The Kaua’i Police Commission is meeting again Tuesday morning. The Commission met just last week for its regularly-scheduled monthly meeting, so there is some speculation that the five-month investigation into alleged misconduct by recently re-instated chief George Freitas will finally
The Kaua’i Police Commission is meeting again Tuesday morning.
The Commission met just last week for its regularly-scheduled monthly meeting, so there is some speculation that the five-month investigation into alleged misconduct by recently re-instated chief George Freitas will finally be resolved.
Freitas was accused in August, by Lt. Alvin Seto, and now-retired chief Inspector Mel Morris, of a variety of issues, including parking his car the wrong way and giving his girlfriend a vehicular tour of the West Side.
Five of the charges were dropped in December but three, including the most serious, that Freitas had hindered an internal investigation against Nelson Gabriel, remain.
Gabriel is the KPD officer acquitted last week of 20 felony charges that he sexually assaulted his underage stepdaughter.
Fifth Circuit Court Judge George Masuoka last week found Gabriel innocent of all 20 charges, saying the prosecution’s 16-year-old witness (under 13 at the time of the alleged assaults) was not credible.
The internal investigation Freitas allegedly hampered involved separate allegations of sexual harassment brought against Gabriel by a young female dispatcher.
Gabriel was transferred off Patrol and into Dispatch after criminal charges were filed against him in the sexual assault matter.
Kaua’i County Prosecutor Mike Soong said two months ago his office was not pursuing criminal charges against Freitas, connected to the allegations that he hindered an police investigation against Gabriel.
Gabriel is currently facing seven misdemeanor harassment charges in Kaua’i District Court relating to the alleged harassment of the dispatcher in 2001.
Those seven charges include one count of stalking.
In addition, a local lawyer said a civil lawsuit is also being filed against the county.
Kaua’i attorney Daniel G. Hempey said Friday that he is representing the dispatcher.
Hempey said he is only awaiting a letter from the Equal Employment Opportunities Commission concerning the dispatcher’s recent sworn testimony to the EEOC on Oahu, before filing a suit.
Hempey said the suit will name the County of Kaua’i, the Kaua’i Police Department, the Kaua’i Police Commission, Morris, Seto and the dispatcher’s immediate supervisor.
Hempey said his client went to Freitas after some alleged improper conduct by Gabriel.
“She simply wanted a transfer,” Hempey said.
In her EEOC testimony, the dispatcher identified as Jane Doe by Hempey (in an effort to protect her identity), alleged that Gabriel touched her.
“On at least three occasions Officer Gabriel came over to my work station and massaged my neck …even after I told him to stop,” she alleged in her testimony.
She also claimed Gabriel called her at her home.
But according to Hempey, “Jane Doe” wasn’t seeking punishment for her co-worker.
“She merely wanted to be transferred to another shift. That’s why she went to the chief,” Hempey said Friday.
But before Freitas could act on her request Hempey said, Lt. Seto got involved.
The dispatcher further alleges in her EEOC testimony that Seto, who was allegedly told of the complaint against Gabriel by Jane Doe’s dispatch supervisor, asked the alleged victim to make her charge more serious by alleging that Gabriel kissed her neck, not merely rubbed it.
All of those involved have denied the girl’s allegations, including Gabriel, who has pleaded not guilty to all seven counts of harassment.
Mike Green, the Oahu-based defense attorney who represented Gabriel in the sex assault trial, is also handling the misdemeanor complaints against his client.
“We’re having a status conference next week. I’ve looked at the number of charges involved (seven) and will seek dismissal on a number of them. One of the charges is stalking. Where did that come from?” Green asked.
And what about Freitas and his alleged interference in an internal police investigation?
Green, who has represented the police union (SHOPO) in court, said, “Chief Freitas followed the (union) contract,” in his handling of the dispatcher’s complaint.
Kaua’i Deputy Police Chief Will Ihu said Friday afternoon that a new internal investigation of what transpired between Seto, the dispatcher, and Gabriel is underway.
