03-25-2016, 01:40 PM
FYI: (Snipped - More at link)
http://www.hawaiinewsnow.com/story/31563...theft-case
HILO, HAWAII (HawaiiNewsNow) -
Big Island Mayor Billy Kenoi rejected a plea deal offered by state prosecutors, sources said, paving the way for his theft indictment Wednesday.
One reason Kenoi turned down a plea bargain, according to an experienced defense attorney, is that he could lose his license to practice law with any conviction in this case.
"If he gets a conviction, any kind of criminal conviction, then the Office of Disciplinary Counsel would be involved. There would be a separate independent investigation and then he'd have to address that matter before the Hawaii Supreme Court," said Myles Breiner, a defense attorney and former deputy city prosecutor.
In the case against Kenoi, according to two well-known criminal defense lawyers, prosecutors will have to prove whether Kenoi intended to steal from taxpayers.
"They'd have to prove that he had the intent. Not reckless, but the specific intent to defraud the county of those funds,” Breiner said.
Eric Seitz, a lawyer who’s defended several Hawaii officials in public corruption cases, agreed.
"Did he intend to deprive somebody permanently of property? And that's going to be very difficult to prove, especially since he says 'Oh, I intended to pay it all back, and I have paid it all back,'" Seitz said.
Additionally, the Ethics Board is to hear the complaint: (*Snipped - More at link)
http://hawaiitribune-herald.com/news/loc...-complaint
Mayor Billy Kenoi will face an ethics complaint, in addition to criminal charges, for charging personal expenses to a county credit card.
After initially deferring a petition from Kapaau resident Lanric Hyland, the Hawaii County Board of Ethics has agreed to hear his complaint against the mayor at its May 10 meeting, according to a letter he received from the board. The letter was copied to Kenoi’s attorneys.
Hyland alleges Kenoi violated the county’s ethics code by using his purchasing card, known as a pCard, for noncounty expenses that included trips to two Honolulu hostess bars.
The board initially deferred the petition last May while the state attorney general’s office investigated Kenoi’s spending habits.
Very sad, very disturbing, and very embarrassing situation. Most of all, I feel badly for his wife, keiki, and ohana. The comments here make valid points. The salacious details, however, continue to flood the media with both fact and fiction, which inhibit the truth finding.
It breaks down to basics, in my mind:
1) Extremely poor decision. Morally, ethically, and perhaps, legally (we shall see what the courts/lawyers decide).
2) Intent: What was his intent? (Rhetoric question, at this point. The courts will decide "intent", not us.)
3) Political influences/Political career - (ie. Ige, "et al" may not want Kenoi running against him the next election; Senate seat is also up for grabs, etc.) Without perceived integrity, credibility, and trust, you may be done/toast/pau.
Let us trust that ALL elected officials are scrinitized given their position and kuleana. From Washington D.C., to Honolulu, to the shores of Moku o Keawe.
SMH.
JMO.
http://www.hawaiinewsnow.com/story/31563...theft-case
HILO, HAWAII (HawaiiNewsNow) -
Big Island Mayor Billy Kenoi rejected a plea deal offered by state prosecutors, sources said, paving the way for his theft indictment Wednesday.
One reason Kenoi turned down a plea bargain, according to an experienced defense attorney, is that he could lose his license to practice law with any conviction in this case.
"If he gets a conviction, any kind of criminal conviction, then the Office of Disciplinary Counsel would be involved. There would be a separate independent investigation and then he'd have to address that matter before the Hawaii Supreme Court," said Myles Breiner, a defense attorney and former deputy city prosecutor.
In the case against Kenoi, according to two well-known criminal defense lawyers, prosecutors will have to prove whether Kenoi intended to steal from taxpayers.
"They'd have to prove that he had the intent. Not reckless, but the specific intent to defraud the county of those funds,” Breiner said.
Eric Seitz, a lawyer who’s defended several Hawaii officials in public corruption cases, agreed.
"Did he intend to deprive somebody permanently of property? And that's going to be very difficult to prove, especially since he says 'Oh, I intended to pay it all back, and I have paid it all back,'" Seitz said.
Additionally, the Ethics Board is to hear the complaint: (*Snipped - More at link)
http://hawaiitribune-herald.com/news/loc...-complaint
Mayor Billy Kenoi will face an ethics complaint, in addition to criminal charges, for charging personal expenses to a county credit card.
After initially deferring a petition from Kapaau resident Lanric Hyland, the Hawaii County Board of Ethics has agreed to hear his complaint against the mayor at its May 10 meeting, according to a letter he received from the board. The letter was copied to Kenoi’s attorneys.
Hyland alleges Kenoi violated the county’s ethics code by using his purchasing card, known as a pCard, for noncounty expenses that included trips to two Honolulu hostess bars.
The board initially deferred the petition last May while the state attorney general’s office investigated Kenoi’s spending habits.
Very sad, very disturbing, and very embarrassing situation. Most of all, I feel badly for his wife, keiki, and ohana. The comments here make valid points. The salacious details, however, continue to flood the media with both fact and fiction, which inhibit the truth finding.
It breaks down to basics, in my mind:
1) Extremely poor decision. Morally, ethically, and perhaps, legally (we shall see what the courts/lawyers decide).
2) Intent: What was his intent? (Rhetoric question, at this point. The courts will decide "intent", not us.)
3) Political influences/Political career - (ie. Ige, "et al" may not want Kenoi running against him the next election; Senate seat is also up for grabs, etc.) Without perceived integrity, credibility, and trust, you may be done/toast/pau.
Let us trust that ALL elected officials are scrinitized given their position and kuleana. From Washington D.C., to Honolulu, to the shores of Moku o Keawe.
SMH.
JMO.