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Councilman sues Kauai prosecutor for allegedly malicious prosecution

By Star-Advertiser staff

LAST UPDATED: 7:59 p.m. HST, Sep 19, 2012

Kauai County Councilmember Tim Bynum has filed a lawsuit in federal court against Kauai Prosecutor Shaylene Iseri-Carvalho, Kauai County, and a Kauai Planning Department supervisor for “constitutional violations arising out of abuse of abuse of power and malicious prosecution,” his attorneys said in a news release.

According to the suit, Iseri-Carvalho and others targeted and illegally prosecuted Bynum over alleged zoning law violations at his home. 

“It is further alleged that Iseri-Carvalho prosecuted councilmember Bynum to block him from questioning the financial activities of the prosecutor’s office,” the press release said. “The lawsuit is based, in part, on tape recordings that were secretly made by Iseri-Carvalho’s first deputy, Jake Delaplane, of conversations he had with County Planning officials regarding the prosecution of Bynum for political reasons.”

Earlier this year  Judge Kathleen Watanabe ejected Iseri-Carvalho’s office from the case and appointed a special deputy attorney general to investigate, and the case was ultimately dismissed.

One of Bynum’s attorneys is former state Attorney General Margery Bronster. 

"False and malicious criminal prosecution of political enemies is something you expect to see in the Third World, not in Hawaii,” Bronster said in the news release. “A prosecutor cannot use a criminal prosecution against a political rival in an attempt to intimidate him and prevent him in a County Council meeting from asking legitimate questions about the operations and budget of the Office of the Prosecutor.

“Incredibly, they made tape recordings discussing their plans and they joked on those tapes about committing perjury if ever caught. Councilmember Bynum’s rights were severely injured and we plan to bring everyone involved to justice,” Bronster said.

Bynum v. County of Kauai

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