kona patrol... 24 25 A. Yes. 26 27 Q. Okav. Going to this complaint Thomas Russi is the complainant. Tell me 28 when you first met Mr. Russi and vour interaction with him particularly 29 regarding the police report lie filed about Four Seasons and the Waiver of 30 Prosecution form. Can you tell me all about what happened that day. 31 32 A. To the best of my recollection I °.vas assigned on July 14, approximately...a 33 little before 2:00 in the afternoon by Lieutenant Joseph Hing to take a 34 complaint from Thomas Russi regarding his involvement with... I can't 35 remember if he said either the security guards there at Four Seasons or 36 regarding Four Seasons themselves and Mr. Russi came down to the 37 Kealakehe Police Station so I had to take both him and his wife in the 38 interview room located outszde of the station in the lobby area and I had 39 listened to the complaint that he had He had told me that he wanted to 40 file a report against the security guards cov, there at the Four Seasons. 41 He had gone in brief detail as to what each of the security guards were 42 doing to him and this was relative to a estraining order that I believe the 43 Four Seasons and Kona Village had filed against him to stay off the 44 property. He was protesting against the Kona Village on behalf of his wife 45 on the common right of way... public acctss. 0 wmd & r.m Date: Signature. Z06~ SFd ZtAT IH-q 86. S0. 90 Statement of: Belinda _,ahiwa 46 47 Q. So he came in to file a report about the incident_I mean what did he come 48 in to do exactly. Looking at the police report it sounded like he was 49 alleging that one of the security guards actually assaulted him or 50 something. 51 52 A. Yes. As he claimed one of the so_i:rity guards had assaulted him and after 53 talking to him further what I gathered was that he was carrying a sign, 54 had it around his neck walking on the public access beach road, the 55 security guard, I don't remember who, came up to him and with walkie 56 talkie antenna was hitting it on the top of Na. Russi's sign... what kind of 57 sign was it...not a paper sign...a. 58 59 Q. Cardboard... 60 61 A. A cardboard sign. Initially when taking Mr. Russi's statement he said that 62 he didn't want to get the s,- ity officer in trouble that he just wanted it 63 documented. 64 65 Q. Because he felt that the guard had committed an assault... attacked him? 66 67 A. No, he just said that he didn't want the security guard he just wanted it 68 documented with the police department so I left the room and I spoke 69 with my Lieutenant that all he wanted to do was to document the 70 incident. In fact he said that the-because I told him that I would be 71 conducting the investigation, interviewing the security guard getting his 72 side of the story and I would be routing it to the Prosecutor's office and he 73 said, "Oh, no, no...I don't tivant it to go that far. I just wanted it 74 documented." With that information Heft the interview room and I spoke 75 to Lieutenant Joseph Hing. Beore Mr. Russi came in I believe we got this 76 information in briefing of Mr. Russi calling the pol ce to go down to Four 77 Seasons regarding the situation that he had and 1 believe Lieutenant Hing 78 had said.. .I'm sorry...Captsin Dale Fergerstrom...had said that when Mr. 79 Russi comes in that he would like to talk to Mr. Russi. I think that is how 80 the captain got involved initially- After I told Lieutenant Hing what Mr. 81 Russi wanted to do I was going to then put the information on a 82 miscellaneous public complaint bulletin. Basically it would not be sent to 83 the Prosecutor but it would just be on file at the station. I advised Captain 84, Fergerstrom about what Mr. Russi wanted and it was on the direction of 85 Captain Fergerstrom that I file a ( omplaint and had him sign the Waiver 86 of Prosecution form. 87 88 Q. Which really says that I don't want to take this any farther and that was on 89 his own of what he had said he Waru 90 Wuod 6cTvit d- Signature: Date: 8(3-SO-9o 0002 SF3 0:61 181 Statement of: Belinda r ahiwa 91 A. Yes. 92 93 Q. So the Waiver of Prosecution just allows him to formalize that. 94 95 A. Yes, and it also lets the rank know that the report will not go out. 96 97 Q. So they don't have to investigate. 98 99 A Yes, yes, and it will not go farther to the Prosecutor's office. So I had 100 gotten the Waiver of Proserution form with the intention to go back out to 101 the interview room to talk to Nir. Russi. Then Captain Fergerstrom said, 102 "Give me the form. I'll go out and talk to him and have him sign the 103 form." 104 105 Q. And I have already spoken to Captain Fergerstrom. He is actually the one 106 that reviewed the form withh tiLr. P.ussi. 107 108 A. Yes, ves. 109 110 Q. And that was when it was signed and all that stu:f. 111 112 A. Yes, ves, and the only part I have to the Waiver of Prosecution form was 113 completing all of the victim's name which goes on the very top corner, the 114 report number and signing my name at the bottom as the officer 115 investigating the case. 116 117 Q. vlr. Russi is alleging that these two words which are circled here, Edwin 118 and that's some kind of a symbol-..lin not slue what that is...and the 119 words Four Seasons were added after he signed the form. Do you know 120 anything about that. 121 122 A. When I heard this later on, months later what -Mr. Russi was alleging that 123 had happened that somebody had changed the form, of course I laughed 124 at it and of course we had to answer to our CIli investigator because of 125 this. 126 127 Q. So your own internal investigators have already come to you and spoken 128 to you about this. 129 130 A. Yes, yes. To my knowledge what was handed to me by Captain Dale 131 Fergerstrom that was documented as the only signature of mine again as I 132 repeat myself was that I wrote in the victim's name and address, the date 133 of occurrence, the report number, the district number and my name as 134 officer's signature, the date and time. 135 Wood & Tait Signature: Date: too 7- SPA ct:ar tai 86,5O,eo Statement of: Belinda iwhiwa 136 Q. Do you know how these %vords got added or if they were added or do you 137 know anything about that. 138 139 A. I don't know anything about that I can only state my own opinion about 140 it. 141 142 Q. Do you want to do that. 143 144 A- Yes, that it is Mr. Russi's signature on here. i do remember at the time 145 when 1 was talking to him he could not tell me the last names of the 146 security guard. I had to then cont.ct Four Seasons... to complete our report 147 we must always include the last name. 148 149 Q. So is it your opinion that he wrote those XordS in there. 150 151 A. Yes. 152 153 Q. So he wrote this whole line. 154 155 A. Yes- And I believe Sam, where it says Edwin and Sam Four Seasons, that's 156 Mr. Russi's interpretation of Sam working at tl-te Four Seasons. 157 158 Q. So these are the two security guards... 159 160 A. Yes. 161 162 Q. And this is where the incident occtured. 163 164 A. Yes. 165 166 Q. And so as far as you know this was what he filled out and your part of 167 this was to fill in the top part 168 169 A. That's correct. 170 171 Q. Okay. Jumping to this part, this is an addendum to his complaint. I am 172 going to read this really quick. He said that the incident report #F32675 173 which we'll go open it up here in a second is shown to be assigned to 1400 174 hours and finished at 1430 hours. If the complaint for the incident report 175 took 20 to 23 minutes to complete and 5 minutes was spent with Captain 176 Fergerstrom before Mr. Russi signed the Waiver of Prosecution which had 177 1355 hours verified by Mr. Russi Officer Kahiwa and Captain Fergerstrom 178 how could the incident report be assigned minutes after the Waiver was 179 signed' 180 \Yl~d 6. Tai: • Signature: Date: goo SF3 tt:sr tai so SO 90 Statement of: Belindi, Xahiwa 181 A. Okay. To verify what he said the assignment oii the incident report shows 182 at 2:00 p.m. and on the Waiver of Prosecution shows that Mr- or Captain 183 Fergerstrom had allowed Mr. RtL;si to fill out the form and complete it at 184 apparently the time on there, 1:5:>, is from maybe what Captain 185 Fergerstrom had asked him to put in the dine according to his watch. 186 187 Q. But is that a science. I mean do you folks take a stop watch and start it 188 and stop it. I mean how do you determine times of reports and things. 189 Are those things that are documented at that exact moment or in this case 190 could it be that there is an error in the time because it was recalled from 191 memory. 192 193 A. You know I do not know. I know at the time when I was told to go talk to 194 Mr. Russi I glanced at my watch and I saw it 2:00. I've know other officer 195 pre-setting their watch earlier. 196 197 Q. So it is possible that people could have variation of a few minutes in time 198 not necessarily Greenwich meantime. 199 200 A. Yes. 201 202 Q. The second part it says ...do you know anything about the situation when 203 documents are pouched or faxed and is there a procedure for when you 204 would or wouldn't pouch versus faxing because as an example in my 205 office we fax everything because it just takes too much time to do it any 206 other way but do you take certain documents and pouch them because 207 they are more sensitive than others and then as opposed to faxing or are - 208 there any rules about that 209 210 A. You would have to talk to our Kona records for their procedure. 211 212 Q. No problem_ That pretty much takes care of what I want to talk to you 213 about. The only thing that i?u. Russi is alleging is that police officers were 214 trying to conspire with the people at four Seasons to get him to leave the 215 property. Are you aware of any conspiracy on the part of police against 216 VCr. Russi and the Four Seasons I mean as far as trying to get him to leave 217 the property ...I mean do you know anything about that. 218 219 A. No, I don't. The only part that I can comment on that was after 1 had 220 heard during briefing on one occasion and I don't know when this had 221 happened it was told in briefing that Four Seasons had filed a TRO 222 restraining order against Mr. Russi and for that particular beat the officer 223 assigned to 630 would then handle any and all complaints on that end and 224 that was my day assigned to 6 10 and I wanted to make sure that if there 225 were any kinds of problem going on down there that I wanted to make wood &Tait Signature: Date: 9002 SF'3 ti-:6T IHI S6120 90 Statement of: Belinda i~altiwa 226 sure that there was a crime that had happened against Mr. Russi on behalf 227 of Four Seasons and visa versa so what I had done was somehow i had a 228 copy of the restraining order and I think it was faxed over to our fax 229 machine. Then I had met with the manager, General Manager, of I think 230 this was with Kona Village. I met with the manager at Kona Village 231 because I think that Four Seasons and Kona Village had filed restraining 232 orders against Mr. Russi- 233 234 Q. Each had done that. 235 236 A. Yes, yes. And I think I had met with the manager of Kona Village. 237 238 Q. Jack Terry. 239 240 A. It could be, yeah, because sitting in the conversator was their head 241 security, Edward Pack Chong, and I wanted to make sure because I wasn't 242 aware of any public access on that property. I wanted to make sure that 243 number one where was this public access. Where did it go from the 244 parking lot alongside the property and I wanted to make sure that as far 245 as my interpretation of the public access road that Mr. Russi does have 246 right to it even if he desires to put on his sign and patrol along side the 247 public access road but he had all the right to do so and the moment that he 248 put his foot on the property of Kona Village then that is when the 249 violation would start and not jast by Mr. Russi walking along side the 250 public access road. That's the only other time I had spoken to Kona 251 Village to make sure... 252 253 Q. To get a clarification of where the boundary was between those two areas. 254 But you didn't see Mr. Russi clown at Kona Village, did you? 255 256 A. No, I didn't. 257 258 Q. By Four Seasons. 259 260 A- No. 261 262 Q. Your interaction with him was only at the station filing a report. 263 264 A. Strictly at the station. 265 266 Q. Okay. That is all I need to know. Is there anything about this that we 267 haven't spoken about that you would like to add...anything at all. 268 269 A. No, I have nothing else further to add. 270 Wood 6a Tkit Signature: Date: ~00f{~ SF3 SLAT 183 s8;S0~90 Statement of Belinda _ _altiwa 271 Q. Are the statements you've made true and correct. 272 273 A. To the best of my recollection. 274 275 Q. And you knew I was recordin; this. 276 277 A. Yes. 278 279 Q. State your name again please. 280 281 A. My name is Belinda Lenaala Kahiwa. 282 283 Q. And my name is Steve Tait. Today's date is the 16th of February, 1998, it's 284 2:27 p.m., and I am going to turn the recorder off right now. G wee 6 Tait w ^ - Signature: Date: 800fpj TF3 St:6T R{9 86; S090 n, Wood 6z Tai t: March 3, 1998 Sgt. Alexander Graves Hawaii County Police Department 349 Kapiolani Street Hilo, Hawaii 96720. Re: HPC#: 97-30 Occurrence: 07/11/97 Complainant: Thomas Russi Our Ref: 03 H?vII 7-70941W Dear Sgt. Graves, Enclosed is a transcription of our recorded conversation of February 14,1998, concerning the captioned complaint. We request your assistance in our investigation by reviewing your statement and making any changes you feel appropriate. If this transcript is acceptable to you as is, please call us with Your approval. Sincerely, Wood & Tait, Inc. Stephen J. Tait Hilo Office Ha,va,lr - Uaui - Kauai • Oahu 820 Pulan; St., Suite #201, Hilo, Hav>au 96720-4600 • --el 808 955-7030 • Fax 808 969-7933 Emah wtF;lo@tlhawal net 6000 SF3 9 r : 6 T Id-4 86.5090 Statement of: Alexanaer Graves Page 1 1 Let's start this recording by stating that rriv name is Steve Tait. Today's 2 date is February 14, 1998, and I am speaking with Sergeant Graves. We 3 are going to discuss Hawaii Police Comnussion complaint 97-30. The 4 complainant is Thomas Russi. 5 6 Q. State your full name please. 7 8 A. My name is Alexander Joel Graves. 9 10 Q. What is your rank and badge number. 11 12 A. My rank is Sergeant and my badge number is 41. 13 14 Q. What is your birth date. 15 16 A. 17 IS Q. And your Social Security number. 19 20 A. 21 22 Q. And what is your business rnailn,,l address. 23 24 A. My business mailing address is Hawaii County Police Department, 74- 25 5221 Queen K Highway, Kailua-Kona 96740, State of Hawaii. 26 27 Q. Business telephone. 28 29 A. 326-4646. 30 31 Q. Okav. Going to this complaint, Thomas Russi is alleging that police 32 officers falsified records, changed his Waiver of Prosecution form 33 intentionally, and the reason that they did that was because they wanted 34 to cover a mistake that police had made concerning a TRO that was filed 35 with Four Seasons and I'm synopsizing this. There are a lot more details 36 involved but for the purpose of this statement that is where we are going 37 to start. Tell me what you know about Mr. Russi when he came in, your 38 interaction with him and what you can tell me about this complaint. Here 39 is a copy of the Waiver of Prosecution form. 40 41 A. Well, last time we talked about this I explained that Mr. Russi came in to 42 make either a harassment or assatilt complaint, came to the window, I 43 assigned Officer Yee to do that. Officer 'fee came to me not sure of what 44 kind of complaint to make. He wasn't stare what the criteria was. I spoke 45 to Mr. Russi and Officer Yee about what actually transpired. Initially it Wood 6c Taic Signature: Date: _ 0TO Z TP3 9t AT Ix3 86. S0. 90 Statement of: Alexanaer Graves Page 2 46 was a harassment complaint as there was no bodily injury however then 47 he told me that he did feel pain. He wasn't sure if he felt pain when the 48 antenna from the security guard's radio tapped him in the chest. 49 50 Q. But the whole reason for him to come in at that time was to file an assault 51 charge against somebody down at Four Seasons. 52 53 A. Yes, sir. He felt that the security guard had no justification to detain him 54 and ask him for identification. I informed him that the purpose of the 55 security guard was to do just that however if he was feeling pain from that 56 radio antenna an assault complaint could be made and deferred it to 57 Prosecutor. No arrests would be made. I left him with Officer Yee. As I 58 got back to the receiving desk I turned back and saw Mr. Russi leaving the 59 station and Officer Yee going out to catch him but Yee couldn't do it. 60 61 Q. So then what happened. 62 63 A. Then Mr. Russi came to my knowledge again when he was served a TRO 64 by the Four Seasons. 65 66 Q. It was like some days later though. 67 68 A. Yes, sir, and some other hotel served him. He called me inquiring about 69 the authority of a non uniformed person serving him. I explained to lihn 70 who serves court documents and that the tuiiform is dictated by their 71 policy. It wasn't a law enforcement officer front the police department it 72 was the sheriff. The sheriff's uniform is outlined by the sheriff's 73 department. From their phone number I had him call the sheriffs 74 department. I guess he wasn't satisfied. He wanted to talk to A. C. 75 Hickcox. 76 77 Q- What was the problem with that. 78 79 A. He didn't like being served by a non uniform person. He felt that a TRO 80 had no...it wasn't valid. The person wasn't in uniform and the person 81 refused to show him identification. So I researched the statutes and upon 82 request from A. C. Hickcox and i let Mr. Russi know that a deputized 83 person could serve him and even if tie was not sure if that person was 84, authorized to serve him if it was siL,ned by the Judge he would be best 85 served to abide by the order that the judge signed it regards of who 86 served it. He seemed satisfied with my information and I didn't hear 87 anything about it until this complaint began to surface with him thinking 88 that the police department falsified and forged documents. 89 Wrx+d 6. Ta{x Signature: i~ Date: TT02 SBd 9t-:6T 181 86.50.90 Statement of: Alexander Graves Page 3 90 Q. So when you found out about that that was when I talked to you about 91 this before. 92 93 A. No, sir. I had been informed by Officer Kahiwa and the Captain that this 94 may be happening in the future. He had filed a complaint. 95 96 Q. I'm showing you a Waiver of Prosecution torm which Mr. Russi is alleging 97 that somebody in the police department falsified dy adding the words 98 Edwin and Four Seasons. Have you seen this clocument before. 99 100 A. The last time you were in Kona you showed that to me. I had seen it when 101 either Kahiwa or the Captain showed it to me because there was already a 102 photo copy. I have never seen the original. 103 104 Q. This is a copy but in this copy, 1'd call this exhibit B, Mr. Russi has circled 105 the places that he is alleging were entered in the Waiver of Prosecution 106 form. They are Edwin and some sort of a symbol and Four Seasons. Now 107 the significance of that Mr. Russis says is that this was done in an effort to 108 collaborate the police effort to remove him from the Four Seasons he 109 believes that he had a right to be there because he was in public access 110 areas. That really isn't the issue today. The issue today is do you know 111 anything about those two words, Edwin, that symbol and the Four 112 Seasons words.-.do you know anything about 6iat being added on there. 113 114 A. I know nothing about that. 115 116 Q. Did anybody come to you and say that they had added it on there in the 117 police department. 118 119 A. No, sir. 120 121 Q. And you did not add those. 122 123 A. I added nothing. 124 125 Q. You can see that this is slightly different... the handwriting is slightly 126 different. 127 128 A. Yes, sir. It is. 129 130 Q. Is it unusual or is it...has this ever been done where someone might have 131 added something to a form like this after it has been signed. 132 133 A- After it has been signed by the complainant we would not amend it in any 134 form or fashion unless the complainant was aware of it and initialed it. J J Wcwd Sa Tatc Signature: _ Date ZTO(~n Std Lt:6T Rid 96. 0.90 r Statement of: Alexanaer Graves Page 4 135 136 Q. But as far as you are concerned you don't know anything about why or 137 how those words were added. 138 139 A. That is correct. 140 141 Q. Do you know of any conspiracy by Hawaii County police to somehow 142 damage Mr. Russi or somehow build a case against him that might have 143 anything to do with this. I mean was this discussed privately among 144 police officers that you are aware of to change records or to do anything to 145 Mr. Russi in regard to this TRO and him being asked to leave the Four 146 Seasons. 147 148 A. No, sir. Not at all. 149 150 Q. Was it discussed privately among officers while it was happening that you 151 are aware of. 152 153 A. Not that I am aware of. We had no reason to talk about it. 154 155 Q. Was it just a routine complaint-he came in as tar as you just explained to 156 me, filed a harassment charge against someone that Itit him with a walkie 157 talkie antenna. 158 159 A. Initially it was routine but then once the Assistant Chief Hickcox got 160 involved it became a special case and we gave him extra extra special 161 attention to make sure every question was answered to respond to him 162 promptly to satisfy him however we could. 163 164 Q. That will take care of what I need to know. Is there anything about this 165 particular incident Mr. Russi, this Waiver of Prosecution document or anv 166 of the other parts of this case that we have discussed that might be 167 relevant that you would like to add to this statement. 168 169 A. Just that from the Captain to the ranks all the way down to the patrol 170 officer we have all gone out of oai way to try to make Mr. Russi feel like 171 he is being taken care of properly and when he came forth with this this 172 was disheartening. 173 174 Q. Because you felt exactly the opposite. 175 176 A. Exactly. 177 178 Q. The effort was taken to... 179 Wwd STai~ Signature: Date: CTO Z yvi LtAT Tad 8B S0-AU Statement of: Alexanar, Graves Page 5 180 A. I was shocked. 181 182 Q. Investigate. 183 184 A. Yes, sir. 185 186 Q. And that kind of came back to bite you. 187 188 A. Yes, sir. We went above and beyond to try to satisfy him. Every-he felt 189 that he was becoming a burden to us and we would eventually ignore him 190 and I personally reassured him that would never happen. Any complaint 191 that comes to us we have to respond to either him or the Four Seasons. 192 We have no bias with anyone, either him or the Four Seasons or any other 193 hotel or any person in thus County as far as I know. 194 195 Q. So just to add to that you weren't biased in favor of the Four Seasons. 196 Were you trying to bolster their case or were you at all involved in trying 197 to support their position. 198 199 A. I have nothing to gain. No, sir. I was trying to bolster nothing. I was just 200 trying to make sure Mr. Russi was satisfied with the police department 201 doing all we could do legally for him. 202 203 Q. Okay. With that I think we will end unless there is something else that 204 you would like to add to this. 205 206 A. No, sir. 207 208 Q. Are the statements that you have made true and correct. 209 210 A. Yes, sir. 27.1 212 Q. And you knew I was recording U'us. 213 214 A. Yes, sir. 215 216 Q. State your name again please. 217 218 A. My name is Alexander Joel Graves. 219 220 Q. And my name is Steve Tait. It's 1:35 p.m., on the afternoon of February 14, 221 1998, and I am going to turn the recorder off no%v. 0 Vllood 6. Tait Signature: Date: PTO® SFd St:Br Id-4 50, 9() Wood &Tait ~..+ropgo6om • Adjudmenh March 3, 1998 Officer Clarence Yee Jr. Hawaii County Police Department 349 Kapiolani Street Hilo, Hawaii 96720. Re. HPC#: 97-30 Occurrence: 07/14/97 Complainant: Thomas Russi Our Ref: 03 HMI 7-709441V Dear Officer Yee, Enclosed is a transcription of our recorded conversation of February 16, 1998, concerning the captioned complaint. We request your assistance in our investigation by reviewing your statement and making any changes you feel appropriate. If this transcript is acceptable to you as is, please call us with your approval. Sincerely, Wood £a Tait, Inc. Stephen J. Tait Hilo Office Hawaii • Maui • Kauai • Oahu 820 Piilam St_, Suite 4201, Hilo, Havaii 96720-4600 • Tel Bob 969-7030 • Fax 908 969-7933 E,na'I Wthilo~i!hawaii.n 6t 2TOi4T TF3 8r 8T IdJ 86 =So 9o e Statement of: Clarence Yee Jr. Page 2 1 I'll start this recording by stating that my narne is Steve Tait. Today's date 2 is February 16, 1998. I'm speaking with Officer Yee and we are going to 3 discuss Police Commission complaint 97-30. The complainant is Thomas 4 Russi. 5 6 Q. State your full name please. 7 8 A. Clarence Yee junior, police officl-r. 9 10 Q. What is your badge number. 11 12 A. 229. 13 14 Q. When is vour birthdav- 15 16 A. 17 18 Q. Arid your Social Security number. 19 20 A. MNMM9M 21 22 Q. Your are assigned to Kona patrol. 23 24 A. Yes, I am. 25 26 Q. And what is the phone number for your business office ...do you know. 27 28 A. It's 326-4646 or 4208. 29 30 Q- Okay. Going to this complaint you were named as a witness concerning a 31 police report that he filed about an incident at Four Seasons so whenever 32 you think it is appropriate tell me when you first met Mr. Russi and 33 how...what happened that day. 34 35 A. I believe I talked to Mr. Russi was about July either the 12th or the 13th. 36 He came in wanting to file an assault complaint so_..and we had discussed 37 it with Sergeant Graves and then when we felt that he wanted to make the 38 assault complaint I started taking down information. He ;ot up-didn't 39 leave his name and started to walk out. I asked him if he didn't want to 40 make the complaint and he said, "No." That was the last I heard of him. 41 42 Q. That is all that you talked to him about-just wanting to file it and he 43 didn't file it. 44 Wood ficTa;~ ~-v^- Signature: Date: 9TO Z SFd 6t:6T 181 S6-S0.9o Statement of: Clarence Yee Jr. Page 2 45 A. Yeah, because he came in saying that he was being harassed and a security 46 officer assaulted him by tapping his antentna on Russi's chest so I said, 47 "Okay, we can make a complaint," and then when I started filling out the 48 incident complaint form he just got up and started walking away. Said, 49 "I'm going," and I said, "You don't want to file the report," and he said, 50 "No," and walked out the door. That was the last I heard of him. 51 52 Q. And then he must have come back then to fiie...because he did file a report 53 later on. 54 55 A. He filed one with Officer Kahiwa after I think it was the next day because 56 he talked to me and Sergeant Graves the first day and then when Sergeant 57 Graves said, "Yeah, I third- we should make a report," and I started taking 58 information and he walked out. 59 60 Q. Oh, that's it_..what did lie tell you about what happened. 61 62 A. He said he was walking... apparently he was picketing because of the 63 something to do with HMSA and he was having a conflict with the Four 64 Seasons and HMSA so he decided to picket down I guess on the beach 65 somewhere and he was saying, oh, well, he had every right to be on the 66 property. We had the discussion about v; hat was private and what was 67 public because he said I was here and we told ltim well, there is a section 68 under public access to the beach and so forth so he pretty much walked 69 over there but I guess security wanted him to leave and I believe that was 70 the same time Officer Leith and Antolin went there ...I'm not sure. 71 72 Q. But you weren't involved in any of that. 73 74 A. No. I didn't go down there. 75 76 Q. I'm going to show you this Waiver of Prosecution form. Mr. Russi is 77 alleging that somebody changed the Waiver of Prosecution by writing in 78 the word "Edwin" that looks like a & symbol-they call that an ampersign I 79 think, and the words "Four Seasons." Do you know anything about this. 80 Have you ever seen this before. 81 82 A. I've never seen it myself and I have no idea that one was made so I don't 83 know. 84 85 Q. So you didn't know anybody and you didn't have anything to do with this 86 document... didn't write anything on th^s document. 87 88 A. No. 89 ~e sTat~ Signature! Date: .L TO (j3 %V3 61-:6T 181 86,so,90 Statement oh ClarencAee Jr. Page 3 90 Q. That will take care of all I need to know. Is there anything else that you 91 would like to add to this statement at all. Are the statements that you 92 have made true and correct. 93 94 A. Yeah. 95 96 Q. State your full name again please. 97 98 A. Clarence Yee. 99 100 Q. My name is Steve Tait. It is 3:08 p.m., on the afternoon of February 16, 101 1998. I'm going to turn the recorder off now. Wouai Tait Signature: _ Date: STOZ YP3 BEAT Rd BB~so,c