Kauai Circuit Judge Randal Valenciano dismissed Tuesday an indictment against county Human Resources Manager Janine Rapozo, who was charged with falsifying business records to aid Mayor Bernard Carvalho Jr. in the theft of gasoline using a county-issued gasoline card.
Valenciano ruled there were not enough votes by grand jury members to validate the indictment. The grand jury vote was 10-4 in favor of indictment, short of the 75 percent required.
The county prosecutor’s office said in a news release it plans to file the charges via a criminal complaint in Kauai District Court.
On Nov. 14, Rapozo was indicted on one count of second-degree theft and 22 counts of falsifying business records for allegedly aiding Carvalho in unauthorized gasoline purchases.
Carvalho said in a statement Tuesday that there was no criminal intent by anyone and that he and Rapozo were following a long-standing practice regarding county-issued gasoline cards for Kauai mayors.
Rapozo, who has worked with the county for 18 years, has served as human resources manager since July.
Attorney Eric Seitz, representing Carvalho, had said the allegations were baseless and that the indictment was filed as retaliation against the mayor for past disputes.
The prosecutor’s office said the indictment was not filed maliciously. Prosecutor Shaylene Iseri Carvalho issued a statement that said, in part, "It is disturbing and unfortunate that the mayor continues to seek special treatment during the course of ths investigation …"
Managing Director Gary Heu said use of county fuel by the mayor and other elected officials has been a practice dating back more than two decades. "We have acknowledged that these practices need to be reviewed, in some cases amended and reduced to a clear written policy which we are in the process of doing as we speak," Heu said in a news release.
He said officials haven’t seen any evidence of criminal intent concerning use of the mayor’s gasoline card.
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Correction: A previous version of this story said the grand jury vote tally was not available.
