Kenoi asks for dismissal of felony theft, other charges
STAR-ADVERTISER
Hawaii island Mayor Billy Kenoi appeared in Hilo District Court on March 30 to be arraigned on felony theft charges. He was flanked by his attorneys Todd Eddins, left, and Richard Sing.
Big Island Mayor Billy Kenoi has asked a Circuit Court judge to dismiss all the charges filed against him, according to the Hawaii Tribune Herald.
Kenoi’s trial is scheduled for Oct. 10 in Hilo before Honolulu Circuit Judge Dexter Del Rosario after all current Big Island judges recused themselves.
A hearing on the motions will be held Sept. 16 in Hilo.
Defense attorney Todd Eddins filed three motions Aug. 8 to dismiss the indictment as well as a motion seeking dismissal of the two felony theft charges.
Kenoi is also facing three counts of tampering with a government record and a single count of making a false statement under oath — all misdemeanors.
One of the motions to dismiss the indictment is based on “violation of the defendant’s right to a fair and impartial grand jury proceedings,” while another is “based on violation of (Kenoi’s) due process rights,” according to court records.
The motion to dismiss the two second-degree theft charges, both Class C felonies that carry a possible five-year prison term upon conviction, are “based on failure to provide adequate notice as to the terms of the charges,” court records indicate.
The charges stem from a yearlong investigation by the state attorney general’s office into the mayor’s misuse of his county credit card, also known as a pCard. The investigation started after Big Island newspapers reported Kenoi used his pCard to pay an $892 tab at Club Evergreen, a Honolulu hostess bar.
The mayor charged nearly $130,000 in charges on the government credit card between January 2009 and March 2015.
Kenoi reimbursed the county for $22,292 in personal charges between those dates. He later paid back approximately $9,500 more after the newspapers published stories examining his pCard use.
By law, Kenoi cannot run for re-election this year since he has reached the two four-year terms as mayor.
He will be succeeded in December by former Mayor Harry Kim, who won Saturday’s primary election.
47 responses to “Kenoi asks for dismissal of felony theft, other charges”
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Smart move – everybody would do the same thing.
Notice that all of the reasons for dismissal are based on technicalities. There were no denials of guilt or lack of evidence.
If you think that the Constitution and the law are technicalities, then you’re right.
Trump gave a great speech on Law & Order tonight in West Bend. That’s 3 policy speeches to 0. She’s got no legs. She can’t even stand up on stage, trips and falls. What a total disaster. If Joe says Trump is unfit what the hill is Obama, Clinton and Clinton?
If it goes to court and found guilty he would probably get probation and will have to return the money to the county.
He likely gets off. It is a political matter for the monopoly party. Billy shamed his office and is done politically. His pidgin clown act was an insult to the Big Island and his theft of public funds a disgrace.
The case is terrible and will fall apart at trial, if not before. Not sure what the PA was thinking.
“Billy don’t be a hero, don’t be a fool with your life…”
billy billy went a walkin’
No, he should stand trial and be held accountable for his actions.
Bdpapa: I totally agree with you. Failure to provide adequate notice as to the terms of the charges? Com-on man, his lawyers should get real and stop using lame excuses. Question? Was the two second-degree theft charges been committed? Definitely, otherwise he wouldn’t be spending time in court. So why should a lame motion be used by his layers to try and dismiss a crime that has been committed? Stand trial like a man and take his punishment.
His attorney is using any technical move to get him off. That is his job. The prosecuting attorney better make sure that everything is done right. If Kenoi gets off, it is the prosecutor’s fault.
There is almost no chance that a felony conviction could ever happen in this case. There have already been too many due process mistakes for the Hawai’i Supreme Court to let a conviction stand.
I doubt of this will actually go to trial.
I’m sorry you don’t understand how the criminal justice works and what responsibilities an attorney has when acting in the defense of a client.
It doesn’t matter what you think is right. It matters what the law is and proving a case beyond a reasonable doubt. Even if the prosecution, by remarkable series of events, gets a felony conviction, it will not stand on appeal.
Yes, there is due process. And even if someone is guilty, rules must be followed. Any error in process can blow up a case, and a guilty party can walk free. I think people are thinking about their own perceptions of justice and fairness – something the law sometimes cannot provide.
Everybody knows that Billy Boy is guilty as heck and should go to jail for this. Unfortunately, that is not the issue at hand anymore. This trial will now be focused on the PA. Did he screw this case up or not? PA is now the defendant.
“Everybody knows?” So why have a trial then? Why bother with the Constitution if we have people (legal geniuses?) here who consider themselves judge and jury? Perfect!
I think you’re taking this as literal, and it’s not meant to be.
Denied. Does Kenoi always have to have a smirk on his face, like he thinks this is a big joke?
Always has a smurk, tink he’s a tuff and ruff braddah that can’t be touched, palu to you….
The smurk is in. So probably is the fix!
My sentiments exactly. That smurk says “I’m going to get a slap on the wrist and get away with it.”
$130,000 is a lot of money.
Who can trust this guy anymore?
Kenoi repaid $31,792 in personal charges at varying times after they were made, but he didn’t break any laws? Give us a break! The fact that he didn’t pay back the last $9,500 until after the story broke in the papers tells us a lot. His slick lawyers are trying every conceivable trick to get the charges thrown out. Why? Because they are afraid they will lose. Even if he is convicted, I doubt he will serve any jail time. Losing his law license would be a big deal though, especially given the fact that his political career is over.
Kenoi is going down. I do hope the Deputy AG handling the case does not roll over. Todd Eddins is a smart attorney. Do not know about Richard Sing but wonder who is paying for
these guys to represent Kenoi. Hopefully Kenoi gets jail time although given the Judge is Del Rosario, this is a remote possibility. Would not surprised if Kenoi gets a Deferral so he gets
no felony conviction on his record. This would also allow him a good chance to keep his law license. My hope is that Judge Del Rosario grows some big ones and give Kenoi either jail time or
prison and Kenoi loses his law license but I suppose in a perfect world, this is what would happen. Kenoi would have no problem adjusting to prison life. He woud be there with “the brothers”
and is well acquainted with the mentality of people in prison.
This is an interesting comment. You know both the details of the case, as well as the ability of the defense attorneys and the judge?
None of your other comments would suggest that you know anything at all about the law. Absolutely nothing.
And you? You do realize that this is just a comment board to post your opinions. Everyone knows that our comments are just that, comments. My comments, your comments, fiveo’s comments are just that, comments. And your comments are not more special than others that they change the world either. And no, your comments don’t make you appear to be an authority on anything. In your own mind maybe. Thank you.
Put em in jail — that’s the crooks Billy and Hillary.
Well that makes sense. Why bother with evidence, trials, defense, and the Constitution, when we have you to make those decisions? Just think of the money we could save on the criminal justice system!
Let me guess …. you’re a Trump supporter?
Nope. Not a Hillary supporter either. Just curious, you were awfully absent with your comments about the Waikiki pimp case. Why? Skin color?
butinski – It might be helpful to not project your sad and pathetic racism onto me. I don’t buy your nonsense.
Our laws suck. Billy boy will just get a slap on the wrist and the City will tell him “Don’t do that again”. Naughty, Naughty boy. What a big joke. Now for all of the State workers would stole money from their schools, should get their jobs back and they record cleaned. What is the law telling our children and grandchildren?
try let me go now
i take care bumbai
you know da rules
Did he break the law? Yes.
Did he admit that he broke the law? Yes.
Does this mean that he is guilty? Yes.
Will the majority party in Hawaii ignore these facts and NOT sentence him to jail? Most likely.
Is the majority political party in Hawaii a criminal enterprise? Of course.
Mayor Kenoi did not admit that he broke the law, so I’m not sure why you would lie about that.
And you didn’t make any sense when you connected the “majority party” with sentencing someone to jail. What are you talking about?
He apologized for billing the county $129K for his personal charges. Ain’t nobody that doesn’t know that’s illegal. you commenting on every comment posted. you his mother?
I know you don’t understand the law and how prosecutions work. You’ve already proved that. It doesn’t matter what you think – it matters what the government can prove.
If you don’t want to read my comments, try to develop the self discipline to not read them. Think you can do that?
I don’t care what your opinion is.
klastri, you troll. most just post their opinion. you on the other hand, post and keep coming back and keep posting what your small mind can produce. are you hanalei with a different screen name?
NO WAY CAUSE YOU CROOK OUR COUNTY
does anybody else hear that irritating noise?? what is it???
oh shoot,,,,, it’s just klastri
Throw him to the wolves
In your dreams, Billy. In your dreams.
What he pays back $33,000 of $130,000 and he wants to go free?? It’s like I Ron a bank of $1,000,000 and return $200,000and noted charged ?? If keno I gets away with his deeds proves how corrupt our government is. He should go to prison for at least 20 years and repay the $130,000. I still don’t know he is still in office
A portion of the $130,000 were legitimate charges to his pCard (those do not need to be repaid). What he repaid were charges to his pCard that were made for personal expenses, and those charges (personal expenses) are what have him in hot water.
That’s disgusting! He should be sent to jail for just lack of awareness! Look at the look on his face! He needs to be made an example of, not just for corrupt politicians but for all those Asin women who go after men in power