Kaua'i police chief going back to work

By Jan TenBruggencate
Advertiser KauaÎi Bureau

LIHU'E, Kaua'i — Police Chief George Freitas returns to work Monday, nearly five months after being placed on leave.

But some allegations that led to his removal remain outstanding and both sides are filing motions in federal court.

Freitas said he will show up at police headquarters Monday, on the authority of a letter from Deputy County Attorney Laurel Loo.

"I'm glad they decided this thing," Freitas said.

The surprise decision was made without a meeting of the Kaua'i Police Commission — the body that put him on leave.

County Attorney Hartwell Blake said his office consulted with individual commissioners, but made its decision independently on the basis of legal considerations.

A press release yesterday from the office of Mayor Maryanne Kusaka, who participated in most of the Police Commission's meetings since the panel's decision to remove the chief temporarily, said "the chief was placed on leave to facilitate the investigation of complaints filed against him by two officers."

Blake, reached at his home late yesterday afternoon, said that once the Police Commission accepted the investigator's report and Freitas' response, which it received Dec. 29, there was no further reason to keep the chief off the job.

"Now that he has responded with his written statement, the investigation is over," Blake said.

But three allegations of improper activity by the chief are unresolved.

Freitas was put on leave with pay Aug. 13, 2001, by the Kaua'i Police Commission after two senior officers, recently retired Assistant Chief Melvin Morris and Lt. Alvin Seto, filed a series of complaints against him.

The unprecedented commission probe, handled by on-loan Honolulu Police Commission investigator John Ko, reportedly involved interviews with nearly all department employees. It resulted in an investigative report several inches thick.

The report has not been released to the public and has not been provided to the chief or his attorneys.

Seven of the original 10 charges filed by Morris and Seto have been dismissed by the commission. They included such issues as allegations that the chief once parked his car facing the wrong way on the street.

The remaining complaints allege that the chief interfered in the criminal investigation of an officer charged with sexual misconduct, that he took a female friend househunting on the west side of the island in his county vehicle, and that he became abusive with one of the complaining officers. Freitas has denied all three allegations.

Freitas attorneys Margery Bronster and John Hoshibata asked U.S. District Judge Susan Oki Mollway for a temporary restraining order. Mollway persuaded the parties to agree to a withdrawal of the request, as long as the commission agreed not to take any action other than deferral or dismissal on the complaints against the chief.

There was no indication in yesterday's letter to Freitas that the three remaining charges are near resolution. Mollway has set a court date Jan. 14 for any motions that may be brought in the case. There were indications yesterday that both sides were preparing legal briefs for the federal court.

Bronster has argued that placing the chief on leave was illegal, and that the commission was inappropriately interfering in department administrative matters. However, she welcomed Freitas' return to work.

She and Freitas said they had not had an opportunity to discuss what impact his return to work may have on Freitas' complaint against the county. The complaint says that he has suffered emotional distress and the possible loss of future earnings.

Acting Police Chief Wilfred Ihu, who on Monday will return to his former job as Freitas' deputy, said last night that the situation has been difficult for the department.

Members of the department, including Ihu, were prohibited from talking to Freitas during the investigation. There is considerable uncertainty about the department's future, in part because of the lack of communication.

Ihu said he has been trying to rally the troops.

"We're all professionals," he said. "My advice to the guys is, 'You do your job.' I think we'll be all right."

Reach Jan TenBruggencate at jant@honoluluadvertiser.com or (808) 245-3074.