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Councilman sues Kauai prosecutor for allegedly malicious prosecution

By Star-Advertiser staff

POSTED:
LAST UPDATED: 07:59 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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star08 wrote:
WOW! Sounds like Kauai-gate is beginning. When MB gets involved, well folks - it will get serious.
on September 19,2012 | 09:01PM
mitt_grund wrote:
Iseri-Carvalho sure knows how to make powerful enemies. First, a claim of racial harassment on her part is upheld. And now she is being sued for conniving against a Councilmember, bringing false charges against him. Sure sounds like she suffers from swelled head syndrome, or lust for power. Wonder if this will jeopardize her re-election in November.
on September 20,2012 | 12:23AM
mitt_grund wrote:
Iseri-Carvalho sure knows how to make powerful enemies. First, a claim of racial harassment on her part is upheld. And now she is being sued for conniving against a Councilmember, bringing false charges against him. Sure sounds like she suffers from swelled head syndrome, or quest for power. Wonder if this will jeopardize her re-election in November.
on September 20,2012 | 12:24AM
redneckMT wrote:
Let's hope so!
on September 20,2012 | 09:51AM
loquaciousone wrote:
They sure have a lot of drama on Kauai.
on September 20,2012 | 03:47AM
bullturd wrote:
Kauai is a 3rd world Island. Last census...75,000 population? Blocked the Ferry, who's on first, what's on 2nd and dakine on 3rd. How many police Cheifs did they go through? Dysfunctional local government is a good description. The Big Island is a close 2nd.
on September 20,2012 | 05:43AM
ejkorvette wrote:
Awww, no problem. Kauai, Oahu, Maui, Big Island. Smile, be Happy. LUCK YOU LIVE HAWAII!!
on September 20,2012 | 07:09AM
loquaciousone wrote:
Is there any relations between Shaylene Iseri-Carvalho and Mayor Bernard Carvalho?
on September 20,2012 | 07:31AM
mitt_grund wrote:
Very perceptive. Shaylene Iseri-Carvalho’s husband, Destry Iseri-Carvalho is a cousin to the mayor and a nephew of Bernard P. Carvalho Sr. The Kauai press has interesting tidbits on some kind of family feud between the mayor's family and the Iseri-Carvalho side, because Iseri-Carvalho supported Mel Rapozo, Mayor Carvalho's opponent in the 2008 election.
on September 20,2012 | 07:52AM
loquaciousone wrote:
Wow sounds like a soap opera. Mahalo.
on September 20,2012 | 07:59AM
LizKauai wrote:
Sigh,
on September 20,2012 | 10:28AM
libertylover wrote:
The is just the tip of the iceberg. Kauai is controlled by criminal families who have infiltrated every department of Kauai government. They compete with each other for control of the island and use their offices to shield the criminal activity of family members. Only strong coordinated Federal enforcement action and aggressive prosecution will rid Kauai of it's systemic corruption. If you want to read more check out this link and the associated comments. http://kauaieclectic.blogspot.com/2012/09/tim-sues-shay-and-sheila-claims.html
on September 20,2012 | 11:10AM
jpchar wrote:
For a more detailed report visit kauaieclecticblogspot.com. Read the lawsuit and you will see a sad commentary on the petty politics and abuses of power that characterize the Prosecutor and her cronies. Their mismanagment will cost the State and County hundreds of thousands of dollars in litigation costs. The ones who really pay the price are the people their office is supposed to serve. The people of Kauai deserve better. They should demand the truth and vote the bums out in November.
on September 20,2012 | 01:30PM
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