On March 31, 2009 Carrie filed a MOTION FOR MODIFICATION OF ORDER in Family Court, to have the restraining order against her removed.
HRS §586-9 Modification of order. Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. The court may deny, without hearing, a motion to dismiss or to modify the terms of an existing order for protection if the motion, on its face, does not allege facts sufficient to establish a material change in the circumstances of the parties since the issuance or last modification of the order. [emphasis added]
This is Carrie’s application, written by a Turning Points representative:
This is Carrie’s statement on the application:
I, Carrie Walters, am requesting a modification to the ORDER FOR PROTECTION issued by this court onNovember 17, 2009, and am imploring the court to release Carrie Walters as the respondent for the following special circumstances:
As the enclosed CD’s of the phone conversations of 3/23/10, 3/24/10, and 3/25/10 clearly show that Kevin Walters willing and knowingly lied on his TRO petition dated 11/6/09, thereby inducing unwarranted restrictions and further abuse upon the person of Carrie Walters.
Conversely the enclosed CD’s clearly show that Carrie Walters TRO petition dated November 9, 2009 was a factual representation of the events ofNovember 1, 2009.
The enclosed CD’s also clearly show that pursuant to HRS 5604-10.5 Kevin Walters has perpetrated a “course of conduct of harassment” against Carrie Walters causing her both physical and emotional distress.
Kevin Walters has admitted that on the evening of September 11, 2009 he did assault Carrie Walters then steal her truck keys, bank card, and truck.
Regarding the events of September 11, 2009 Kevin Walters made a plan to file a false claim that he was the victim of domestic violence. (see attached “A”)
Kevin Walters has also admitted that on the afternoon of October 8, 2009 he did assault Carrie Walters when she tried to talk to him about “the third bottle of vodka in less than a week…”
Kevin Walters has also admitted that on November 1, 2009 he was drunk, aggressive, and only concerned about keeping himself out of trouble and that Carrie Walters did have reason to fear him.
Kevin Walters has also admitted to pouring water into Carrie Walters computer, thereby causing her not only property damage but also causing Carrie Walters to lose her only means of earning an income.
Kevin Walters also caused Carrie Walters to be physically removed from, and enjoined from returning to, her own home for a period of 17 days, by lying on his TRO petition, thereby wantonly causing Carrie Walters further extreme psychological abuse and monetary damage.
Kevin Walters, with the assistance of Gene Gable and Ivan Cook, did steal on December 1, 2009 numerous personal items belonging to Carrie Walters, some of which Carrie Walters possesses receipts and photos of to prove ownership, upon his vacating her residence.
Kevin Walters has a history of substance abuse and violence, not only against Carrie Walters but also his second wife the former Patricia Walters. (see attached “B”)
Kevin Walters has a history of lying to authorities to avoid responsibility for his actions. (see attached “C”)
Since November 5, 2009 Kevin Walters has used various means to set up a meeting with Carrie Walters including calling her home, calling her children, calling her mother, talking and sending a letter to her attorney Ivan Van Leer. These numerous incidents have not only caused Carrie Walters, but her family members further undue stress.
Kevin Walters has inflicted additional emotional duress upon Carrie Walters and her children by telling her children that, “He his very experienced with attorneys and what he has to say to the courts is entirely contingent upon how much of a relationship their mother is willing to have with him.”
Further, Carrie Walters does beseech this court to remove her as plaintiff on the ORDER OF PROTECTION dated November 17, 2009 for the additional special circumstances:
On November 13, 2009 when officers from the Keaau Police Department served Carrie Walters with Kevin Walters TRO and removed her from her house, while she was on the phone with her attorney Ivan Van Leer, Carrie Walters did inquire when they were going to serve her TRO on Kevin, the officers responded, “We’re not serving your TRO.”
On December 1, 2009 when Carrie Walters attempted to report her stolen items to officer Silva of the Keaau Police Department she was told that she did not have a valid ORDER OF PROTECTION and then officer Silva said, “This is just a property crime and we’re not going to do anything about it.” Officer Silva has thus far refused to return Carrie Walters numerous messages regarding this incident.
On December 2, 2009 Carrie Walters went and explained the ORDER OF PROTECTION situation to the clerk at the Hilo Court. Carrie was told it is a valid ORDER OF PROTECTION and in the future Carrie could have the police call the Court to verify it.
On March 26, 2010 officer Nishimoto of Hilo Police Department told Carrie Walters that the ORDER OF PROTECTION is only valid for Kevin Walters against Carrie Walters.
On March 29, 2010 Carrie Walters went to Turning Points and spoke with Michelle Keiki regarding the ORDER OF PROTECTION and Ms. Keiki said it is a valid mutual ORDER OF PROTECTION. Ms. Keiki then phoned the Keaau Police Department to assist Carrie in this matter. The woman at the Keaau police Department was rude to Ms. Keiki, told her if she had a complaint to call the Hilo police Department, then hung up on Ms. Keiki.
Ms. Keiki then called Hilo Police Department to have an officer come to Turning points to resolve this matter. Officer Agustin arrived and agreed that it is indeed a valid mutual ORDER OF PROTECTION.
An ORDER OF PROTECTION that is only valid when the courts are open and if the responding officer wants to call the court, or only in the presence of a Turning Points representative, is only serving to put Carrie Walters at further risk and harm.
Further, the combined facts that Carrie Walters has pending criminal charges resulting from the events of November 1, 2009, is listed as the respondent on the ORDER OF PROTECTION, and the extreme prejudice she has had to endure from the Keaau Police Department, her only means of assistance, has resulted in putting Carrie Walters safety, life, and liberties in the impossibly tenuous position of enduring further psychological abuse, fear of the very real possibility of further physical abuse, or the threat of jail. Thus far, Kevin Walters abuse and manipulation of the system has caused Carrie Walters additional undue, unjust and inhumane emotional distress to the point of causing daily life threatening asthma attacks, even on March 27, 2010 requiring her to receive emergency medic transport for an uncontrollable asthma attack, and I once again implore this court to consider all the evidence before you and remove Carrie Walters as the respondent on the ORDER OF PROTECTION since it is clearly in the best interest of justice.
Apparently Judge Bartholomew found the facts sufficient to establish a material change in the circumstances, because he granted a hearing:
On May 3, 2010 Carrie and her friend Barbara arrived at family court for the hearing. Carrie went to the ladies room to vomit, and Barbara waited for the case to be called. While Carrie was gone, Kevin arrived and sat down with Prosecutor Rick Dammerville. Your probably wondering why was a Prosecutor at a TRO hearing? Well, within earshot of Barbara, Rick Dammerville advised Kevin of his 5th amendment right against self-incrimination, told Kevin to be very careful when he answers any questions from the Judge, and then told Kevin not to worry because Carrie’s recordings (of Kevin admitting his guilt) would not get put on the record.
Carrie returned, Barbara told her what had transpired and court was called. Once in court, where Carrie was not represented by an attorney, Prosecutor Rick Dammerville lied to Judge Bartholomew when asked his purpose for being in family court. Rick Dammerville stated his reason for being there was to advise BOTH Carrie and Kevin of their 5th amendment rights. He then went on the say that Mrs. Walters needs to be aware that anything said in family court is on the record and can be brought into criminal court (Carrie was not only aware of this, it was her purpose for being there, since her recordings were being squelched in criminal court). Prosecutor Rick Dammerville further stated that he had read Carrie’s motion for modification and accused her of making self-incriminating statements. In actuality her truthful and verifiable statements are only incriminating against Kevin Walters, the police and prosecutors (since they had the recordings for five weeks, and yet choose to ignore the law and continue to persecute Carrie). Rick Dammerville then let the Judge know what was expected of him by stating the Carrie was the only one facing charges from the events of November 1, 2009.
Judge Bartholomew’s response was to thank Prosecutor Rick Dammerville for being so upstanding as to take his own time to go to family court! The Judge then lectured Carrie on the seriousness of the charges she was facing and remind her that everything in family court is on the record. Carrie stated that she was willing to go forward anyway. Judge Bartholomew then said he was going to make her take the 5th against her wishes. He did not allow the recordings to get entered into the record, told Carrie the issues she was having with her lack of enforcement of a mutual order of protection were not unusual and she would just have to deal with it, and that court was not the proper place to deal with violations of an order of protection!
As her friend Barbara put it in a letter to Judge Hara (which he also ignored), the proceedings were a sham.
The end result is that for more than two years now Carrie has been stalked, harassed, intimidated, run off the road, assaulted, burglarized, had her home invaded and her life threatened, with no where to turn. Every time she tried to report any crimes committed against her she was either arrested or threatened with arrest, all recorded of course.
Having Hawaii County connections: Priceless