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The Honolulu Advertiser
Posted on: Thursday, April 17, 2003

Kaua'i police lawsuit stirs uproar

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i — The former head of the Kaua'i Police Department vice squad said yesterday that he welcomes a full investigation into corruption and assault accusations made against him in a federal lawsuit brought by a fellow police officer.

"These allegations are false, and they're causing a lot of stress for me and my family," said Lt. Martin Curnan, who has been on sick leave since being transferred in January to the patrol division.

The lawsuit filed last week by officer Mark Begley says that Curnan and some members of his family were part of a criminal conspiracy involved in drug trafficking and that confiscated drugs disappeared before being placed into evidence.

Begley also charged that the vice squad failed to follow up on drug and murder investigations and that Curnan assaulted him last May, causing brain damage.

The lawsuit accuses Police Chief George Freitas of failing to investigate the situation and retaliating against Begley for making complaints.

Freitas said yesterday that most of Begley's allegations have been thoroughly investigated, and several of them have been turned over to the prosecuting attorney. "We have investigative material that covers all those issues," Freitas said.

Prosecutor Michael Soong said his deputy, Craig DeCosta, is reviewing the assault case. Soong said other reports have been received this week and are scheduled for screening.

"These reports will be screened expeditiously," Soong said.

The county prosecutor is sending copies of the reports to the state attorney general for an independent review, Soong said, "because of the nature of the complaints and the potential conflicts (of interest)."

The lawsuit has caused an uproar in a Kaua'i community deeply concerned about drug abuse.

"It's very, very troubling," said Sen. Gary Hooser, D-7th (Kaua'i, Ni'ihau). "I've had members of the community calling me with rumors about this thing. The allegations are very serious, coming at a time when 'ice' drug awareness is at its very height in the community."

Mayor Bryan Baptiste has identified drugs as one of the island's biggest problems. He held a series of community meetings and recently named a countywide drug coordinator.

At the mayor's direction, county attorneys yesterday sent a request to the FBI to investigate the complaints contained in Begley's lawsuit.

"In order to restore confidence, we need an independent, outside investigation to clear the air," Hooser said.

Freitas pledged that he will "fully and openly cooperate" with any inquiry and that the department's other officers were told to do the same.

Begley's attorney, Chris Bouslog, said his client remains on light duty at the Police Department, and is still suffering from the effects of the assault.

Curnan denies attacking Begley. "I never assaulted anybody, and that's the truth," he said.

Bouslog said that when Begley reported drug and other allegations to Freitas, "some fairly mysterious things occurred," including suggestions that Begley would be charged with crimes in the case.

Freitas said that during the past three years, the department requested audits by the county Finance Department and the federal Drug Enforcement Administration into how money is handled in undercover operations, including the use of money to buy drugs.

"They made some recommendations for changes, but, generally, we received a clean bill of health," the chief said.

The FBI also has looked into the department's activities, he said.

"We have very recently cooperated with the FBI in assisting in the investigation of police corruption," Freitas said.

Freitas and Curnan both said they will ask the Kaua'i Police Commission to appoint outside attorneys to defend them against the civil suit and to represent them during any FBI investigation.

Freitas said he is concerned that the case will damage the reputation of the department.

"This is much too broad a brush. It is damaging too many people. We're not going to have a public lynching based on rumors," he said.

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