LIHU‘E — The county manager indicted on an accessory to theft case involving the mayor’s gas card will make her initial appearance in 5th Circuit Court today with Chief Judge Randal Valenciano presiding. County Human Resources Manager Janine M.Z. Rapozo
LIHU‘E — The county manager indicted on an accessory to theft case involving the mayor’s gas card will make her initial appearance in 5th Circuit Court today with Chief Judge Randal Valenciano presiding.
County Human Resources Manager Janine M.Z. Rapozo will enter a plea, and her defense attorney Craig De Costa will then present a motion to dismiss the case. She is charged with second-degree theft for aiding Kaua‘i Mayor Bernard Carvalho Jr. in alleged illegal use of a county fuel card, and 21 misdemeanor counts of falsifying business records.
The first part of De Costa’s motion is to dismiss on grounds of prosecutorial misconduct. He claims that the Office of the Prosecuting Attorney relied on a police and prosecutor investigation, and did not fully present findings of independent investigators to the grand jury.
De Costa asserts in his motion that more OPA misconduct occurred with allegedly presenting arrest warrant applications to per diem district court judges that were denied.
County Deputy Prosecuting Attorney Jake Delaplane said in the state’s response motion that the assertions of the defense are false. The OPA motion said the independent investigation mentions possible knowledge of unauthorized expenditures and attempts to
conceal them from public view.
Delaplane adds that the state Attorney General has not provided the Kaua‘i Police Department or the OPA with findings of no probable cause as the defense claims. If the findings exist, the motion said this does not constitute withholding evidence in favor of the defendant, and that for the defense to rely on unsubstantiated information is “reckless and overreaching.”
De Costa also argues that the 21 misdemeanor counts have passed a two-year statute of limitations.
Delaplane’s motion argues that the charges qualify for a three-year extension for “elements of fraud, deception or breach of fiduciary duty.”
The OPA is joining De Costa’s third part of his motion in asking the court to determine if the required number of grand jurors agreed for an indictment.
The defense claims the grand jury did not have enough members in agreement in its decision that probable cause existed for criminal charges. If the motion is denied and the court finds the indictment is valid, then De Costa is requesting a review of the grand jury video to show if a quorum of members agreed.
If the case survives De Costa’s motion then the County Attorney’s Office will move to void three OPA investigative subpoenas against county offices. If the court denies, they will ask for a limited protective order against county documents.
Deputy County Attorneys Amy I. Esaki and Mauna Kea Trask will represent the county Information Technology Division, the mayor’s office and the Transportation Agency, all of which were subpoenaed on Nov. 16. The OPA is demanding documents and communications related to the mayor’s fuel card use, fuel audits and investigations from January 2009 to the present day.
The county attorney motion argues that statute does not allow the OPA authority to seek investigative subpoenas once a criminal indictment is found. It argues the order is overreaching and does not allow ample time to compile voluminous records.
If the case is dismissed, Rapozo will ask a court to assess the OPA for her legal fees and the application fee to have her arrest and charges removed from her permanent record.
• Tom LaVenture can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
