Posted on: Wednesday, January 30, 2002
Kaua'i chief gets minor charges
By Jan TenBruggencate
Advertiser Kaua'i Bureau
LIHU'E, Kaua'i The Police Commission's wide-ranging investigation of Chief George Freitas yesterday ended in the commission's sustaining just two minor charges.
But the larger case is far from over. Freitas has promised to appeal, and a civil suit on the county's handling of the case is still in U.S. District Court.
Freitas, who was placed on five months' paid leave while the case was being investigated, will receive two letters of reprimand.
The case has created an uproar in Kaua'i County.
Mayor Maryanne Kusaka, who has long been critical of Freitas, was forced to justify her involvement in the commission's actions, by pointing out that the county charter gives her a voice in all county commissions.
County Council members have worried aloud about the likelihood that Freitas will prevail in a lawsuit claiming the entire issue was mishandled, and that it will cost the county a lot of money.
In the short term, they face bills in the neighborhood of $25,000 for the Honolulu Police Commission investigator who produced a 6-inch-thick report on allegations against Freitas, after interviewing a reported 150 witnesses.
Freitas is represented by a high-profile lawyer, former state Attorney General Margery Bronster.
Council members, media, and Freitas himself have challenged the Kaua'i Police Commission for its secrecy in the case. Freitas has still not been provided with a detailed account of the charges in the case, and the county attorney's office yesterday said he won't get a copy of the investigation, which he says he needs to prepare a defense.
"I'd like an opportunity to defend myself ... I can't defend myself without the investigation," he said.
Among the charges against Freitas was an allegation that he once parked on the wrong side of the street. Freitas told the media he recalled the incident. He had been directed to park there by a security officer, he said.
The chief said most of the case could have been easily resolved if he had been asked to answer the complaints when they were filed.
"Why wasn't I called in?" Freitas asked.
The original complaints were brought to the commission during a meeting in August 2001 when Freitas was on the Mainland. They were brought by the department's now-retired head of detectives, Melvin Morris, and Lt. Alvin Seto.
Freitas was immediately placed on paid administrative leave and department employees were told not to talk to him. He remained on leave until Jan. 7.
The most serious charge was that he hindered a criminal prosecution when he ordered investigators not to use data from a confidential internal personnel investigation in an unrelated criminal investigation. He was simply following his understanding of the law, as it had been discussed with him by a member of the county attorney's staff, he said.
That charge was dropped by the commission on a 3-2 vote, with Commissioners Michael Ching, Wallace Punua and Dede Wilhelm voting in the majority.
"I believe the rules and laws were consistent with his action," Ching said.
In the two counts that were sustained, Freitas was cited for allowing a civilian passenger to ride in his county vehicle while not on county business, and with yelling at a subordinate.
The commission voted unanimously on the first count and 4-1 with Ching in the minority on the second.
Commission chairman Norman Holt said Freitas' conduct in the case "was beyond what it should be."
Later, Holt said he wanted more severe punishment than the oral reprimand the majority of commissioners sought.
"Personally, I think this behavior is much more serious than just an oral or written reprimand," he said.
The commission was scheduled yesterday to also take up its annual evaluation of Freitas' performance, but voted to put it off until April 30.