Monday, March 18, 2013

Is Police Chief Yabuta A Criminal?

Picture this scenario. In spite of years of hard work your small business has failed and you become homeless. After several weeks of misery a woman named Maria offers you a temporary job doing home repairs. You jump at the opportunity and bust your butt for two weeks. You've been promised enough payment to get a small room for a month. You have a chance to get back on your feet. But when the job is done, instead of paying you Maria evades and avoids you. Then you meet another homeless person who tells you this same woman ripped him off for ten days of labor.

You realize you've been screwed, but you lack the fee required to file a claim in Small Claims Court. Desperate to get out of the rain at night, you do the only thing you can do, try to embarrass the con artist into paying you by lawfully demonstrating near the restaurant where she works part-time. Your sign calls her a thief.

Determined not to pay you a dime, Maria files a petition for a temporary restraining order (TRO) asking the court to enjoin you from demonstrating. It is full of outrageous lies claiming that you never worked for her, that you demanded sex and money, that you threatened to kill her and that you punched a big hole in the living room wall.

TRO petitions are always granted as ex parte orders pending a hearing on the matter within a month or so. And so this one is granted and served on you. Its intent is to stop you from demonstrating, but you read it carefully and realize that it says nothing about staying away from the restaurant. It only orders you to stay 100 yards away from her home, which is well behind the restaurant, about 150 yards from where you stood with your sign.

Wanting to keep the pressure on, you demonstrate again in the same spot. Maria calls the police and tells them that you're violating the order. When they arrive the con artist is standing at the gate to a neighbor's house, which is well within the forbidden 100 yards from you. The residents are not home. Maria tells the police she lives there and you are arrested.

The police never read the address on the TRO and never ask her for proof that she lives at the house. They just measure the distance from you to the house, assume you are guilty and arrest you. You're booked into MCCC, facing a year in prison. Two weeks later you are taken to court in chains for the hearing on the TRO petition.

After listening to both sides the judge pronounces the petitioner a liar and dissolves the ex parte order. But the prosecutor refuses to dismiss the charge of violating the order before it was dissolved and demands you remain locked up until trial in several months. The judge inexplicably agrees and you are returned to the slammer where you are horribly abused by prison staff for the next two weeks. You finally manage to contact a friend who bails you out.

A week later the prosecutor finally sees the futility of his case and drops the charge. You then contact the police and request that felony charges be brought against the con artist for filing the sworn TRO petition filled with statements that can easily be proved to be lies. The police refuse, saying that their policy is to not investigate complaints of perjury.

This kind of thing happens all the time and this is what happened to me. I was robbed of my hard work, jailed for a month, treated like a criminal (there was no presumption of innocence), humiliated and terrorized by the prospect of spending a year in jail. The con artist's criminal lies cost me untold misery and cost the taxpayers tens of thousands of dollars.

You would think the county would be furious and go after the con artist with a vengeance. But it refused to prosecute because it wants to keep its illegal perjury decriminalization policy in place. The policy, which allows police and other prosecution witnesses to lie with impunity in court, is an integral part of the county's railroad. In its entire history the county has never prosecuted a perjurer. Imagine the uproar if the county had a policy of not investigating and prosecuting complaints of robbery or rape. In this case they went after me with a vengeance for the alleged misdemeanor (TRO violation), while they allowed the con artist to operate her slaving scam and refused to prosecute her for felony perjury.

I wrote a letter to Chief of Police Gary Yabuta telling him that as long as the perjury decrim policy remains in effect he and other county officials could fairly be the targets of unproved allegations. After all, if innocent people can be jailed on the basis of perjury, and the perjurers pay no price for the criminal lies, then those responsible for the insane, illegal policy should pay a price. They should be given a small taste of what victims of perjury endure. The sting of unproved allegations against them is not nearly as severe as being arrested and spending weeks or months in jail, so they have no grounds for complaint.

The county replied with a letter threatening legal action to stop any such demonstration I might attempt. There would be no legal basis for such action, but I would welcome it so the whole perjury decrim can of worms can be opened.

So, is Maui's Chief of Police Gary Yabuta a crack and ice dealer and a predatory pedophile as my protest poster appears to allege? Who knows? But by the county's own standard and policy there can be no legal repercussions for saying he is, even saying so under oath.

Incidentally, if you read the small print of my sign you will see that it actually says that Yabuta is worse than a crack dealer and child molester. I believe this. Destroying the integrity of the justice system by decriminalizing perjury, against the intent of state legislators, is one of the worst crimes imaginable. It proves that the county does not care about truth and justice or about you. Maui does not have the rule of law, but the rule of stupid, dishonest, vicious individuals.

Links to all my blogs: www.KurtButlerblogs.blogspot.com

For more detailed critiques of various forms of quackery, including naturopathy, see my book A Consumer’s Guide to “Alternative Medicine”.  It was expertly edited by legendary quack buster Stephen Barrett. MD. 
The critics say:

"Superb!" -- Dr. Victor Herbert in the New England Journal of Medicine.

"Excellent" -- National Council Against Health Fraud.

"Five Stars" -- Cooking Light.

"Thought provoking; a great book" -- American Journal of Health Promotion.

 When the book was published almost 30 years ago it was strongly praised by responsible health experts and the rare responsible media, but trashed by new-age critics and even vandalized in bookstores by new-age fanatics. It is as true and relevant as ever, and has been mostly vindicated by time. Yet my courageous and far-sighted publisher, the venerable Prometheus Books, is still sitting on lots of copies. Please help validate their integrity by buying a copy. Or two or more as gifts. Perhaps 10 for your local school library and health classes. See their website for assorted discounts. Make them an offer. (My royalties are insignificant; this little promo is for the benefit of one of the world's great publishers, Prometheus Books.) 

Maui's future foretold
Barbarians In Paradise -- Terror Comes to Maui. This is a prophetic flash novel about a future police state and those who rebel against it. Available in paperback and ebook at Amazon.com. 


Monday, March 11, 2013

Maui County Government Criminals

Why does Maui County have the lowest voter turnout of the nation's 3 thousand counties? Because Maui residents sense that their government is hopelessly corrupt, arrogant and lawless, and that nothing voters do will make a difference. Most of us have first or second hand knowledge of the county's cynical and criminal behavior. Unfortunately, few have the resources (time and legal costs) to fight back, so we grumble and mostly do nothing.

Now it's time we start speaking out and, whenever we can, exposing the criminals by name. Let their infamy grow and follow them even if they leave government positions and enter the private sector. Lacking a moral core, these dangerous people have proved that they are conniving, self-serving and dishonest. They cannot be trusted. Changing jobs will not change their basic nature.

It's important to make this clear from the start: the vast majority of people who work for County of Maui are competent, diligent and honest. My harsh comments about the few scoundrels named here should not reflect on the many decent, hard-working county employees. Unfortunately, the scoundrels are mostly higher-level bosses and/or employed in some form of law enforcement, and they wield power far greater than their numbers would suggest.

On the other hand, this is surely not a complete list of the criminals who are in, or who recently left, government positions. If you've been a victim, I urge you to start a blog and expose the bad guys.

Here's my list of people who should not be trusted because of the crimes or extremely unethical and stupid acts they committed while in government.

Prosecuting Attorney Benjamin Acob (former): Obstruction of justice; Malicious prosecution; Subornation of perjury; Subversion of the Constitution and rule of law; Complicity in running a protection racket for a criminal enterprise.

Mayor Alan Arakawa  Obstruction of justice; Perjury; Subversion of the Constitution and rule of law; Complicity in running a protection racket for a criminal enterprise. 

Police Officer Samuel Gasmen  Obstruction of justice; Complicity in running a protection racket for a criminal enterprise; Perjury.

Police Officer Vernon Gosney  Obstruction of justice; Complicity in running a protection racket for a criminal enterprise.

Assistant Prosecuting Attorney Kevin Jenkins (former)  Obstruction of justice; Malicious prosecution; Subornation of perjury; Lying to a jury.

Police Officer Kenneth Kihata  Obstruction of justice; Complicity in running a protection racket for a criminal enterprise; Torturing a detainee.

Prosecuting Attorney John Kim  Obstruction of justice; Subversion of the Constitution and rule of law; Subornation of perjury; Complicity in running a protection racket for a criminal enterprise.

Assistant Prosecuting Attorney Marie Kosegarten (former)  Obstruction of justice; Malicious prosecution; subornation of perjury; Complicity in running a protection racket for a criminal enterprise.

Police Officer George Kronoski  Obstruction of justice; Complicity in running a protection racket for a criminal enterprise.

Deputy Corporation Counsel Moana Lutey   Obstruction of justice; Subornation of perjury; Subversion of the Constitution and rule of law; Complicity in running a protection racket for a criminal enterprise; Subornation of evasion of subpoena service. See open letter to Lutey posted 1/8/16.

Corporation Counsel Brian Moto (former) Obstruction of justice; Subversion of the Constitution and rule of law; Complicity in running a protection racket for a criminal enterprise.

Chief of Police Thomas Phillips (former)  Obstruction of justice; Perjury, Complicity in running a protection racket for a criminal enterprise.

Deputy Corporation Counsel Richard B. Rost   Obstruction of justice; Subornation of perjury;  Complicity in running a protection racket for a criminal enterprise.  

Police Officer Mary Sagawinit  Obstruction of justice; Complicity in running a protection racket for a criminal enterprise; Evasion of subpoena service.

Assistant Prosecuting Attorney Gerry Sheppard     Obstruction of justice; Subversion of the Constitution and the rule of law.

Police Officer Rocky Silva  Obstruction of justice; Assault and battery. 

Assistant Prosecuting Attorney Mark Simonds (former)  Obstruction of justice; Malicious prosecution; Subornation of perjury; Lying to a jury.

Mayor Charmaine Tavares  (former)   Obstruction of justice; Complicity in running a protection racket for a criminal enterprise.

Assistant Prosecuting Attorney Davelynn Tengan (former)  Obstruction of justice; Malicious prosecution; Subversion of the Constitution and rule of law. 

Chief of Police Gary Yabuta  Obstruction of justice; Complicity in running a protection racket for a criminal enterprise.

Corporation Counsel Patrick Wong  Obstruction of justice; Subornation of perjury; Subversion of the Constitution and rule of law; Complicity in running a protection racket for a criminal enterprise.


Links to all my blogs: www.KurtButlerblogs.blogspot.com

For more detailed critiques of various forms of quackery, including naturopathy, see my book A Consumer’s Guide to “Alternative Medicine”.  It was expertly edited by legendary quack buster Stephen Barrett. MD. 
The critics say:

"Superb!" -- Dr. Victor Herbert in the New England Journal of Medicine.

"Excellent" -- National Council Against Health Fraud.

"Five Stars" -- Cooking Light.

"Thought provoking; a great book" -- American Journal of Health Promotion.

 When the book was published almost 30 years ago it was strongly praised by responsible health experts and the rare responsible media, but trashed by new-age critics and even vandalized in bookstores by new-age fanatics. It is as true and relevant as ever, and has been mostly vindicated by time. Yet my courageous and far-sighted publisher, the venerable Prometheus Books, is still sitting on lots of copies. Please help validate their integrity by buying a copy. Or two or more as gifts. Perhaps 10 for your local school library and health classes. See their website for assorted discounts. Make them an offer. (My royalties are insignificant; this little promo is for the benefit of one of the world's great publishers, Prometheus Books.) 

Maui's future foretold
Barbarians In Paradise -- Terror Comes to Maui. This is a prophetic flash novel about a future police state and those who rebel against it. Available in paperback and ebook at Amazon.com.