Posted on: Tuesday, January 15, 2002

Kaua'i police chief likely to lose claim

By Jan TenBruggencate
Advertiser Kaua'i Bureau

U.S. District Judge Susan Oki Mollway told attorneys yesterday she is inclined to dismiss Kaua'i Police Chief George Freitas' claim against the county and Kaua'i Police Commission, but would let him return to federal court if he were fired or suffered some other job action.

Freitas went to federal court after the commission placed him on paid leave for five months while it conducted an investigation into allegations brought by two senior police officers.

Freitas has since been put back on the job, with three complaints still outstanding.

In a hearing yesterday, Mollway expressed concern about the way the county handled the Freitas case, but "because he hasn't been removed, my indication is to say that he doesn't have standing" in the court.

She is expected to file her official ruling by Friday.

Deputy County Attorney Laurel Loo said the commission decided to relieve Freitas of his duties but continue to pay him, to ease the process of conducting an investigation. "It was the most neutral thing the county could do," Loo said.

The complaints ranged from parking violations to using his county car for private use. The most serious allegation was that he interfered in a criminal investigation of an officer charged with sexual misconduct.

In that situation, Freitas has said he acted under the advice of the county attorney's office in directing an investigator not to use charges in one criminal case against the police officer in order to gain the aid of a witness in another case.

Even if Mollway dismisses Freitas' complaint, she gave attorneys thoughts on how to proceed. Her discussions showed "she believed Freitas does have due process rights," Freitas' attorney, Margery Bronster said.