This is not a site about domestic violence. Just as our name states, it is about corruption in Hawaii. Unfortunately the events being reported here are not unusual for what occurs in the Hawaii “justice” system. The only unusual aspect is the irrefutable evidence provided by the LEGALLY RECORDED events.
As you look through our pages of evidence (and even more will be added when the time is right), you’ll soon realize the danger to all citizens arising from the unchecked powers of our judicial system. A system which can only be described as corrupt. This case not only clearly demonstrates how tenuous each of our civil rights and liberties are, but also exposes the absurd waste of taxpayer monies. How many untold thousands of dollars have been spent on this case which is ultimately about protectionism and retribution? How many more will be spent as Carrie continues her battle? Justice replaced by corruption is rampant in our courts and it affects every one of us.
According to the Hawaii Rules of Professional Conduct a defense attorney’s duty is to zealously represent their client. The prosecutors duty is as a minister of justice and carries with it specific obligations to see that the defendant is accorded procedural justice. Both attorneys in this case failed so miserably in their duties to Carrie that we have to seriously question their intent. As a matter of law, the evidence amassed in adducing their intent would rise to a level far above what the two attorneys have used to incarcerate many other defendants.
Criminal cases generally begin with police involvement. This involvement will be initial contact, investigation, then reporting to the prosecutor. In this case what Hawaii Police Department did could arguably be called at best inept, at worst corrupt. The reports were based upon statements made by Kevin Walters and his friend Bill Church. The police made no attempt to verify a single word they said. Based solely upon Kevin’s statements, even though each one alleged a different story, Detective Royce Serrao charged Carrie with assault. One month later Det. Serrao testified to the grand jury that he had not viewed the video, the primary piece of evidence. We leave the question of whether HPD is inept or corrupt up to the reader.
The next phase of criminal cases is the sole obligation of the Prosecutor. In this case that fell to Deputy Prosecutor Ricky Roy Damerville. After reviewing the evidence he had the choices of going forward with, amending, or dropping the charges. DP Damerville chose to go forward and present a story to the Grand Jury. Suspiciously conveniently, DP Damerville is unable to get the audio to the video to work, and lets the video run silently while Kevin testifies to things like “I stood up and she was yelling and screaming at me…”. Among all the other suspicious comments DP Dammerville makes during this event, we find the following to be glaringly obvious towards his intent; “Okay, now this is going to stay quiet for a little bit, okay. Voice will come on in a minute.” The video immediately begins with Kevin’s derranged ranting, however DP Damerville presents it like it’s as quiet as a church. Throughout the entire Grand Jury proceeding, there was not one mention of Kevins videoed threats. The first video was never mentioned. The police call log time-stamping the events and proving that Kevin’s testimony was blatant perjury were never presented. DP Dammerville committed gross Prosecutorial Misconduct by knowingly suborning, and potentially orchestrating, Grand Jury Perjury. We highly doubt our readers are now having trouble deciding between ineptitude or corruption at this point.
The Grand Jurors, who serve for a one year period in Hawaii, failed their duty and took only moments to rubber-stamp a True Bill. How many other innocent people had their lives ruined by this Grand Jury during their year of service?
Now comes the defense attorney, Deputy Public Defender Nailani Graham. Or as Carrie calls her, Assistant Prosecutor. At their first meeting DPD Graham tells Carrie, “I haven’t gotten your file yet but these types of cases are usually disposed of with a plea.” Unfortunately this was to be the highlight of her zealous representation. The complete Grand Jury transcripts and other exculpatory evidence were withheld from Carrie. According to DPD Graham, she did not know if the recordings of Kevin admitting his guilt could come in at trial. When Carrie presented her with the law clearly showing they were allowable evidence, DPD Graham responded “I do not consider you my co-counsel.” DPD Graham refused to take the contact info of two witnesses who could testify that Kevin had pre-planned his defense, nor would she take his hand-written out plan. She refused to consider the video as evidence to impeach his testimony. At one of their meetings DPD Graham said that should Carrie succeed in having Kevin charged with his crimes “the irony would be that he would get a real attorney” since the public defenders office wouldn’t be able to represent him.
DPD Graham filed two motions in her “defense” of Carrie. First, she filed for a 704 Exam in which DPD Graham “declared to under penalty of law” that she didn’t think Carrie was capable of participating in her own defense. This put Carrie under the very real risk of being institutionalized, but it was a process Carrie did not co-operate with. Secondly, she filed a Motion In Limine to suppress Carrie’s prior criminal record. Again declaring under penalty of law, DPD Graham writes “Defendant’s conviction is approximately twenty years old and therefore too remote in time, place, and circumstances to be relevant to the instant case.” Problem is, Carrie has absolutely no prior criminal record what so ever and she was the only party in this whole process who was mounting a defense.
As DPD Graham’s antagonism and retaliation against her client increased, Carrie sought other avenues to exert her rights. She tried to have DPD Graham replaced, but Judge Hara refused the motion. Carrie tried to have her order of protection modified and put the suppressed evidence on the record. Initially Judge Bartholomew was willing to do this and scheduled a hearing. Until DP Damerville arrived in Family Court and sent the clear message to shut it down. Judge Bartholomew then refused to hear any of the evidence. After 16 months of this nightmare Kangaroo Court Carrie was forced to accept a plea deal in which she was incarcerated for 30 days and 5 years of probation. Judge Hara justifies her incarceration by stating that she could have extricated herself from the situation by calling a cab, while completely ignoring the true perpatrators crimes. Without the battle she waged this case would have had a much quicker and less costly resolution and Carrie would have gotten 10 years in prison.
However, the battle continues. Carrie had boldly declared to all parties involved that she had recorded every one of them and would put it up on the web. The response was Probation Officer Rose De Lima attempted to incarcerate Carrie by violating her probation, calling Carrie unprobationable. Carrie stood in court and stated that PO De Lima had a complete lack of veracity and her recordings prove it. Judge Hara did not violate Carrie, however he did order her to stop recording. Given Carrie’s past record we highly doubt she has abided by this illegal order. PO De Lima tried to violate Carrie a second time for getting behind on her restitution payments. Carrie proved that the payments were a hardship and said she was willing to do community service. Judge Hara denied her the option of community service.
Carrie reported PO De Lima to the Attorney General for knowingly falsifying a court document. AG Inspector Domingo does agree that when a state officer falsifies a court document it is a crime, but it must be reported to the PO’s supervisor first. Carrie also lodged a complaint against DPD Graham with the Office of Disciplinary Council (ODC) for ethics violations. The ODC responded they don’t investigate ineffective assistance of council complaints, effectively playing the role of protecting attorneys. The most egregious ethics violators are the least likely to be sanctioned or disbarred.
The Hawaii Judicial system has completely broken down and morphed into a business of incarcerating as many citizens as possible. At the same time it is protecting the true criminals, those sworn to uphold the law yet using any means to justify their agenda. This case makes it clear that our Judicial System is anything but just, it is a syndicate whose main goal is to protect their own while pushing forward with their oppression of citizens. Carrie’s case is far from over and we will continue to monitor and report on it. In the meantime, we hope to find just one single respectable Judge, Attorney, or Officer in this system and we’ll report on that too.
Update 9-6-12: At this time we can only give a hint as to the changes about to occur in Hawaii County. Although Carrie scored historically low on the probation departments risk assesment, she was placed on high monitoring status for the past 1 1/2 years. This woman with no prior criminal record, no susbstance abuse issues, no danger to the public has been monitored as closely as a hardened career criminal. On September 5, 2012 Carrie arrived at her probation appointment and was informed that she is suddenly being dropped to low monitoring and she will not have to check in again for six months. Ironically, Carrie showed up for her appointment in this outfit…
Update 9-14-12: The following recording is of a meeting Carrie had with the Deputy Prosecutor Lucas Burns and Investigator Gene today. Listen to DP Burns ignore the conflict of interest of his office, then he and Investigator Gene try to cut Carrie off the second she mentions Rick Damerville. Investigator Gene then asks Carrie if her reocrder is on (obviously Carries reputation preceeded her) and DP Burns laughs. Investigator Gene tells Carrie she can’t record without their consent. Carrie responds “one party consent state”. DP Burns then says we’re not going to have an interview with that recorder on. Carrie says, “That isn’t an option you have as a public servant.” Not one quetion was answered, not one solution offered. The entire meeting, which Carrie forced on them, was centered around the Prosecutors office trying to continue their corrupt cover up. They only succeeded in digging a deeper hole. As Carrie later said, it was another good day.
And naturally, this is what she wore…
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