Dismissal of Kenoi theft case is denied
STAR-ADVERTISER
Hawaii Island Mayor Billy Kenoi (pictured middle) appeared in Hilo District Court today, Wednesday, to be arraigned on felony theft charges. Hw was flanked by his attorneys Todd Eddins, left, and Richard Sing.
STAR-ADVERTISER
“This is blatant, unabashed appeal to jury nullification. We’re now going out and drinking and dining with staff members? If the mayor didn’t go out drinking and dining with staff, much would not have been accomplished?”
Kevin Takata
Deputy attorney general
The criminal trial of Hawaii County Mayor Billy Kenoi will go forward after a judge refused to throw out charges, including felony theft, stemming from his alleged misuse of his county credit card.
Oahu Circuit Judge Dexter Del Rosario denied four motions to dismiss the indictment charging Kenoi in March with theft, tampering with government records and making a false statement under oath.
Oral arguments were made in Hilo Circuit Court on Friday afternoon on various motions by the defense and Hawaii County.
The judge denied the motion to dismiss the indictment based on the argument that the attorney general’s office deliberately leaked information to the media. He said the defense has not provided information that identifies the sources of the alleged leak, only theory.
He said it would need “to rise to the level of outrageous government conduct” for it to lead to a dismissal of an indictment.
Kenoi nodded and mouthed, “Thank you,” to the judge.
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Kenoi has admitted to paying back $31,000 in unauthorized personal expenses charged on his purchasing card or pCard, including charges for liquor, lavish dining and travel from 2009 until 2015. The mayor’s total expenditures on the card amounted to $129,000.
The prosecution has narrowed its focus to 15 pCard transactions. The indictment covers a period from 2011 to 2015.
County Deputy Corporation Counsel Steven Strauss also argued to preserve attorney-client privilege on behalf of county employees by withholding 40 emails between them, the mayor and his office.
The judge said he will rule whether penal procedure has been followed. He said it’s not intended to be “for fishing” and must meet the tests of relevancy and admissibility.
Deputy Attorney General Michelle Puu replied: “This is not fishing … because we are very specific,” referring to the 40 emails on a privilege list.
The judge ordered the county to turn over the documents to him for his inspection, and said that he will later rule on their admissibility in trial.
During arguments, it was revealed that Kenoi may have had personal financial woes.
Kenoi’s attorney Todd Eddins objected to the state’s plan to call a witness to testify about Kenoi and his family’s low funds, and questioned the value of such information.
Deputy Attorney General Kevin Takata told the judge: “The lack of available funds is an explanation of why the county pCard was used.”
But Eddins questioned why someone in debt would donate $22,848 to Aloha United Way.
Kenoi raised that point when he spoke at a Japanese Chamber of Commerce &Industry of Hawaii meeting on the day of his indictment in March 2015.
The judge did not exclude the witness.
Eddins attempted to have testimony on the mayor’s accomplishments allowed at trial, saying, “This whole case is centered on Mayor Kenoi’s building, nurturing and strengthening relations, including in D.C.”
Takata responded: “This is blatant, unabashed appeal to jury nullification. We’re now going out and drinking and dining with staff members? If the mayor didn’t go out drinking and dining with staff, much would not have been accomplished?”
The judge said he shares Takata’s concerns.
They also argued about whether the mayor was allowed to purchase alcohol with the pCard, with Eddins arguing it was not a complete prohibition.
“It’s not an opportunity to purchase wherever and whenever,” Takata said, adding that one accepted use would be for dignitaries.
Del Rosario also found there was no grand jury counsel misconduct as alleged by Kenoi attorney Rick Sing.
17 responses to “Dismissal of Kenoi theft case is denied”
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Billy, Billy, Billy, why can’t you just stand up like a man and own up that you went out of bounds with that pCard. Your political career is over unless the Grubber subject blindly forget this incident in a few years and anoint you back in public office, enough wasting THE REAL TAX PAYERS money with this court shinanigans, I am sure there is one cell at Halawa waiting for that special someone, or you could opt out to go to Saguaro AZ prison instead.
What is astonishing about this case is that the state is prosecuting and not the feds. I would estimate that the mayor is headed for the slammer, where he can write a memoir revealing everything he knows as to dirt on his fellow insider political hustlers – breaking the back of how the local system works. That sounds like his fate?
agree. I said this months ago. Billy knows where the bones are buried. Many fear he will tell all in exchange for leniency. There are many dirty and dark political corners on the Big Island.
Everywhere.
Don’t you just want to rub Kevin Takata’s head?
A widely held belief among astute political observers in Hawaii is that Daniel Inouye made sure that no federal prosecutors were appointed in this state who might have an inclination to go after political corruption. Of course this is hard to prove, but how else do you describe the lack of federal investigations of the good old boy network?
Is the mayor a kam schools grad? Inouye put in place US attorneys, they in turn controlled federal prosecutors so the Billys of the islands could coast on cruise control. Interestingly, Inouye was a Hillary man and not an Obama supporter. Barry was taught at Punahou how to not look a gifthorse in the mouth. Barry’s book contract when he leaves Office is 45 million. Punahou taught Barry to keep a daily journal.
For real Mythman? Who is the publisher who has that money?
Waiakea grad
Beeeeleee inquiring minds still want to know about the happy endings on Sherridan street.
Billy K. has some street cred.
People of the Big Island.
Should’ve left Harry Kim there in the first place.
Well, we couldn’t keep Harry because of term limits. Kenoi was Harry’s executive assistant, but Harry was strangely silent during the campaign. He did not endorse Kenoi or any other candidate. When Kenoi ran for re-election, Kim ran against him and lost by less than two percent. Kenoi outspent Kim by a huge margin and pandered to West Hawaii voters with overpriced public buildings to squeak back into office. It is very instructive that the Puna district where Kenoi grew up and is best known produced his worst numbers in both elections. To really know Billy is to detest him.
Appreciate the respectful insight.
Meanwhile, what are we gonna do with Billy ?
He just didn’t want the interest payments and bar tabs showing up on his joint card.
Not long after the story broke, Kenoi held a news conference and answered that question by saying that he did not have a personal credit card. Now this guy makes $130,000 per year and couldn’t get a credit card . . . nor a debit card . . . nor a checkbook to cover his “personal” expenses. What sort of shambles do your personal finances have to be in order to have that situation with so much income? No wonder the prosecutors, with the judge’s consent, will be looking at Kenoi’s personal finances.
What a shameless SOB! Even asking for it to be dismissed?! This is Hawaii! I remember being told, in Hawaii no body cares!