LIHU‘E — The County of Kaua‘i has filed a motion to quash investigative subpoenas issued to county offices, making it the first official action of the county in the state’s case against Human Resources Manager Janine M.Z. Rapozo. Rapozo is
LIHU‘E — The County of Kaua‘i has filed a motion to quash investigative subpoenas issued to county offices, making it the first official action of the county in the state’s case against Human Resources Manager Janine M.Z. Rapozo.
Rapozo is charged with second-degree theft and 21 counts of falsifying business records. An independent investigation revealed a possible cover up relating to Mayor Bernard Carvalho Jr.’s alleged abuse of a county gas card in 2009 and 2010.
Kaua‘i Chief of Police Darryl Perry said the Kaua‘i Police Department’s investigation is complete, while the Office of the Prosecuting Attorney said its investigation is ongoing.
The OPA declined to comment if there was enough evidence to indict the mayor.
Chief Judge Randal Valenciano will hear the county’s motion to prevent subpoenas from the OPA on Dec. 4. The county’s alternative motion is a request for a protective order.
On Nov. 16, the OPA filed motions to subpoena the county Information Technology Division, the Office of the Mayor and the Transportation Agency. Deputy County Attorney Amy I. Esaki is assigned to the represent the Transportation Agency and the IT Division.
Carvalho’s private attorney, Eric Seitz, said he requested that his client not be included in the motion. He said this is a criminal case and that these administrative subpoenas are not appropriate for criminal proceeding.
“The OPA is acting in bad faith, and this is not a legitimate investigation,” he said.
The decision not to file a motion on the subpoena is also based on technical issues and format, Seitz said.
Seitz instead replied with a letter to inform the OPA that it could motion to enforce the subpoena, and that Seitz and Carvalho would respond accordingly.
The subpoenas are requests for emails and documents related to the case, according to defense attorney Craig De Costa, who said he was served with a copy of the motions on Wednesday. The requests for thousands of pages of emails and other communications between parties involved in the case would require the county to hand them over by Friday, he added.
The charging process is not the end of an investigation, and the duty to continue following up in gathering evidence and interviewing witnesses continues, according to the OPA, with any discovery evidence made available to the defense.
The subpoenas are a fairly routine request of the county, and in this case, is not considered an extraordinary action, the OPA added, and is a reasonable request for documents related to the case.
Rapozo’s arraignment is scheduled for Tuesday in 5th Circuit Court. Bail was set in the amount of $500.
The county announced it would keep Rapozo on the job for the duration of her case. She has served as the Human Resources Manager for the Department of Personnel Services since July.
According to the county, there is no official policy pertaining to the status of indicted personnel. It is handled on a case-by-case basis and in this matter the decision was to keep her working, according to a county spokesperson.
Had Rapozo still worked in her previous position of Risk Management Administrator for the Department of Finance, or with the Transportation Division, the county would have weighed in the fact that these positions were related to the indictment.
On Tuesday, De Costa’s motion to dismiss will be heard. If the court dismisses the indictment, then the county motions to quash would not be necessary in December.
Current County Prosecuting Attorney Shaylene Iseri-Carvalho will be in office for Tuesday’s hearing, as will First Deputy Prosecutor Jake Delaplane, who is handling the case.
If the case is not dismissed then County Prosecuting Attorney-elect Justin Kollar will have his office handling the case at the Dec. 4 hearing. Currently a deputy county attorney, Kollar said it would be appropriate to wait until in office to comment on the matter.
Regarding reports in other media about a recent attempt to deliver an arrest warrant on the mayor for charges related to the gas card case or a subpoena to testify, Seitz said there appears to be no truth to the rumors.
“I have no idea where that came from, and I can’t substantiate,” he said.
When a suspect has an attorney, the procedure is for authorities to notify them to bring in their client for questioning or to process an arrest, Seitz said.
“Nobody called me, or contacted him, and I have no knowledge of any warrant,” Seitz said.
The warrant process is confidential and involves the arresting officer, the prosecutor and a judge, according to the OPA. To leak information about a signed, unsigned or pending warrant would put witnesses, confidential sources and evidence at risk.
To leak information about a warrant is a violation of ethical duties to the court and the criminal justice process, according to the OPA.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
