Court Filings

On April 10, 2013 Carrie filed a Petition for Post-Conviction Relief (Rule 40 HRPP).  As additional filings become public, we will be posting them here.

Petition Rule 40

July 5, 2013, due to improper “backroom shenanigans” occuring in this case, Carrie needed to take the extraordinary step of filing a Motion of preliminary Injunction.

injunction

July 9, 2013 Ivan Van Leer files a Motion to Withdraw as Consel.

Ivan Withdraw Motion

July 23, 2013 Hilo Prosecutors file a Motion to Strike Carrie’s Injunction

Prosecutors Motion to Strike

Considentially, four minutes later on July 23, Carrie is filing a Motion in Response To Motion To Withdraw.

Carrie Response to withdraw

July 27, 2013 Carrie receives an unfiled Declaration of Ricky R.  Damerville.

Damerville Declaration

August 7, 2013 a hearing is held.  Damerville is not present and the Prosecutor now says the State has “no position” on the proceedings.  The result was that Judge Nakamura did not strike Carrie’s Injunction.  Instead he separated the Rule 40 and Civil Claims from Carrie’s Injunction, Carrie will have new counsel assigned for the Rule 40, the Civil Claims were dismissed without prejudice so Carrie can re-file, and Judge Nakamura said he will sign appointing counsel for the Civil issues when she refiles.

August 26, 2013 Attorney Peter Steinberg is appointed as Carrie’s new counsel. Unfortunately, on this same day he unkowingly filed an appearance in another case which has a connection to Kevin Walters. Attorney Steinberg had to file a Motion to Withdraw and in his declaration he took the opportunity to notify the Court of the extraordinary expenses which will be involved in Carrie’s case.

Steinberg withdraw

November 6, 2013 Attorney Douglas Halstead is Carrie’s third appointed attorney. At Carries initial meeting with Attorney Halstead, he made it very clear he does not want to touch this case and sought her permission for him to withdraw. Attorney Halstead stated he would file the motion shortly after December 17, 2013. Eight months later Carrie sought, and was granted, permission from the Court to file a pro se motion to replace Attorney Halstead. In her motion Carrie takes the opportunity quote Attorney Halstead as he points out the culture of cronyism in our legal system. The Court set a hearing date of August 28, 2014 for Carrie’s motion.

Carrie motion to replace Halstead
Notice of Motion

August 22, 2014 Attorney Halstead now files a Motion to Withdraw.

Halstead Withdraw Motion

In Attorney Halstead’s motion, he is claiming that after eight months time he has never received an ORDER appointing him as Carrie’s counsel. In Ivan Van Leer’s motion to withdraw, he also made the same claim. On August 27, 2014 Carrie files a Motion in Response and a Motion for Written explanation to Judge Nakamaura, detailing the issues in her case and asking why her Post-Conviction Relief is being handled differently than all the others filed in the Third Circuit for the past six years.

Motion in Response
Motion for Written Explanation Nakamura

The hearing is held on August 28, 2014 and although the hearing was scheduled upon Carrie’s Motion to Replace Halstead, Judge Nakamaura only hears Attorney Halstead’s Motion to withdraw and refuses to hear any of Carrie’s motions. Then Judge Nakamaura walks out of the courtroom while Carrie is talking.

This story isn’t over yet and we’ll continue to update.

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2 responses to “Court Filings

  1. THAT IS SO WRONG THAT THE JUDGE WOULDNT EVEN LISTEN TO YOU WOW THATS THE SAME THING WITH ME THE FAMILY JUDGE IGNORED MY EVIDENCE I HAVE. KEEP UP THE GOOD WORK AND WILL ONE DAY GET JUSTICE TO THE ISLANDS

  2. A long journey CW…But Kick Ass OK! Aloha

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